Saint Michael’s College affirms both the value of copyright as a public good and the right of educational institutions to make fair use of copyrighted materials in teaching and scholarship. Faculty and staff of the college are required to respect all pertinent copyright laws and to act in accordance with the principles of fair use when reproducing materials for class use.
Before reproducing a copyrighted work it must be determined whether or not that instance of copying or scanning meets the criteria for fair use. The Copyright Act of 1976, Section 107 (see below) describes the factors which must be considered in determining whether the use made of a work in a particular case is fair use. Saint Michael’s College has established Copyright Guidelines to help determine whether or not a particular use of copyrighted material meets these criteria. If a potential use meets the criteria for fair use then the faculty or staff member may engage in that use without seeking copyright permission. If a potential use does not meet the criteria for fair use then the faculty or staff member is required to obtain Copyright Permission.
This policy applies equally to photocopying for classroom distribution, scanning and uploading items to Canvas, library reserves, and course packs. Information Technology, the Library, and the Bookstore have specific protocols governing copying and fair use in those settings.
Copyright Act of 1976, Section 107: Fair Use
…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 commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. 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 the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.