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Fair Use

Checklist for Fair Use
(Medical University of South Carolina (MUSC))
This checklist can be used to evaluate whether your educational use of a copyrighted resource meets the fair use standards in the Copyright Act. The accompanying Introduction provides additional explanation about fair use analysis. Based on the IUPUI Checklist, this checklist is organized into four major sections, reflecting the factors involved in determining fair use. Each section lists indicators that either favor or oppose fair use. Can be printed to retain a record of how faculty arrive at a fair use decision.
Code of Best Practices in Fair Use for Academic and Research Libraries
(Association of Research Libraries)
Good discussion of the copyright doctrine of fair use. Though created by and for academic and research librarians, the article will be informative to a general understanding of this aspect of copyright law. Identifies eight common practices to which the doctrine of fair use can be applied, including supporting teaching and learning via digital technologies, reproducing materials for use by the disabled, maintaining the integrity of works in institutional repositories, and collecting material posted on the Web. You can read this online or download a .pdf.
Code of Best Practices in Fair Use for Media Literacy Education
(Center for Social Media. School of Communication. American University)
"This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use...This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials." You can read the report online or download a ,pdf file. Released Nov 11, 2008. The site includes a brief video about Fair Use and the scope of the Code.
Code of Best Practices in Fair Use for Online Video
(Code of Best Practices Committee. Center for Social Media. American University)
This document was written to help "creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use." The code presents six principles and their limitations. You can download the report in .pdf or read it online. This web page includes links to additional information about copyright and video.
Code of Best Practices in Fair Use for Scholarly Research in Communication
(International Communication Association)
"This document is a code of best practices that helps U.S. communication scholars to interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant. It is a general right that applies even in situations where the law provides no specific authorization for the use in question. This guide identifies four situations that represent the current consensus within the community of communication scholars about acceptable practices for the fair use of copyrighted materials."
Copyright & Fair Use
(Stanford University)
This is an overview done in Q & A form. Sections cover copyright basics, fair use, public domain, permissions, and more. Of special note is a chapter on releases, agreements used to get permission to use someone's name or image, statements made in interviews, resources used for advertising, etc.
Copyright Basics Including Fair Use
(Jennifer Horner, PhD, JD. College of Health Professions, MUSC)
This lecture and FAQ presentation was created in 2003 for faculty in the College of Health Professions. Dr. Horner has given her permission "to use/adapt any of these materials for future MUSC-wide faculty education."
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Copyright Law & Public Domain
(NOLO)
NOLO is a general consumer law Website, created and maintained by lawyers who put legal issues, documents, forms, etc. into plain language. The section on copyright law covers copyrighting your own work, fair use, when to seek permission to use copyrighted works, and licensing your work. Includes information about software, music, and videos. A useful site for students.
Copyright Office free phone service
Have a copyright/fair use question? You can call the US Copyright Office 800 number, push 3 and get a human being copyright expert!
Copyrighted Materials
(Office of the General Counsel. Clemson University)
Copyright information and educational use guidelines from Clemson University. Includes an introductory statement about using copyrighted works for teaching, a section about determining whether a work is copyrighted, and a fairly detailed discussion about the factors used to determine fair use for duplicating copyrighted works for educational purposes. Also includes a sample letter to the copyright holder requesting permission to use parts of their work.
Fair Use Checklist
(Office of the General Counsel. University of Arizona)
The review points on this checklist are written in complete sentences, providing a fuller explanation than other examples of fair use checklists.
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Know Your Copy Rights - What You Can Do
(Association of Research Libraries)
This brochure is designed for teaching faculty and assistants. It "offers tips on when works can be used lawfully in your teaching without requesting permission or incurring additional cost." Topics covered include fair use, advantages of linking to content, and special provisions for displaying or performing works in classes. A helpful chart categorizes types of works and when they can be used. This link takes you to a page where you can download the brochure and the chart.
Streaming of Films for Educational Purposes
(Library Copyright Alliance)
"This paper considers three provisions of the Copyright Act that could permit streaming of this sort: Sections 107, 110(2), and 110(1). While all three provisions may apply, Section 107 fair use is perhaps the strongest justification." Prepared by copyright lawyers and experts.
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Using Copyrighted Works in Your Teaching-- FAQ
(Peggy Hoon, JD)
Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently. This 2-part essay provides answers to basic questions about common copyright questions. The author states, "This FAQ is arranged around a sequence of 6 overarching questions that collectively represent a good-faith analysis for circumstances that are common in teaching at most universities." Part 1 covers traditional classroom settings and part 2 covers use in the online classroom/course management system. This is written in plain language and provides an excellent foundation for understanding.
What You Need to Know About Copyright
(Copyright and Digital Scholarship Center. North Carolina State University Libraries)
Basic information for faculty and students about the application of copyright law in academia. Includes links to further information about educational use, including classroom exceptions, the TEACH Act, fair use, digital and distance education, and more.