Copyright: Guidelines

In copyright law, the fair use doctrine allows limited use of copyrighted material for educational purposes. The Copyright Act of 1976 gives four factors that must be considered in determining whether or not a particular use would be fair:

  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
  4. The effect of the use upon the potential market for or value of the copyrighted work

Therefore, copying or scanning an item is likely to be fair use if:

  • it is used in the context of a class for educational purposes
  • the material is factual in nature, such as scholarly or journalistic writing
  • a small amount of material is used (e.g., just a few pages)
  • the copying or scanning complements rather than competes with sales of the original

If a case meets all four criteria, it is almost definitely fair use. For example, copying a short article or chapter from a work which the library has in its collection and distributing it to your class would normally be fair use and is not a violation of copyright. You can do so as long as you give a complete citation and a copyright notice with the material.

Copying or scanning is not likely to be fair use if:

  • it is used for entertainment or commercial purposes
  • the material is creative in nature, such as literary or artistic works
  • a large amount of material is used (e.g., more than one article or chapter)
  • the copying or scanning substitutes for purchase of the original

Thus copying or scanning more than one article or chapter from a work which the library has not purchased is not fair use, nor is using such an article or chapter in subsequent classes.

If you would like to use a text for class but its reproduction is not fair use, you have several options available:

  • Obtain Copyright Permission
  • Ask the Campus Store to create a course pack (they will obtain permission)
  • Place the original on library reserve rather than copying it
  • Use just a short excerpt of the work

For specific guidelines regarding the most commonly copied items, including help with making fair use determinations in more ambiguous cases, see:

If you would like to make one or more articles available to your class, follow these steps:

1. Check to see if the library already has the article available online

You can use the library Journal Finder to check on online availability.

If the answer is yes then you can link to it from your Canvas course or print out copies for your students. The library has instructions to help you link to journal articles. For more information contact a librarian.

If the answer is no then you must determine whether or not reproducing the article would be fair use, and go to Step 2.

2. Determine if copying or scanning the article would be fair use

Using a scholarly or journalistic article in a class already meets two of the four criteria for fair use. There are two other factors that must be considered: How long is the article? Would this use complement or compete with sales of the original?

First check to see if the library has the article in print using the Library Catalog.

If the library owns the journal issue, then copying or scanning one typical article or a couple of brief articles is fair use. However, using more than one typical article from a journal issue, or several articles from different issues of the same journal, exceeds the limits of fair use and you should obtain copyright permission.

If you own the journal issue but the library does not, then copying or scanning a small article of up to a few pages one time is fair use. If you plan to use it again, or need to use more than a few pages, you should obtain copyright permission.

If neither you nor the library owns the journal issue (e.g., you got a copy from another library), then copying or scanning even a small amount may not be fair use. You may use a very brief excerpt, but if you plan to use even just a few pages, you should obtain copyright permission.

If it is fair use, you may copy the article for your class or scan it and post it on Canvas. Be sure to include a complete citation and a copyright notice.

If it would not be fair use, then you have several options for obtaining copyright permission or otherwise honoring the law. Go to Step 3.

There may obviously be ambiguous cases that fall into a gray area in terms of the length or number of articles used. It is better to err on the side of caution and seek permission in these cases. If the course is in progress and it is too late to obtain Copyright Permission then you may choose to use the article once, but if you use it again in future courses you must get permission then. Go to Step 3.

Special Circumstances:

If an article appeared before 1923, it is in the public domain and can be used without infringing on copyright
Most government publications are part of the public domain and can be used without infringing on copyright

3. Getting Copyright Permission

If copying or scanning an article would not be fair use, then you have several options:

  • Obtain Copyright Permission
  • Ask the Campus Store to create a coursepack (they will obtain copyright permission)
  • Put the original on library reserve rather than copying it
  • Use a short excerpt instead of the whole article
  • Or, of course, you can choose to use a different article instead

If you would like to make a chapter or excerpt from a book available to your class, follow these steps:

1. Check to see if the library has the book 

You can use the Library Catalog to determine which print and electronic books are available through the library.

2. Determine if copying or scanning the chapter or excerpt would be fair use

Using an excerpt from a scholarly book in a class already meets two of the four criteria for fair use.  There are two other factors that must be considered:  How long is the excerpt?  Would this use complement or compete with sales of the original?  (Note that literary works such as fiction, drama, and poetry have a higher degree of copyright protection than scholarly writing.  For those cases see Literary Works.)

