How to Determine Fair Use

The US and Philippine Copyright Law provides certain exceptions to allow for material to be used without permission to further educational objectives.

  • PD 49 lists the limitation on copyright and fair use in the Philippines
  • Four factors must be weighed when considering the use of copyright materials in the classroom. These four factors are listed in Section 107 of the US law:
    • The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
    • The nature of the copyrighted work
    • The amount and substantiality of the portion used in relation to the copyrighted work as a whole
    • The effect of the use upon the potential market for, or value of, the copyrighted work
    • No one factor is more important than any other. It is in weighing the balance of the four factors that one will determine if the use is fair.
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