The following copyright “fair-use” statement and guidelines are from “A
Copyright Sampler” by Wanda Johnston and Derrie Roark (1996):
“Fair-use” allows
an instructor in a nonprofit education institution to duplicate work
without permission from or payment to copyright owners. In order to do
so, four “fair-use” key criteria must be met. The four criteria are:
Purpose and
character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes. How will
the materials be used and by whom?
Nature of
the copyrighted work. What is the format of the work? Print?
Television programming? Music? Software? Each format has different
allowable uses before permission from the copyright holder is
required.
Amount and
substantiality of the portion used in relation to the copyrighted
work as a whole. How much of the work will be used? How important is
the section? Permission from the copyright holder may have to be
requested depending upon the answers.
Effect of
the use upon the potential market for or value of the copyrighted
work. Will the intended use cause the copyright holder to lose sales?
Instructors may
place the original, library-owned, or personal copies of a work on
reserve for as long as necessary, but a photocopy of the same work or
excerpt of the work must adhere to the following guidelines:
The material
includes a copyright notice on the first page of the portion
photocopied;
The number of
copies should be in proportion to the number of students using the
material, and the number of other courses that may assign the same
material;
The effect of
photocopying the material should not be detrimental to the market
for the work;
Consumable
materials, such as workbooks, cannot be copied or put on reserve, as
that would be detrimental to the market for the work.
Photocopies
of printed material may be put on reserve for one semester unless
purchased through an authorized document delivery service, which
provides for payment of copyright fees. See the
Copyright Clearing Center
for information on the payment of
copyright fees.
