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Copyright Guide

Your guide to copyright and fair use

Copyright Resources

A Framework for Analyzing any U.S. Copyright Problem

One of the most difficult issues for educators, when faced with a copyright problem, is simply knowing where to begin -- which parts of the legal rules and doctrines apply to the specific problem?

To deal with this uncertainty, answer the following five questions, in the order they are presented. They are simple questions, but they are not easy to answer; by working through them in order, it is possible to identify which of the parts of copyright law apply to the specific problem or fact pattern that you need to address.


The five questions that form this framework for copyright analysis are:
1. Is the work protected by copyright?
2. Is there a specific exemption in copyright law that covers my use?
3. Is there a license that covers my use?
4. Is my use covered by fair use?
5. Do I need permission from the copyright owner for my use?
 

This section Copyright 2014 Kevin Smith and Lisa Macklin; this work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

The following four factors are used to determine if a use is fair:

  1. The purpose of the use. Is it educational? Commercial?
  2. The nature of the copyrighted work
  3. The amount of the material used (the greater the amount copied, the less likely it is fair use)
  4. The effect of use on the potential market for or value of the work

Music

Music copyright includes multiple rights -- copyright of composition and performance copyright.

Online Video

Images

Three Helpful Questions for Transformative Use:

1. Does the new work add something new to the original work?

2. Does the new work have a further purpose or different character than the original?

3. Does the new work alter the original work with new expression, meaning or, message?

Copyright for Educators and Librarians: Kevin Smith, MLS, JD; Lisa A. Macklin, MLS, JD; Anne Gilliland MLS, JD