Hall Davidson knows anything and everything about copyright and fair use for educators and even provides seminars for those who want to know how to survive without breaking the copyright law. Here are some of the great features of his website.

1. A cheat sheet that simplifies the wealth of information on what you can do and what you can't do. The website has a larger chart - but this is easier to view on your computer screen.
2. After you've spent a significant amount of time studying the chart, try your hand at Quiz 1.
3. Once you pass quiz 1, move on to Quiz 2.

Test 4 - Effects of Use on Market Value

Basically, if your use of a work is going to prevent or inhibit the author from making money off of the work or if it is going to devalue the work, then you will fail this test. The courts are very strict on this test - so don't try and weasel your way out of this one.
A few notable points:
1. Preventing or inhibiting the author from making money off of the work is very broad and the courts will look at all areas that the author can make money from the work.
For instance, say you absolutely love a book and write your own play of the book. Then, you have a local acting company perform it. You just took the author's right to turn the book into a play, and thus, there is the potential for loss of revenue. Even if the author never thought about turning the book into a play, there is always the possibility that they would have.
2. Anytime you use a work for something that is commercial, it is considered to adversely affect the value of the work.
If you set pictures of graduating high school senior in a slide show set to music, and then sell the DVDs at graduation, that is considered commercial - even if you don't turn a profit.
3. If you distribute a work so much that now no one wants or needs to buy the original work, then you are devaluing the market value of the work.

Something to think about:
If you make CDs of your favorite songs and distribute them to all your friends, can you argue that you're actually promoting the author's work?

Simpson, C. (2005). Copyright for Schools: A Practical Guide, fourth edition. Worthington, Ohio: Linworth Publishing, Inc.

Test 3 - Amount of Work Used

This can be a little gray - but common sense may prevail.
The amount of material used cannot be a "significant" amount. So what is the gray area? It's the definition of significant. Common sense says what?
Is 100% of a work significant?
Is 75% of a work significant?
Is 50% of a work significant?
Is 30% of a work significant?
Is 5 % of a work significant?

If you had to make a generalization, what would you consider significant?

Simpson, C. (2005). Copyright for Schools: A Practical Guide, fourth edition. Worthington, Ohio: Linworth Publishing, Inc.

Test 2 - Nature of Work

Test 2 also has 2 questions that need to be answered - they're a little more than yes/no answers. Here goes:
Question 1: Is the piece of work a creative piece or a factual piece?
This is important because you cannot protect facts - only a specific expression of facts.
If the work is creative, then it is protected.
Can you guess what is considered a creative work and what is considered a factual work?
A. A song
B. An encyclopedia
C. A novel
Question 2: Is the piece of work published or unpublished?
Which do you think would be more protected? Surprisingly an unpublished work has more protection because the author did not necessarily want the work to be seen by others.

Note: Remember that fair use is looked at as a whole test. Just because you pass/fail one part does not mean you pass/fail the whole test.
Can you think of any examples of works that are unpublished? I'm sure you have some of your own unpublished works. How could you use this question as a teachable moment in a classroom setting?

Simpson, C. (2005). Copyright for Schools: A Practical Guide, fourth edition. Worthington, Ohio: Linworth Publishing, Inc.