Many of the ways that faculty use copyrighted materials as a part of courses or classes are permissible under the classroom use exceptions or fair use. However, not all “educational use” is allowed without permission from the copyright holder.
Faculty members bear the legal responsibility for complying with copyright laws and obtaining copyright permission from the copyright owner. Use the guidelines below, conduct a fair use analysis, or contact a librarian (see the form at the bottom of the page) to ensure that your use of copyrighted materials is permissible.
For works you cannot link to directly:
If copyright permission is needed, you may either directly ask the copyright holder (not necessarily the author) or obtain permission via the Copyright Clearance Center.
Use of copyrighted information must be used with permission, or based on the Fair Use provisions of the U.S. Copyright Act of 1976. The principle of “fair use” is established in 17 USC Section 107, which states that the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement.
Faculty are responsible for complying with copyright.
To determine whether copyright permission is needed for Electronic Reserves, faculty should keep in mind that the following four factors are considered in the determination of fair use:
Faculty may refer to the rules of thumb above, the online fair use evaluator at the link below, or seek assistance from a librarian in making a fair use determination.
Works in the public domain are no longer under copyright and do not require permission of the (former) copyright holder for any use. [Note that use of this work without proper attribution will still be considered plagiarism.]
Additional material, no matter the age, may be in the public domain.
Some works have been licensed for re-use by others. Look for a Creative Commons license.
* This copyright notice should be included with any copy of copyrighted work.
“Copying, displaying and distributing copyrighted works may infringe the owner’s copyright. The University’s policy statement on fair use can help you determine whether your use of a copyrighted work may be an infringement. Any use of computer or duplicating facilities by students, faculty or staff for infringing use of copyrighted works is subject to appropriate disciplinary action as well as those civil and criminal penalties provided by federal law.”