Works not in the Public Domain and
Not Covered by C.O.D. Guidelines
If the work you want to use is not in the public domain and is not covered by the C.O.D. guidelines, you may apply the principle of "fair use" to see if it is permissible to use it.
Fair use provides educators, among others, with the right to use a certain portion of copyrighted acts under certain conditions. Many mistakenly think of fair use as an educational exemption that would allow unlimited use of any amount of a copyrighted work, so long as it is used in an educational setting. That is simply not the case.
Section 107 is a broad and flexible listing of exceptions that may constitute fair use and may be applied to any of the exclusive rights granted to the copyright owners. Other exemptions, listed below, are much more specific. Only exemptions particularly relevant to educational settings are included here. See Title 17 of the U.S. Code for other exemptions
§ 107 Limitation on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of that copyrighted work.
The fact that a work is unpublished shall not in itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
(17 U.S.C. Section 107)
Note that not all four factors need to be met, nor does any one factor have more weight than another: each case is decided upon its own set of conditions.
If you are using fair use as the reason you are making and using a copy keep a record of your reasoning.
The University of Texas, Office of General Counsel has an excellent guide for applying fair use.
If the work you wish to use is not in the public domain, is not covered by the guidelines, and is not "exempted" under fair use, you must get permission before you reproduce, distribute, perform, or prepare derivitive works. Proceed to Step Four: Permission.
Copyright Home Law Permissions Fair Use Public Domain C.O.D. Guidelines General Guidelines Teach Act Other Resources FAQ's News
The information on this site is intended to
inform the faculty, staff and students at the College of DuPage about copyright and to provide
guidelines for using and creating copyrighted material. The information should
not be considered legal advice.
For more information contact The Library
27 October 2004
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