Common Scenarios
Books
Scenario: I have an out-of-print book published in 1885 and I want to make multiple copies of the entire book for my students for one of my classes.
Answer: Because the book predates 1929, the author’s and/or publisher’s copyright protection has expired, so you can make copies of the book for your class.
Scenario: I have an out-of-print book published in 1965 and I want to make multiple copies of the entire book for my students. I may or may not be using this same book next Fall Semester.
Answer: Even though the book is out-of-print, it does not mean the book’s copyright protection has expired. The law still requires you seek copyright clearance.
Scenario: I have an out-of-print book published in 1965 and I want to make multiple copies of the entire book for my students. I have attempted to seek copyright clearance using the Copy Center. Over eight weeks have now passed and neither author nor publisher will respond to requests for copyright use. Can I copy the book for my class?
Answer: The copyright law requires that copyright holders have a reasonable mechanism for providing copyright clearance in order to maintain their copyright standing. Since you have made reasonable attempts to seek copyright clearance, you have demonstrated that no reasonable mechanism exists and can make copies for your class. (As a rule of thumb, if you use the Copy Center to seek clearance, and over nine weeks have passed, you have met the criteria necessary to demonstrate no reasonable copyright mechanism exists.) Should you choose to use this book in future semesters, you would need to again make reasonable attempts to seek copyright clearance.
Short Stories
Scenario: I want to use a short story in my course dating from the 1800’s. I found a copy of the story in an anthology published three years ago. Do I need to seek copyright clearance?
Answer: Most likely you will need to seek copyright clearance. While the copyright on the original story has expired, most anthologies add footnotes, endnotes, and other analysis to the short stories. This “new content” is copyrighted and you will need to seek copyright clearance because of this.
Scenario: I had an author as a guest lecturer in my class. After class I asked the author if I could reprint some of her short stories in my course packet. She said it was okay with her. Do I still need to seek copyright clearance?
Answer: The author may not be the copyright holder to the short stories. In most cases the author assigns his or her rights to the publisher. Therefore the author may not be able to give you the right to reprint the short stories. In the event the author does retain the rights, you would need to get a signed and dated letter giving you permission to use the short stories. A copy of that letter would need to be kept on file.
Articles
Scenario: I want to make multiple copies of an article from a periodical and distribute it to my class. Do I need to seek copyright clearance?
Answer: It depends. If you are only using it one semester and it is less than 2500 words, you may fairly use the article without seeking copyright clearance. On the other hand, if you plan on using this during multiple semesters, or if it is over 2,500 words, then you do need to seek copyright clearance.
Scenario: I want to make copies of an article for a conference presentation. Do I need to seek copyright clearance?
Answer: If you are receiving payment or gratuity for presenting, if the conference was a “for-profit” event or had a “for-profit” sponsor, or if the article fails any of the tests on the Copyright Checklist, you will need to seek copyright clearance. On the other hand, if the conference was sponsored by an educational institution, was related to teaching and learning, involved no profit, involved no speaker fee (other than per-diem), and met all the tests in the Copyright Checklist including the one-time spontaneous use, you do not need to seek copyright clearance.
Scenario: I want to make a copy of an article from a copyrighted periodical for my files to use later. Is this fair use?
Answer: Yes, this is fair use as the article is for your personal files and reference.
Course Packets and Study Guides
Scenario: I am making a study guide to go with a textbook my students will be using this semester. In the study guide I will be citing specific quotes and tables from the textbook. The total amount of quotes will exceed 2500 words. The students will be purchasing both the textbook and study guide from the bookstore. Do I need to seek copyright clearance?
Answer: Copyright law exists to ensure a copyright holder fairly benefits from their creative endeavor. Since the students will be purchasing a textbook, the copyright holder is not unfairly denied benefit for their work, nor is the marketplace being negatively impacted. Additionally, the study guide is using the work in a transformational way. Assuming the study guide had no other copyright material and it was sold for no more than the fair cost of reproduction and distribution, no additional copyright clearance would be needed for the study guide.
As a counterpoint, if the study guide were sold in lieu of the textbook, or you, as author, were to financially benefit from the sale of the study guide, then copyright clearance must be sought.
Scenario: I want to make copies of ten articles and 20 stories that I use for one of my classes. Do I need to seek copyright clearance for these stories and articles?
