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9/13/17

Overview

  • In the U.S., content including books, journal articles, photos, audio and video are intellectual property and therefore can be protected by copyright restrictions.
  • This document attempts to orient you about the "fair use" exemption designed for non-profit research, teaching, and scholarship
  • It does not provide legal advice (please see disclaimer below)

Fair Use

  • U.S. copyright law provides for "fair use" for non-profit research, teaching, and scholarship
    • Generally this means that you can reproduce portions of a work without securing copyright permission from the publisher and/or author
  • Recent case law has held that fair use will be judged in light of purpose
    • For sufficiently new or transformative purposes, quite a lot of a copyrighted work can be used.
    • Old guidelines that emphasized counting words or calculated pre-determined percentages of a given work are no longer useful

Older Materials that are Out of Copyright

  • Generally, books that are older than 20 years are in the "public domain" (and can be reproduced without copyright restrictions)

Copyright Request and Release Form

  • Copyright Request
  • Release Form (for Oral Histories and Interviews, for example)

Disclaimer

  • This advice should help to orient you and better prepare you for a consultation with your attorney and/or the University's General Counsel
  • This document is not meant to substitute for legal advice.
  • This document focuses on U.S. copyright law and practice.  
  • International copyright varies from U.S. law and practice widely.
  • Copyright law and it's interpretation are continually changing, particularly in the web environment.

 

 

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