  • If the library owns a copy of the book, then copying or scanning up to one chapter is fair use, as long as this is a small fraction (i.e., less than 10%) of the book as a whole.
  • If you own a copy of the book but the library does not, then copying or scanning a small excerpt of a few pages one time is fair use.  If you plan to use it again, you should ask the library to order either the electronic or print version of the book.
  • If neither you nor the library owns a copy of the book, then copying or scanning even a small amount may not be fair use.  You should either order the book for the library before you use it or get copyright permission.
  • If it is fair use, you may copy the chapter or excerpt for your class or scan it and post it on Canvas.  Be sure to include a complete citation and a copyright notice.

If you wish to use more of a book than is permissible under fair use, then you have several options for obtaining copyright permission or otherwise honoring the law.  Go to Step 3.

If the situation is ambiguous, it is best to err on the side of caution and treat it as a no.

Special Circumstances:

  • If the book was written before 1923, it is in the public domain and can be used without infringing on copyright
  • Most government publications are part of the public domain and can be used without infringing on copyright

3. Getting Copyright Permission

If you wish to use more of a book than is permissible under fair use, then you have several options:

  • If the work is available as an electronic book, ask the library to order an electronic version (you can provide links from Canvas or a course website, or students can access it through the library website)
  • Have students purchase copies of the book through the Campus Store or elsewhere
  • Obtain Copyright Permission which may allow you to copy or scan up to 25% of the book
  • Ask the Campus Store to excerpt the book in a coursepack (they will obtain copyright permission)
  • Put the book on library reserve rather than copying it.  (You may put library books or personal copies on reserve, but not interlibrary loans.)
  • Or, of course, you can choose to use a shorter excerpt or a different book instead

Reproduction of works that are meant to be written in or “consumed’ as they are used, such as lab manuals, work books, etc., can never be copied under fair use.  If you wish to use part of a consumable work for a class, you must obtain Copyright Permission.

Literary works such as fiction, drama, and poetry have a higher degree of copyright protection than scholarly or journalistic works. Scholarly or journalistic works are generally intended to be realistic representation of facts, and facts cannot be copyrighted. A literary work is a more wholly imaginative creation, and is thus more fully the property of the creator. Reproduction of a literary work is therefore more likely to require copyright permission.

If you would like to copy or scan a literary work for your class, follow these steps:

1.  Find out when the work was written

If the work was written before 1923, it is in the public domain and can be used on an unlimited basis without infringing on copyright. Shakespeare, Dante, Austen, and Twain are no longer collecting royalities on their works! If the work was written after 1923, proceed to Step 2.

2.  Check to see if the library has the work

You can use the Library Catalog to determine which print and electronic books are available through the library. For help finding specific plays, poems, or short stories, contact a reference librarian.

3. Determine if copying or scanning the work would be fair use

Using an excerpt from a literary work in a class meets one of the four criteria for fair use (purpose) but fails to meet another (the nature of the work). There are two other factors that must be considered: How long is the work?  Would this use complement or compete with sales of the original?

If the library owns a copy of the work, then copying or scanning a short work or an excerpt of a work may be fair use.  Publishers’ guidelines are not legally binding but may be used as a rule of thumb for an acceptable amount:
(i) Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words.
(ii) Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

Not more than one short poem, article, story, essay or two excerpts should be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
Copying should not be used to create or to replace or substitute for anthologies, compilations or collective works. If an appropriate anthology or collective work exists which would address the content of course students should be required to purchase it.

If you own a copy of the work but the library does not, then copying or scanning a few pages one time may be fair use.  If you plan to use it again, you should order the work for the library.

If neither you nor the library owns a copy of the work, then copying or scanning even a small amount may not be fair use. You should order the work for the library before you use it or get copyright permission.

If it is fair use, you may copy the work or excerpt for your class or scan it and post it on Canvas. Be sure to include a complete citation and a copyright notice.

If you wish to use more of a work than is permissible under fair use, or to use multiple works by the same author, then you have several options for obtaining copyright permission or otherwise honoring the law. Go to Step 4.

If the situation is ambiguous, it is best to err on the side of caution and treat it as a no.

4. Getting Copyright Permission

You have several options for honoring copyright of literary works:

  • Have students purchase copies of the work through the Campus Store or elsewhere. The Campus Store can also help you identify anthologies or collected works with content appropriate for your courses.
  • Obtain Copyright Permission which can allow you to copy or scan longer works or multiple works by the same author
  • Ask the Campus Store to include the work in a coursepack (they will obtain copyright permission)
  • Put the work on library reserve rather than copying it.  (You may put library books or personal copies on reserve, but not interlibrary loans.)
  • You can use a short enough excerpt to qualify for fair use as above.
  • Or, of course, you can choose to use a different work instead