The amount of copyrighted material that can be used under fair use guidelines for education is not defined by a specific percentage or fixed rule. Instead, fair use is determined by a case-by-case analysis based on four key factors established by U.S. copyright law:
- Purpose and character of the use — Nonprofit educational use is more likely to be fair use, especially if the use is transformative (adds new meaning or purpose).
- Nature of the copyrighted work — Using factual works favors fair use more than highly creative works.
- Amount and substantiality of the portion used — Smaller portions are more likely fair use; using entire works is less likely to be fair use.
- Effect on the market value of the original — If the use harms the market for the original, it weighs against fair use
There are some commonly referenced guidelines and "rules of thumb" in educational contexts:
- Up to 10% or one chapter of a book is often cited as a reasonable limit, but this is not a legal rule, just a guideline to consider
- For audiovisual materials, up to 10% or 3 minutes (whichever is less) may be used under some educational fair use guidelines
- Entire works generally are not fair use, even if credited or used in education, unless the use is highly transformative or limited in distribution
- Copies made under fair use should be limited in number and access restricted to enrolled students or classroom participants
In practice, educators should evaluate each use individually using the four- factor test, document their reasoning, use only the amount necessary for the educational purpose, and restrict access when possible. When in doubt, obtaining permission is advisable
Summary
- No fixed percentage is legally specified.
- Up to 10% or one chapter/article is a common guideline but not a strict limit.
- Entire works are generally not fair use for education.
- Fair use depends on purpose, nature, amount, and market effect.
- Use should be limited, transformative, and access controlled.
- Document decisions and seek permission if unsure.
This nuanced approach ensures fair use supports education without infringing copyright
