Copyright Primer
Fair Use Checklist
- Fair Use Checklist, provided by Cornell University, based on work by Kenneth Crews, Columbia University
- Use to determine whether you may make copies of works protected by copyright without having to obtain permission of the copyright holder.
The following is taken from: Crews, K.D. (2005). Copyright law for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association.
How long do copyrights last?
- Most new works are protected for the life of the author plus 70 years.
- Current law no longer requires the formalities of notice or registration for copyright protection.
What works are not protected by copyright law?
- Ideas and facts
- Works of the U.S. government
- Works with expired copyright
Who owns the copyright?
- The creator of a new work is the copyright owner.
- Copyrights may be transferred by means of a written document signed by the copyright owner.
- Two or more authors working together may be joint copyright owners.
What are the rights of copyright owners?
- Section 106 of the Copyright Act: copyright owners have the exclusive rights to:
- reproduce the work
- distribute the work
- prepare derivative works
- publicly display the work
- publicly perform the work
What are the exceptions to the rights of copyright owners ?
- Fair use is the most important exception.
- Many other exceptions also exist (library copying, public displays, performances in face-to-face teaching, TEACH Act, among others).
- Congress continues to enact new exceptions, creating new opportunities to use copyrighted works.
What is fair use?
- Section 107 of the Copyright Act: In determing whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:
- the purpose of the use
- the nature of the copyrighted work
- the amount of the work used
- the effect of the use on the potintial market for, or value of, the original work.
- Fair use allows the public to use copyrighted works (uses that otherwise might be infringement), especially for advancing knowledge or to serve some other important social objective.
- It has no definite boudaries, and each case must be evaluated on its own merit.
Principles for working with fair use
- You need to evaluate and apply all four factors, but you do not need to satisfy all of them. Look for balance; overall, do the factors lean in favor of or against fair use.
- Application of fair use depends on the specifics of each situation. If you change the facts, you need to re-evalutate fair use.
- If use is not fair, remember the other statutory exceptions to the rights of owners. You only need to comply with one to make your use lawful.
- If your use is not within any of the exceptions, permission from the copyright owner is an important option.
- Act in good faith.
Online copyright resources
Updated
11-Nov-2008 SWH
