The Copyright Law of the United States (Title 17, United States Code) governs the making of photocopies, scanned images or other reproductions of copyrighted material. Under certain conditions specified in the law, a library is authorized to allow photocopying, scanning or other reproduction on the premises. One of these specified conditions is that the photocopy, scanned image or other reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a photocopy, scan image or other reproductions for purposes in excess of “Fair Use,” that user may be liable for copyright infringement. This institution reserves the right to prohibit or restrict copying if, in its judgment, copying would involve violation of copyright law.
Antioch University Copyright page from the Portal:
The information presented here is only general information. Legal advice must be provided in the course of an attorney-client relationship specifically with reference to all the facts of the particular situation under consideration. Such is not the case here, and accordingly, the information presented here must not be relied on as a substitute for obtaining legal advice from a licensed attorney.
What is Fair Use?
A good starting point for issues regarding copyright and fair use can be found at this link from the University of Maryland University College:
Fair use is the most significant limitation on the copyright holder’s exclusive rights (United States Copyright Office, 2010, para. 1). Deciding whether the use of a work is fair IS NOT a science. There are no set guidelines that are universally accepted. Instead, the individual who wants to use a copyrighted work must weigh four factors:
- The purpose and character of the use
- The nature of the copyrighted work
- The amount and substantiality of the portion used
- The effect of use on the potential market for the copyrighted work
And as they summarize:
Keeping in mind the rules for instructors listed above, and that the source(s) of all materials must be cited in order to avoid plagiarism, general examples of limited portions of published materials that might be used in the classroom under fair use for a limited period of time, as discussed by the U.S. Copyright Office (2009, p. 6), include:
- A chapter from a book (never the entire book).
- An article from a periodical or newspaper.
- A short story, essay, or poem. One work is the norm whether it comes from an individual work or an anthology.
- A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
- Copies of a poem of 250 words or less that exists on two pages or less or 250 words from a longer poem.
- Copies of an article, story or essay that are 2,500 words or less or excerpts up to 1,000 words or 10 percent of the total work, whichever is less.
- Copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue (U.S. Copyright Office, 2009, p. 6).
Additionally, be sure that you only make a copy of material for yourself, not your friends or students. Making different copies at different times over the semester is also not allowed under these policies.