COPYRIGHT RESOURCES
Copyright's confusing. Period.
Here are several resources that may help.
© What is Fair Use? Fair Use is the use of copyrighted material for a
limited and/or transformative purpose, including such uses as teaching (including
multiple copies for classroom use), criticism, parody, research, scholarship, and
news reporting. See #107 in Title 17 of the United States Code, Chapter 1, at:
http://www.copyright.gov/title17/92chap1.html#107 .
©
Is your use Fair Use?
The "Checklist for Conducting a Fair Use
Analysis before Using Copyrighted Materials," below, will help you decide.
© When does a copyright expire?
It depends. Due to changing
copyright law, dates when works enter the public domain vary. For a quick check on
the status of a work, try the American Library Association's "Copyright Slider" at:
http://www.librarycopyright.net/digitalslider/ .
For more detail, including works published abroad, sound recordings, architectural
works, and more, see Cornell University's chart, located at:
http://www.copyright.cornell.edu/public_domain/ . (Check back annually for
updates.)
© May I show a commercial DVD or video in class?
According to the American Library Association's analysis, yes--under certain
conditions. For starters, the work must be shown by a teacher or student in
connection with an on-site, face-to-face teaching activity conducted by a nonprofit
educational institution. For a helpful statement of the basic requirements go to:
http://www.ala.org/ala/issuesadvocacy/copyright/fairuse/digitalclassroomdelivery
/index.cfm for the ALA’s “Digital Delivery in the Classroom” statement and click on
the highlighted “This piece” link. (And remember to consider the source of the
copy you will use. For example, you might still run afoul of the Netflix user
agreement.)
(Page 1 of 4)
© Is permission required for articles, chapters, and
illustrations in a "coursepack"?
Absolutely, if they are not in the public
domain. Before you compile a packet of materials for your students, you must
obtain permission from each of the copyright holders. The Copyright Clearance
Center (CCC) can expedite this process--for a fee. (For example, the CCC pay-peruse permission fee for copying 12 pages of the 1986 book A Taste of Kentucky for
12 students is $20.28.) Learn more about the Copyright Clearance Center's
academic services at: http://www.copyright.com/ccc/viewPage.do?pageCode=ac1-n .
© What in the heck is the TEACH Act? The good news: the
2002 "Technology, Education and Harmonization Act" (part of H.R. 2215) redefined
the conditions under which nonprofit educational institutions may use copyrighted
material in distance education—including via websites and other electronic forms—
without obtaining permission from the copyright holder. The bad news: provisions
of the act are complicated! For more information, see the American Library
Association's web page on "Distance Education and the TEACH Act":
http://www.ala.org/ala/aboutala/offices/wo/woissues/copyrightb/federallegislatio
n/distanceed/distanceeducation.cfm .
© Where can I find good, basic copyright information?
KVCC Librarians and library staff members are serious about copyright, fair use,
plagiarism, and related issues. Unfortunately, we are NOT lawyers or copyright
experts. Two good websites for copyright help are:
- Stanford University Libraries' "Copyright & Fair Use" website, at:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/ and
- The United States Copyright Center website, located at:
http://www.copyright.gov/ .
© DO NOT MISS the 2-page Fair Use Checklist below!
KVCC Libraries
September 17, 2009
(Page 2 of 4)
CHECKLIST FOR CONDUCTING A FAIR USE ANALYSIS
BEFORE USING COPYRIGHTED MATERIALS
This checklist is a tool to assist you in applying the balancing test for determining whether you may make or
distribute copies of works protected by copyright without having to obtain the permission of the copyright
holder. It is recommended that you complete and retain a copy of this form in connection with each "fair
use" of a copyrighted work.
Name:_________________________________________________________ Date:_________________________
Class or project:________________________________________________________________________________
Title of copyrighted work:________________________________________________________________________
Portion to be used (e.g., pages):____________________________________________________________________
Directions: Check all boxes that apply. For each of the four sections below, determine whether that factor
favors or disfavors a finding of fair use. Where the factors favoring fair use outnumber the factors weighing
against a finding of fair use, reliance on the fair use exception is justified. Where less than half the factors
favor fair use, permission should be obtained before copying or disseminating copies of the work.
PURPOSE OF THE USE
Disfavoring Fair Use
Favoring Fair Use

Educational
• Teaching (including multiple copies for
classroom use)
• Research
• Scholarship
• Criticism
• Comment

Transformative or Productive use (changes
the work to serve a new purpose)

Nonprofit use

Commercial or entertainment purpose

Non-transformative, verbatim, or exact copy

Profit-generating use
NATURE OF THE COPYRIGHTED MATERIAL
Disfavoring Fair Use
Favoring Fair Use

Factual, nonfiction, news


Published work

Creative (art, music, fiction) or consumable
(workbooks, tests) work
Unpublished work
(Continued)
AMOUNT COPIED
Disfavoring Fair Use
Favoring Fair Use

Small quantity (e.g., a single chapter or journal
article or other excerpt consisting of less than 10% of the
work)

Large portion or entire work

Portion used is not central to entire work as a whole

Portion used is central or the "heart" of the work

Amount used is appropriate to education purpose

Includes more than necessary for education purpose
EFFECT ON THE MARKET FOR THE ORIGINAL
Disfavoring Fair Use
Favoring Fair Use

No significant effect on the market or potential
market for the copyrighted work


One or few copies made and/or distributed


No longer in print; absence of licensing mechanism

Cumulative effect of copying would be to substitute
for purchase of the copyrighted work
Reasonably available licensing mechanism for
obtaining permission to use the copyrighted work
currently available (e.g., Copyright Clearance Center
licensing or off-prints available).

Restricted access (limited to students in a class or
other appropriate group)



One-time use, spontaneous use (no time to obtain
permission)
Numerous copies made and/or distributed
Will be making it publicly available on the Web or
using other means of broad dissemination
Repeated or long-term use
Kalamazoo Valley Community College statement: This document slightly revised from the Cornell University
document "Checklist for Conducting a Fair Use Analysis before Using Copyrighted Materials," March 20, 2009.
Cornell University statement: Revised by Cornell University from the "Checklist for Fair Use," a project of the
IUPUI Copyright Management Center, directed by Kenneth D. Crews, Associate Dean of the Faculties for
Copyright Management; see www.copyright.iupui.edu.
Indiana University Purdue University Indianapolis statement: This document is provided as a courtesy of the
Copyright Management Center, IUPUI, 530 W. New York St., Indianapolis, IN 46202. For further information and
updates please visit www.copyright.iupui.edu. This document last updated March 10, 2003.