Copyright is held for a limited time so that copyrighted works do, in time, come into the public domain. Title 17 of the United States Code, the United States Copyright Act, also places limitations on the exclusive rights to copyrighted material during the time the material is covered by copyright. One important limitation is commonly known as the Fair Use Exemption in the Copyright Act.
The fair use exemption states that fair use is the use of a copyrighted work, including such use by reproduction in copies or phonorecords . . . . for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.
To determine this, you must consider these four factors:
You are responsible for obtaining copyright permission for any use of materials that does not comply with the fair use exemption, or any other exemption provided by the Copyright Act. Recognizing when you will need to obtain copyright permission often depends on the nature of the material being used and the length of time you will be making the copyrighted material available.
For example, the fair use exemption does not allow for the reproduction of large portions of a work or for making it available for a long period of time, because this can affect the sale of the work (the third and fourth factors of the fair use exemption).
When you copy print materials, please be sure to include all source information. For your convenience, you may use the standardized Print Source Cover Page from the Brooklyn College Library and Academic Information Technologies as a cover page.
When you duplicate/present material electronically, you will be instructed by the software you are using to include appropriate copyright notice and citation information. The copyright notice will be embedded into the document/presentation produced.
You may want to use the Copyright Consideror, an online tool that will help you get the job done, or follow these steps:
When possible, link to resource URLs in library subscription databases instead of making copies of the works.
Please add the EZProxy URL to any article link for off-campus access. The EZProxy prefix is https://login.ez-proxy.brooklyn.cuny.edu/login?url=
Thus the link to Academic Search Premier would look like this: https://login.ez-proxy.brooklyn.cuny.edu/login?url=http://search.ebscohost.com/login.aspx?authtype=ip,uid&profile=ehost&defaultdb=aph
The following material is free to use and does not require copyright clearance.
The following materials require copyright clearance.
This Statement on the Fair Use of Images for Teaching, Research, and Study describes six uses of copyrighted still images that the Visual Resources Association (www.vraweb.org) believes fall within the U.S. doctrine of fair use.
The following six uses are:
1. Use of images for teaching purposes.
2. Use of images (both large, high-resolution images and thumbnails) on password protected course websites and in other online study materials restricted to students and faculty at Brooklyn College.
3. Adaptation of images for teaching and classroom work by students.
4. Sharing images among educational and cultural institutions to facilitate teaching and study.
5. Reproduction of images in theses and dissertation
6. Preservation (storing images for repeated use in a teaching context and transferring images to new formats.
For fair use of images as well as use of images for other purposes, please consult the Digital Image Rights Computator http://www.vraweb.org/resources/ipr/dirc/
Created by the Visual Resources Association, this interactive program guides you through a series of questions addressing five variables:
1. The copyright status of the underlying work represented in the image.
2. The copyright status of the photographic reproduction.
3. The specific source from which you have obtained the image under consideration.
5. The intended use(s) of the image.
Questions? Please contact Professor Miriam Deutch, email@example.com. 718.951.5221.
Please visit the Music Library Association for guidelines of special interest for those working with music and media.
Fair Use is interpreted more narrowly in the publishing community than it is in the classroom. Publishers provide copyright guideline for their authors that you may consult. Here is a useful chart for determining what works can be used in your publications without requiring permission: http://copyright.cornell.edu/resources/publicdomain.cfm