What's all the fuss about fair use? Isn't there a blanket exception under copyright law for the use of copyrighted materials in an educational setting?

There is no blanket exception under copyright law for educational institutions or educational uses. Although many educational uses fall within the fair use exception, the mere fact that students, professors or researchers plan to use copyrighted works in an educational setting does not, in itself, exempt them from liability under copyright law. In determining whether a planned use qualifies as a "fair use," the following four factors must be evaluated:

• The purpose for which the work is used (non-profit, teaching and research uses generally are allowed, whereas commercial uses generally are not);
• The nature or characteristics of the work (the use of published or non-fiction works generally is favored over the use of unpublished or fictional/highly creative works, for example);
• The amount and substantiality of the work used (which includes an evaluation of the quality and the quantity of the work you want to use, so be wary of using large portions of a work or portions of the work that are considered key or central to the work); and
• The effect of the use on the marketability or value of the work. (If the use negatively affects the sale or value of the work, it is rarely allowed, so it is important to limit the number of copies and to not engage in repeated or long term use of the work without obtaining permission.)