Fair Use by Format

Article

  • Copying for classroom use:  An instructor may copy one article from a periodical and make multiple copies for distribution to the students in a class. (more)  An instructor who wishes to make copies from various sources must do a fair use analysis of each excerpt. (more)
  • Copying for coursepacks:  An instructor may make copies from various sources and distribute them as a print or electronic coursepack if the use of each excerpt complies with fair use. (more)
  • Copying for personal use:  An instructor may make a copy of an article for later use. (more)
  • Posting on the web:  An instructor may post a scanned copy of an article to a restricted Web page (such as an electronic reserves or WorldClassRoom page)
  • Length guidelines for electronic reserves:  An instructor may post a single article from a journal; other exceptions may also be allowed. (more)
  • Retention of items on electronic reserves:  If the first use of an item on electronic reserves meets the fair use guidelines, the item may be used in subsequent semesters for different classes of students.  (more)
  • Online articles and electronic reserves:  Repeat use of materials in databases subscribed to by the library may be allowed when access is not practicable by providing a link or directing students to the materials. (more)
  • Sharing online journal articles:  An instructor who wishes to share articles from a personal online journal subscription should check the terms of the subscription license. (more)
  • Interlibrary loan and online database content:  The library may only fill interlibrary loan requests with online articles if the license terms allow it. (more)


Book

  • Copying for classroom use:  An instructor who wishes to make copies from various sources must do a fair use analysis of each excerpt; for books, copying a chapter from a book generally meets fair use criteria. (more)  Another common guideline for text is up to 10% or 1000 words, whichever is less. (more)
  • Copying for coursepacks:  An instructor may make copies from various sources and distribute them as a print or electronic coursepack if the use of each excerpt complies with fair use. (more)
  • Copying out-of-print books for files:  If a book is no longer in a print, an instructor may make a copy for his/her files. (more)
  • Quoting from published materials:  An instructor may quote copyrighted materials in research if the use can be considered to be for creative, comment, or criticism purposes. (more)
  • Posting on electronic reserves:  An instructor can post a short portion of a book, such as a chapter, to electronic reserves. (more)
  • Placing entire books on electronic reserves:  An instructor may not place an entire book on electronic reserves without obtaining copyright permission from the copyright holder. (more)
  • Retention of items on electronic reserves:  If the first use of an item on electronic reserves meets the fair use guidelines, it may be used in subsequent semesters for different classes of students.  (more)

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CD/Audio Tape

  • Using media in the classroom and in online classes:  An instructor may play portions or all of a CD or audio tape in the classroom.  A teacher may digitize and transmit portions or all of a CD or audio tape to online students as long as it is restricted to students in the class and measures are taken to prevent storage and dissemination of the material after the class session. (more)
  • Playing media in a public setting:  An instructor may play a copyrighted audio recording in a public setting only if public performance rights have been negotiated for the work.  (more)
  • Incorporating copyrighted media into multimedia projects:  An instructor or student who wishes to incorporate an audio recording into a multimedia project as part of a course may copy up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical. (more)
  • Copying media for classroom instruction:  An instructor may not make a copy of a CD or audio tape for a colleague to use in the classroom. (more)
  • Copying media into another format for home use:  Media may not be copied into another format (e.g., LP to CD) for home use. (more)
  • Technical assistance for unauthorized copies of media:  Webster University staff may not provide technical assistance with playing an audio recording if they know or reasonably believe that it was not lawfully made or acquired. (more)


Video/DVD

  • Using media in the classroom and in online classes:  An instructor may show portions or all of a video or DVD in the classroom.  A teacher may digitize and transmit portions or all of a video or DVD to online students as long as it is restricted to students in the class and measures are taken to prevent storage and dissemination of the material after the class session. (more)
  • Showing media in a public setting:  An instructor may play a copyrighted video recording in a public setting only if public performance rights have been negotiated for the video. (more) 
  • Incorporating copyrighted media into multimedia projects:  An instructor or student who wishes to incorporate a video recording into a multimedia project as part of a course may copy up to 10% or 3 minutes, whichever is less. (more)
  • Copying media for classroom instruction:  An instructor may not make a copy of a video recording for a colleague to use in the classroom. (more)
  • Copying media into another format for classroom instruction:  Under certain circumstances, the library may make a copy of a library-owned video in a format that will play on University classroom equipment in Europe or Asia.  (more)
  • Copying media into another format for home use:  Media may not be copied into another format (e.g., VHS to DVD) for home use. (more)
  • Technical assistance for unauthorized copies of media:  Webster University staff may not provide technical assistance with playing a video recording if they know or reasonably believe that it was not lawfully made or acquired. (more)

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Test

  • Using tests in the classroom:  An instructor who wishes to use or show an instructor copy of a test in a class should check the license terms for the test before doing so.  An instructor who wishes to distribute copies of a test in class will also need to check the license terms, but will likely be required to buy as many copies as are needed. (more)


Textbook

The guidelines for using excerpts from textbooks are generally the same as the guidelines for using excerpts from books.

  • Copying and using textbooks in the classroom:   An instructor may not copy and distribute a textbook in class.  An instructor who wishes to show or use an instructor copy of a textbook in a class, or make copies of portions of a textbook, should check the license terms included with the textbook. (more)


Workbook/Consumable

  • Copying and using workbooks in the classroom: An instructor may not copy and distribute a workbook in class.  An instructor who wishes to show or use an instructor copy of a workbook in class, or make copies of portions of a workbook, should check the license terms included with the workbook. (more)

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Electronic/Web Material

  • Sharing electronic subscriptions:  An instructor who has a subscription to an online journal and wishes to forward articles to colleagues should check the subscription license.  Some publishers only allow transfer of hard copies to non-subscribers. (more)
  • Posting online articles on electronic reserves:  Online articles may be posted to electronic reserves for more than one semester if providing access via a link or directions is not practicable. (more)
  • Using web pages:  An instructor or student may incorporate materials found on the Internet into papers, projects, coursepacks, etc., if certain guidelines are followed. Typically, it is fine to link to others' Web sites, but if excerpts from Web pages are used, one must do a fair use analysis of each excerpt. (more)
  • Interlibrary loan requests for articles in the library's online databases:  The library must check license terms before filling an interlibrary loan request for an online article.  Many major database vendors do not allow this. (more)


Broadcast Program

  • Recording and using broadcast programs in the classroom:  Broadcast programs may be recorded and used in the classroom, but strict guidelines must be followed.(more)


Unpublished Material

  • Publishing a collection of unpublished materials:  A professor who wishes to edit and publish a collection of unpublished letters in the library archives should contact the Academic Affairs Office to analyze the fair use implications. (more)


Coursepack

  • Compiling coursepacks:  An instructor who wishes to copy excerpts of documents, including copyrighted text books and journals, from various sources to distribute to his class or on the Web as a coursepack without obtaining copyright permission must do a fair use analysis to determine if preparing a coursepack for students in the class is fair use. (more)

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