There are four considerations for fair use, the 1st, and 4th, both rely on the current context, and allow for different interpretations based on the current climate.
> 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The purpose, in this case, is nonprofit educational purposes during a crisis. Such a purpose is generally looked upon more favourably, as it is presented as a humanitarian gesture in a time of crisis.
> 4. the effect of the use upon the potential market for or value of the copyrighted work.
During a crisis, a temporary, and very clearly temporary and short-term, effort is unlikely to have an effect on the potential value of a copyrighted work.
As IA have aimed this collection at education it's probably also worth including:
> such use by reproduction in copies or phonorecords or by any other means ... teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
[0] All quotes come from Section 107, of the US Copyright Code.
> 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The purpose, in this case, is nonprofit educational purposes during a crisis. Such a purpose is generally looked upon more favourably, as it is presented as a humanitarian gesture in a time of crisis.
> 4. the effect of the use upon the potential market for or value of the copyrighted work.
During a crisis, a temporary, and very clearly temporary and short-term, effort is unlikely to have an effect on the potential value of a copyrighted work.
As IA have aimed this collection at education it's probably also worth including:
> such use by reproduction in copies or phonorecords or by any other means ... teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
[0] All quotes come from Section 107, of the US Copyright Code.