Fair Use allows for limited use of copyrighted materials for educational and research purposes. The statute outlines four factors to assess whether access may be considered Fair Use:
1. the purpose and character of your use
2. the nature of the copyrighted work
3. the amount and sustainability of the portion taken, and
4. the effect of the use upon the potential market.
Use the Checklist for Fair Use (provided by ALA - American Library Association) to determine the portion of a scan from a book or from a journal issue qualifies under Fair Use.
Current copyright law (17 U.S.C. §110(1)) provides an exemption to copyright for in-person class instructors to display a media copyrighted material for educational, teaching purposes. Examples of common situations may be as follows:
To qualify for the exemption, the media must be legally obtained.
The 2002 Teach Act is a limited extension of Face to Face exemption for distance education and learning. Access provided by the Teach Act applies strictly to online courses and its registered students.
Overarching requirements of the material must be:
An excellent and easy to use checklist to determine if your media qualifies under the Teach Act is provided by the University of Texas.
Who is responsible for obtaining copyright permission?
Faculty are responsible for obtaining copyright permission for items they request to place on reserve
Will the library provide an interpretation of the copyright laws?
No, we are not lawyers and so we cannot provide an interpretation for another person.
What is Fair Use?
Fair Use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder.
Examples of materials that are okay to use under the fair use doctrine?
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