Circular 21: Reproduction of Copyrighted Works by Educators and Librarians (United States Copyright Office)
Copyright is a protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. Protection is available to both published and unpublished works.
U.S. copyright law grants copyright holders, such as publishers, writers and other types of creators, the exclusive right to reproduce, perform, distribute, translate and publicly display their original works. Unless your situation meets an exception outlined in the Copyright Act, you must get explicit permission from the copyright holder before you can lawfully re-use the work in any of the following ways:
The Copyright Act contains specific exceptions for the use of copyright-protected materials by academic institutions, and allow certain exceptions to educators and libraries. These provisions include:
Fair-use Statute Section 107 lists the following factors to be evaluated in determining whether a particular use of a copyrighted work is a permitted fair use:
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; Nonprofit and educational setting use is more likely to be considered fair use than in commercial or for-profit setting. However, be aware that not all educational uses are considered fair use.
(2) the nature of the copyrighted work to be used. Reproduction of factual or statistical materials is more likely to fall under fair use than collections of of highly creative, original works, including artwork, poetry or musical compositions. Reproduction of previously published works is more likely to fall under fair use than reproduction of previously unpublished works
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole. Reproducing smaller portions of a work is more likely to be fair use than reproducing large or essential portions
(4) the effect of the use upon the potential market for or value of the copyrighted work. What effect would this use have on the market for the original or for permissions if the use were widespread?