Fair Use – Copyright Guidelines

Posted on December 21st, 2009, by Meggin McIntosh, Ph.D.

One of my Life of E’s members sent in this question for today’s Email Extravaganza:

When I teach, I often want to use supplemental material (or even need to because the text I use doesn’t cover something). What guidelines must I follow to ensure I’m not violating copyright? If it’s just a section of a text, can I copy it and hand it out? If it’s an article from the library can I copy it and hand it out? Must I get written permission from the publisher or is there ever an “intellectual merit – sharing knowledge for the greater good” domain? I feel like I teach my students not to plagiarize, but am afraid I am probably guilty of doing it myself . . .

Here’s my response:

Oh, my goodness. This is a VERY good question and smart to ask.

I noodled around on the internet looking for some good answers and this site seems to spell it out well:

http://www.umuc.edu/library/copy.shtml

For example:

When is Permission Required?

• When you intend to use the materials for commercial purposes.

• When you want to use the materials repeatedly.

• When you want to use a work in its entirety and it is longer than 2,500 words.

I know when I was a faculty member, I could put something in the library on reserve for students to read but only for one semester. And if it was in a course packet (like a whole article that was included), I needed to get permission. There is a copyright clearinghouse that most journals have gone to so it’s easy and usually I never had to pay anything. The only time I had to pay was if I was copying a chapter from a book and then that was about $50 – I think I had to do that once. I think this is the service (I remember it was CCC: http://www.copyright.com/)

Fair use is a big term in copyright law. And teachers, in particular, have assumed that fair use meant they could do anything almost…and that got some people into trouble.

When you find a good article in the newspaper and copy it because it’s current and you bring that in, you’re fine (citing the source, etc.). If it’s a segment from someone else’s book, you may need to look into it further.

We all need to be smart about this, especially when we are teaching and trying to model it for our students!!