Faculty and Copyright
"The primary objective of copyright is not to reward the labor of authors, but 'to promote the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art."
Justice Sandra Day O'Connor, Feist Publications, Inc. v. Rural Telephone Service Co., 1991.
Key Concepts Regarding Copyright
Definition of Copyright
Copyright is a legal protection provided by the laws of the United States (title 17, U.S. Code) to the creators of original literary, artistic, musical, technical, or other intellectual works that have been fixed in a tangible medium of expression. This protection is available to both published and unpublished works and involves five separate areas of rights (section 106):
- The right to reproduce or copy the work
- The right to prepare derivative works
- The right to distribute copies of the work to the public
- In the case of audiovisual or artistic creations, the right to display it publicly
- In the case of musical, dramatic, choreographic works, or pantomimes, the right to perform it publicly.
Definition of Fair Use
- Definition of Fair Use (Cornell University)
- What is Fair Use? (Stanford University)
In the context of copyright, "fair use" is the set of provisions of the law allowing limited copying, distribution, and display of copyrighted works without the author's permission. Copyright law does not specify the exact limitations of fair use. Actually, the expression "fair use" is not even defined in the law. However, it is generally interpreted to mean the conditions under which the reproduction of copyrighted materials is explicitly permitted for educational purposes such as criticism, comment, teaching, scholarship, and research. While no specific definition is available in the text of the law, there are four interrelated standards or tests that must be applied in each case to evaluate whether the copying or distributing falls within the limited exemption of fair use. These are included in the text of the law provided by the link listed below.
The four tests or “rules of thumb” that provide the practical framework for the handling of fair use are:
- The purpose and character of the use.
- The nature of the copyrighted work.
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- The effect of the use on the potential market for, or value of, the copyrighted work.
Text of the Law
- Text of the Law Regarding "Fair Use" (Cornell University)
Limits of the Law
- Exceptions & Limitations: Classroom Use, Fair Use, & More (University of Minnesota)
Frequently Asked Questions About Copyright
- Copyright FAQs (Stanford University)
Practical Guidelines for Faculty: Fair Use of Copyrighted Works
- Using the Four Factor Fair Use Test (University of Texas)
- Fair Use Analysis Worksheet (from University of Minnesota) (University of Maryland University College)
- Copyright Decision Map (University of Minnesota)
- Fair Use Checklist (Columbia University)
- Copyright Tools (American Library Association)
Examples of Classroom Copying Guidelines
- Guidelines for Classroom Copying of Books, Periodicals and Coursepacks (University of Central Arkansas)
- Guidelines: for Copying Books and Periodicals (University of Minnesota)
- Educational Copying of Books and Periodicals (University of Washington)
Guidelines for Library Course Reserves Copying
- Fair Use and Electronic Reserves (From the American Library Association)
- Using Content: Library Reserves (Copyright Clearance Center)
- Course Reserves Copyright Information (University of N. Carolina-Chapel Hill)
- Guidelines for Electronic Course Reserves Materials (Texas A & M University)
- University Policy on Copyright & Electronic Course Content (Duke University)
Music Materials
- Statement on the Digital Transmission of Audio Reserves (Music Library Association)
- Copyright Resource Center (Music Publishers Association)
- Statement on the Copyright Law and Fair Use in Music (Music Library Association)
Summary and Conclusion
The simplest summary to offer in relation to the information on copyright and fair use is that, depending on several major factors, the portions of copyrighted works that a faculty member needs to use for teaching may exceed the fair use guidelines. In that case, it is necessary to ask for permission from the copyright owner. The Pacific Union College Library is ready to assist faculty to locate the copyright owners and even to draft a letter to request permission. To decide if permission is necessary, please consult the "Fair Use Analysis Worksheet."
Additional Information
Disclaimer
Information provided in this document is no more than a personal understanding of the application of the copyright law to the academic environment and is not an official document issued by Pacific Union College.