---
title: "Check a teaching copy against fair use"
url: "https://ailawframework.com/practice/education-law/check-teaching-copies-against-the-education-copyright-licence/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A59-PU20261022-6-US"
practice_area: "Education Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a teaching copy against fair use

> From the reading list or the file to be shared, record the work, how much is to be copied or performed, the educational purpose, and whether a permission is already on the file.…

Canonical page: https://ailawframework.com/practice/education-law/check-teaching-copies-against-the-education-copyright-licence/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Education Law](https://ailawframework.com/practice/education-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the reading list or the file to be shared, record the work, how much is to be copied or performed, the educational purpose, and whether a permission is already on the file. Do not decide that the use is fair, and do not write a permission request. |
| What the lawyer must review | You decide whether the use is fair. Copyright Office Circular 21 reprints 17 U.S.C. 107. Fair use of a copyrighted work, including for teaching and for multiple copies for classroom use, is not an infringement. The factors are the purpose and character of the use, including whether it is commercial or for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the work as a whole; and the effect of the use on the potential market for or value of the work. The fact that a work is unpublished does not itself bar fair use. The Copyright Office fair-use questions say there is no legal rule permitting a specific number of words, a number of musical notes, or a percentage of a work, and that whether a use is fair depends on all the circumstances. In cases of doubt the Office recommends that permission be obtained. The same questions say that showing a movie in face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, from a lawful copy, is within 17 U.S.C. 110(1), and that this does not include a performance for recreation or entertainment. Only a federal court can determine that a particular use is fair. The Office's questions point back to Circular 21 for reproductions by educators and librarians. |
| Written for | United States |
| Applies to | [Check teaching copies against the education copyright licence](https://ailawframework.com/practice/education-law/check-teaching-copies-against-the-education-copyright-licence.md) |

## Checking plan

- What the AI does: From the reading list or the file to be shared, record the work, how much is to be copied or performed, the educational purpose, and whether a permission is already on the file. Do not decide that the use is fair, and do not write a permission request.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- There is no word-count or percentage safe harbour on the Copyright Office questions page.
- Section 110(1) on that page is stated for a movie shown in face-to-face teaching from a lawful copy. Do not extend it past that statement.
- A doubt is a reason to seek permission. The tool does not write that request.

## Sources

- [Copyright Office Circular 21, Reproduction of Copyrighted Works by Educators and Librarians, reprinting 17 U.S.C. 107](https://www.copyright.gov/circs/circ21.pdf) (checked 2026-10-22)
- [Copyright Office, Fair Use questions](https://www.copyright.gov/help/faq/faq-fairuse.html) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*