Fair Use FAQ

There is some content that has the “Fair Use” tag next to it. What does that mean?
Content contained within the Open.Michigan published resources that has the “Fair Use” tag next to it means that the content is not made available under an Open License and is instead “All Rights Reserved.” This content is being included within the OER released by Open.Michigan by relying on the “fair use” provision of U.S. Copyright law. See 17 USC § 107.

Why is Open.Michigan publishing material under "fair use?"
MIT OCW's FAQ on their inclusion of All Rights Reserved material under fair use explains it quite well:
 * We are constantly striving for ways to offer richer content. We would love to have everything shareable under [a] Creative Commons license, but some third party content simply cannot be cleared for open use, for a variety of reasons. So, instead of deleting content ("Image removed due to copyright restrictions"), which is frustrating to learners who want the most complete information possible, we provide it under fair use when we can. We feel that something, even if not fully "open," is better than nothing.

How is this “Fair Use” content different from the rest of the material available as OER?
Simply, the material that is marked with the “Fair Use” tag is not available for reuse in all situations. That material is not available under an Open License and thus any future reuse must be analyzed for its own likelihood of being a fair use.

What if I want to download, copy, modify, reuse, remix, or redistribute materials that include content tagged "Fair Use”?
From the MIT OCW Fair Use FAQ:
 * In order for you to do any of these things, you MUST either get permission from the copyright owner or make your own determination that you can use it under the fair use doctrine. The validity of a fair use claim depends on the context of its use. You may determine that your use is also fair use, but only you and an attorney can make that evaluation. If you download, copy, modify, reuse, remix, or redistribute "all rights reserved" content without permission of the copyright owner, and if your use is found not to be "fair use," then you may be liable for copyright infringement.

Can Open.Michigan help me to get permission or to determine if my intended use qualifies as "fair use?"
No. Open.Michigan cannot provide legal advice or assistance of any kind in this matter. If you have specific questions about these matters, contact the University of Michigan Library's Copyright Office at copyright@umich.edu or read their resources on Fair Use at http://www.lib.umich.edu/copyright/fair-use