>> From the Library of Congress in Washington, D.C.
>> If you have to reproduce a primary source, and you believe it's protected by copyright, you'll need to decide for yourself whether it's fair to use the primary source for educational purposes. Fair Use is a legal term. It's a court-created doctrine that Congress made part of the Copyright Act in 1976. U.S. copyright law sets out four factors to be considered in determining whether or not a particular use is fair. Number 1 - The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes. Number 2 - The nature of the copyrighted work. Number 3 - The amount and substantiality of the portion used in relation to the copyrighted work as a whole. Number 4 - The effect of the use upon the potential market for, or value of, the copyrighted work. There is no cut and dry answer on fair use. You as a teacher will need to decide for yourself if your use of a primary source is fair. After you evaluate a primary source, if you're not comfortable with reproducing it, you can always choose a different primary source. Or you might change your use so you link to it or display it in face-to-face instruction.
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