Based on the Code of Best Practices in Fair Use for OpenCourseWare, NYU is sharing some of the content in these courses under "Fair Use", as provided for by 17 U.S.C. § 107. Because “Fair Use” content may involve the copyrights or other intellectual property rights of third parties, such content is excluded from NYU’s Creative Commons license (described above). When possible, NYU has provided relevant rights information. It is your responsibility to obtain any necessary permissions from the copyright holder(s) prior to using third party content.
NYU, prior to making any Open Education materials publicly available, has reviewed all material extensively to determine the correct ownership of the material and obtain appropriate licenses to make the material available. This includes material that NYU believes to be covered by the Fair Use doctrine, taking into account factors such as:
- The purpose and character of the use (e.g. use for scholarly criticism, commentary, or analysis; transformation from the original)
- The nature of the copyrighted work (e.g. factual versus creative works; published versus unpublished works)
- The amount and substantiality of the portion used (e.g. cropping, reduction in size, and use of low-resolution)
- The effect of the potential market for the copyrighted work (e.g. use that does not substitute for the original, or for which a licensing mechanism is not developed)