Answer: With few exceptions, short stories always need copyright clearance. (Fair use exceptions to the copyright law include pre-1929 short stories and articles/short stories of less than 2,500 words.) If you plan on using the articles and stories for more than one semester, no matter how long they are, you must always seek copyright clearance.
In this particular scenario, the best solution would be to either create a course packet which can be sold through the bookstore or to create an on-line Blackboard course. From within a Blackboard course, you can link to an on-line database the University currently licenses or to an on-line electronic book (eBook).
Scenario: I am making a course packet with excerpts from various copyrighted books and articles. Do I need to seek copyright clearance for these excerpts?
Answer: To answer this question, you need to go through an analysis based upon the copyright checklist for each of the excerpts used in your course packet. If each of the excerpts passes the fair use analysis, then you do not need to seek copyright clearance provided that the course packets are sold for no more than the fair cost of production and delivery.
You will need to seek copyright clearance for any excerpts that fails fair use analysis, and remember, if you plan on using the excerpt for more than one semester, copyright clearance always needs to be sought.
Online Scenarios
Scenario: I have a print article I want to scan into my Blackboard site. Do I need to seek copyright clearance?
Answer: You may need to seek copyright clearance for the article. If the article is greater than 2500 words or you will be using the article more than one semester, you will need to seek copyright clearance. You may want to explore alternative methods of posting the article which do not require copyright clearance, such as linking to the article through one of the on-line databases the University currently licenses.
Scenario: I have been posting my class notes on my web page (contained on one of the University’s web servers). I would like to scan a copyrighted journal and post it with my comments and notes for my student’s use. Is this fair use?
Answer: It depends. If access to the web site is restricted to only student access (such as through BlackBoard), then it may be fair use provided that it meets the other criteria of the Copyright Checklist (such as one-time use and under 2500 words). If access is not limited, then the copyright holder could clearly argue their rights to fair compensation were violated.
In such a scenario, you should either always make sure copyright material is put behind a restricted access site (such as BlackBoard) or you should link to the article use one of the on-line databases the University currently licenses.
Scenario: I want to create an on-line course packet. Is this fair use?
Answer: To determine fair use, you need to do a fair-use analysis by completing the copyright checklist for each piece of copyrighted material you use in your on-line course packet.
Scenario: I want to put my classroom presentation on-line, including the PowerPoint slides containing copyrighted pictures. Is this fair use?
Answer: It depends. If this was a one-time presentation and you were restricting access to just your students (by placing it in a BlackBoard course), it would be fair use. On the other hand, if access was not restricted, or you were using the pictures for multiple courses, then you would need to seek copyright clearance.
Scenario: I want to put a copyrighted video tape on-line so my students can view it at a later time. Is this fair use?
Answer: In general, streaming copyright video is not allowed. Beyond this issue is the legal question regarding the underlying technology of video streaming. Currently Acacia Research Corporation has asserted that it owns the patents on the underlying technology common to all video streaming technology, and is asking for a royalty fee from all organizations and person streaming video (including Universities). For this and other reasons, Hamline University does not currently own a video streaming server.
Several departments within the University have contracted with outside providers to temporarily house video streaming projects. (This is a temporary solution until the Acacia law suit and other issues are resolved.) Outside providers typically have their own policies regarding the use and distribution of video streams that may be more restrictive than the University’s policies.
Departments and person intent on using video streams should review both appropriate copyright laws surrounding video streaming as well as the policies of their video streaming provider.
Video/DVD
Scenario: I want to show a copyrighted motion picture in my class for instructional use. Is this fair use?
Answer: Yes, it is fair use to show the movie since you are not charging admission fees and using it for classroom instruction. (Tuition and course fees do not constitute admission fees.)
Scenario: My student organization wants to raise funds by showing a motion picture on which the copyright has expired and charging admission fees. May I do so?
Answer: Yes. Once the copyright of a motion picture has expired, the motion picture moves into public domain.
Scenario: My student organization wants to raise funds by showing a copyrighted motion picture and charging admission fees. May I do so?
Answer: No, since the motion picture is copyrighted, the presentation would deny the copyright owner’s right to benefit from their work.
Classroom Presentations
Scenario: I want to give a presentation in my class that displays copyrighted photographs and art work. Is this fair use?
Answer: Yes, faculty and students can fairly use copyrighted materials for classroom presentations.
Scenario: I want to tape a classroom presentation for later use. In the classroom presentation, copyrighted material will be shown. Is this fair use?
Answer: It would be fair use provided the use of the viewing of the tape is limited to educational use.
