By definition, open educational resources are licensed by their creator for free use subject to few if any restrictions, and neither permission nor fair use considerations are required. Consult the library's open educational resources guide for more details.
When physical print resources are inaccessible, it may be advisable to have digital copies made of the materials for students to access. We recommend taking the following into consideration:
Below is a printable checklist to help you determine fair use.
What is Fair Use?
Fair use provisions of U.S. copyright law allow use of copyrighted materials on a limited basis for specific purposes without the permission of the copyright holder.
It is necessary to weigh all four factors to decide whether a fair use exemption seems to apply to a proposed reuse. Courts take a holistic approach -- they do not simply add up a positive or negative for each factor.
Judges have tended to focus on two questions that collapse the four factors:
To help support a fair use case for an image:
Information obtained from MIT Libraries http://mit.v1.libguides.com/content.php?pid=238777 and used with permission.