According to the statute, teaching, scholarship and research are favored uses of copyrighted works. Although not all nonprofit educational uses are fair uses, many are. Rights that are not exercised often are forfeited. If the University were to require that permission be obtained to use copyrighted works when the use is a fair use, fair use rights enjoyed by members of the University community would be threatened. UNC-CH has traditionally encouraged its faculty, staff and students to exercise their rights to use copyrighted works in the furtherance of teaching and learning.
Fair use depends on the facts and circumstances of the given situation.
Therefore, the person closest to those facts is best suited to determine the law s application. It is essential that the University continue to express confidence that its faculty, staff and librarians are able to make good-faith decisions about fair use and that their decisions will best reflect the particular circumstances relevant to the decision. Furthermore, the University must be committed to protecting the fair use rights accorded members of the academic community.