Copyright and Fair Use

Copyright refers to laws created to protect the rights of individuals to their materials, for a specified period of time, so that they may obtain commercial benefit from the works and have control over how their works are used. These laws originated in the Constitution of the United States, but have been modified and expanded with subsequent legislation.

Most intellectual works are copyrighted from the moment they are created into a fixed form. There need be no notice or registration of copyright. Legal proceedings are being brought against those who use information and/or products without permission.  Because copying information, graphics, software, music, movies, or photographs is so easily accomplished, it is important for faculty, staff, and students at Sacramento State to become aware of what usages are allowed for education so that responsible choices can be made.

Fair Use guidelines, the TEACH Act, and the DMCA provide for reasonable access to works for the purpose of furthering knowledge. Links to these and other resources are provided here to introduce and further educate the Sacramento State community about copyright.

Educational Permissions

The reprinting of materials for coursepacks is not considered fair use. Services such as the Copyright Clearance Center (CCC) and XanEdu can prepare coursepacks for you and obtain the necessary permissions. Fees vary depending upon the cost of copyright permission, copying, binding, and processing fees. Students bear the cost of the coursepacks – the average cost can range from $5.00 to $25.00.

Coursepacks

• The Hornet Bookstore offers XanEdu™ CoursePacks.
• Copyright Clearance Center [https://www.copyright.com]

Resources

• The Copyright Management Center at Indiana University-Purdue University provides a step-by-step guide to obtaining permissions.
  [http://www.copyright.iupui.edu/permsec.htm]
• Sample coursepack permission request and agreement forms are available at
  [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-a.html]

Important Information

• Sacramento State Library's Copyright Resources
  Here you'll find an extensive list of resources to help you learn about copyrights and to determine who owns copyrighted material created at the University.

• The TEACH Toolkit [NC State]
  This easy-to-use site will help you better understand copyright and fair use as it applies to distance education.

• Copyright Management Center: Indiana University-Purdue University - Indianapolis [iupui.edu]
  The IUPUI site provides Fair Use guidelines for photocopying, allowed uses of music, video tapes and software, electronic reserves, distance learning, and multimedia in higher education. Information on seeking permissions to use copyrighted materials and explanations on copyright ownership are included.

• Fair Use of Copyrighted Materials [The University of Texas System]
  The University of Texas System site on fair use is an excellent place to start. Learn about individual liability, off-site copy shops and guidelines for multimedia/music/research. Click on the Four-Factor Test that outlines a “safe harbor” within which to make choices about using others’ materials.

The Law

• The Digital Millennium Copyright Act (DMCA) [U.S. Government]
  The 1998 act implements WIPO Geneva treaties. Among the DMCA’s provisions are limitations on liability for (university) service providers, allowances for works or performances to be transmitted through distance education courses, prevention of the utilization of circumventing measures to access copyrighted works, and a requirement of member countries to provide copyright protection for works from other countries.

• Fair Use [U.S. Government]
  United States Copyright Office Web site – Fair Use is established in U.S. Code, Title 17, Section 107: “…the fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” Four factors shall be considered in determining if a use is “fair.”

• The TEACH Act [American Library Association]
  The Technology, Education and Copyright Harmonization Act (TEACH Act), signed into law in November 2002, allows copyright-protected materials to be digitized and used in distance education providing specific requirements are met. Apply the Checklist for Compliance with the TEACH Act [iupui.edu] to materials being considered for use.

• The United States Copyright Office summary document [U.S. Copyright Office]
  A twelve-page PDF summary of copyright basics explaining what copyright is, who can claim it, what works are protected and more.

Additional Resources

• Copyright Clearance Center, Inc. [copyright.com]
  A service that does the work of seeking permissions to reproduce copyrighted content of journal articles, photocopies, book chapters, library reserves, and coursepacks in both print and digital media.

• Copyright Law & Graduate Research [ProQuest]
  An online manual, written by Kenneth Crews of IUPUI, addressing the issue of copyright from an educator and graduate researcher point of view. The Preface contains an understandable explanation of the complicated issues involved in copyright.
  

last reviewed: April 3, 2008