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UNIVERSITY LIBRARIES

Copyright

Limitations on Copyright

Copyright law grants authors exclusive rights to their creative works. Those rights are granted at the time the work is created in a fixed, tangible form (not just an idea). However, there are some limits to these exclusive rights.

The following exemptions may apply in educational settings:

In addition, copyright law provides colleges and universities with the authority to create accessible copies of copyrighted works through Section 121 (the Chafee Amendment) and Section 107 (Fair Use). For more about copyright and accessibility, read The Law and Accessible Texts: Reconciling civil rights and copyrights. Contact the Office of Accessibility and Disability Services if you have a student who requires accommodations.

Fair Use

Fair use is a legal doctrine that functions as a first amendment safety valve by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 calls for the consideration of four factors in evaluating whether you can claim fair use.

Fair Use Factors:

  1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
  2. Nature of the copyrighted work
  3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. Effect of the use upon the potential market for or value of the copyrighted work

These factors are weighted together in light of the purpose of copyright. Refer to the following resources to determine if a specific example qualifies for fair use.

  • Fair Use Evaluator: Use this tool to better understand how to determine the "fairness" of a use under the U.S. Copyright Code.
  • Is it Fair Use? Six different scenarios provide an overview of fair use on a case-by-case basis.

To learn more, download the Authors Alliance’s Fair Use for Nonfiction Authors, a guide that helps nonfiction authors make confident fair use decisions when incorporating source materials into their writings.

TEACH Act

The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions that meet the TEACH Act's qualifying requirements. Under the TEACH Act:

  1. Instructors may use a wider range of works in distance learning environments
  2. Students may participate in distance learning sessions from virtually any locations
  3. Participants enjoy greater latitude when it comes to storing, copying and digitizing materials

Use this TEACH ACT Checklist to see if it applies to you.