Copyright Basics for Faculty

Fair Use does not equal a "free pass."

Fair Use allows the use of portions of copyrighted creative work in educational settings without first obtaining permission for the purpose of criticism, comment, news reporting, teaching, scholarship, and research.

Answer these four questions to see if fair use applies:

1. What is the purpose of the work? Teaching, scholarship and research favor fair use.
2. What is the nature of the work? Factual or nonfiction works favor fair use; highly creative works, i.e. art, music, film, oppose fair use.
3. How much of the work will you use? A small or insignificant amount favors fair use.
4. What effect does the use have on the market for the original? One time copying favors fair use.

Copying by instructors must meet the tests of brevity and spontaneity. Brevity refers to how much of a work you can copy. Some practitioners claim that 10% of a work is acceptable, but there is no set percentage that is legally considered an acceptable amount to copy for fair use. All uses should be evaluated individually. Spontaneity refers to how many times you can copy. Frequently an instructor may use a work for one semester within a fair use context. Using a work repeatedly, semester after semester, in not spontaneous and no longer falls within fair use.

Check out these sites which provide real-life scenarios involving copyright uses in the classroom:

• Four Factors Exploration - from the University of Minnesota Libraries
• Columbia Fair Use Checklist - from Columbia University Libraries
• Using Course Management Systems & Copyright - from Rutgers University Libraries