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Four Standards for Determining Fair Use
- The purpose and character of the use of copyrighted work
- Is the copyrighted work the same as the original, or has is the work being used in a new and different way?
- Is the work for educational, personal, or commercial use? (Courts are more likely to rule in favor of fair use for noncommercial purposes.)
2. The nature of the copyrighted work.
- Facts cannot be copyrighted.
- The more factual the work, the more likely it is to be considered "fair use." Conversely, the more creative a work, the less likely it is to be considered "fair use."
3. Amount/Substantiality of the work in relation to the work as a whole.
- How MUCH of the copyrighted work is being used?
- Poetry - Complete poem of less than 250 works and not printed on more than two pages OR an exerpt from a longer poem of no more than 250 words. (A line of poetry may be completed without violating copyright).
- Prose -A complete article, story of essay of less than 2500 words , or an exerpt of not more than 1000 words or 10% of the work (whichever is less). (A paragraph may be finished without violating copyright).
- Illustrations - One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue. (Note: Database products such as Clinical Key and Access Medicine allow the use of illustrations because permission is granted for noncommercial as a condition of the license fees paid. For further information, ask your librarian.)
4. The effect of the use upon the potential market for (or value of) the copyrighted work.
- Will the use deprive the copyright holder of profit?
Copyright Questions Instructors Ask
Is it okay for me to make multiple copies of an article for my class?
If you are using something you recently found, yes. But you cannot use the same article term after term without obtaining permission from the copyright holder. You also cannot make multiple copies of an article and keep distributing them to students term after term.
If I attribute the author am I in copyright compliance?
It depends on the situation. Attribution does not replace the need to obtain permission.
If something is out of print, am I free to copy and distribute it?
No. Even if an item is out of print, it is still protected by copyright. Treat the reproduction of the item the same way you would treat an item that is in print.
If I find it on the Internet, can I assume it is in the public domain?
No. The ubiquity of the Internet makes material easy to obtain, but does not negate copyright. The best course would be to link to the article in the short term, and request permission for long term use.
If I am able to copy a picture on the Internet, can I assume it is in the public domain?
No. Being able to copy a picture does not mean it is in the public domain. To find pictures that are available for reuse, Search Google Images, click Advanced search, and under usage rights choose "available for reuse." This limits your search to graphics you can use. For other sources of graphics available to Campbell users, click the Image Sources tab in this guide.
I found the perfect Powerpoint presentation on the Internet. Can I use it?
Powerpoint presentations and slides have copyright protection. It can be used once. After that, obtain permission from the author.
Are YouTube videos in the public domain?
No, but they are subject to Fair Use. The best course of action would be to link to the video. Embedding the video constitutes copying the video, and complicates the question of Fair Use. If it is desireable to embed the video, contact the video's owner. YouTube has a built in utility for this contact. For more information on YouTube and copyright, scroll to the bottom of the YouTube page and click the Copyright link.
How much of a work can I use without violating copyright?
A complete article,story or essay of less than 2500 words.
No more than 10% of a work.
The excerpt cannot constitute the "heart" of the work.
Lines of poetry can be finished without violating copyright.
How can I make an article available to my students electronically?
If Campbell owns the item electronically, you can link to it from a password protected environment such as Blackboard. Another option would be to place the item on electronic reserve through the University library. If Campbell does not own the article and obtains it through interlibrary loan, it can be made available through a password-protected environment once; after that, permission must be obtained.
If Campbell owns the journal, can I post the PDF for my students?
If Campbell owns the article, the easiest thing would be to link to the article citation, and allow the student to follow the link to the PDF.
I want to use my student's outstanding work as part of a presentation. Can I do that?
The student's work is protected by copyright. Make sure you have the student's written permission to do so.