Chapter13: The problem of Copyright and Fair Use

Copyright Law and Fair Use

This guide addresses issues concerning the use of copyrighted material in an academic setting. Guidelines for protecting works created by faculty and students are available from the library. A separate Web site about copyright and fair use provides extensive additional information, including surveys of primary materials, links to other Internet sites, and an overview of copyright law. Specific advice may be provided by the campus Office of Technology Licensing or the Stanford Legal Office.

What is a copyright?

A copyright is the set of exclusive legal rights authors have over their works for a limited period of time. These rights include copying the works (including parts of the works), making derivative works, distributing the works, and performing the works (this means showing a movie or playing an audio recording, as well as performing a dramatic work). Currently, the author's rights begin when a work is created. A work does not have to bear a copyright notice or be registered to be copyrighted.

Why do we have copyright?

The Constitution of the United States says that its purpose is to promote science and the useful arts. The government believed that those who create an original expression in any medium need protection for their work so they can receive appropriate compensation for their intellectual effort.

What is a work in the public domain?

A work in the public domain can be copied freely by anyone. Such works include those of the U.S. Government and works for which the copyright has expired. Generally, for works created after 1978, the copyright lasts for 70 years beyond the life of the author. Works created before but not published before 1978 have special rules. For works created and first published between 1950 and 1978 the copyright lasts for 95 years. For works created and first published before 1950, the copyright lasts for 28 years but could have been renewed for another 67 years. When planning a project, start by identifying works in the public domain which can be re-purposed in the new work. Request permissions for materials not in the public domain early in the project. If there are images or sounds for which permission to copy cannot be obtained, it is easier to redesign the project at the beginning rather waiting until the project nears completion.

What is fair use?

Fair use provisions of the copyright law allow for limited copying or distribution of published works without the author's permission in some cases. Examples of fair use of copyrighted materials include quotation of excerpts in a review or critique, or copying of a small part of a work by a teacher or student to illustrate a lesson.

How can I tell if my copying is allowed by fair use provisions of the Law?

There are no explicit, predefined, legal specifications of how much and when one can copy, but there are guidelines for fair use. Each case of copying must be evaluated according to four factors:

1. The purpose and nature of the use. If the copy is used for teaching at a non-profit institution, distributed without charge, and made by a teacher or students acting individually, then the copy is more likely to be considered as fair use. In addition, an interpretation of fair use is more likely if the copy was made spontaneously, for temporary use, not as part of an "anthology" and not as an institutional requirement or suggestion.
   
   
2. The nature of the copyrighted work. For example, an article from a newspaper would be considered differently than a workbook made for instruction. With multimedia material there are different standards and permissions for different media: a digitized photo from a National Geographic, a video clip from Jaws, and an audio selection from Peter Gabriel's CD would be treated differently--the selections are not treated as a equivalent chunks of digital data.
   
   
3. The nature and substantiality of the material used. In general, when other criteria are met, the copying of extracts that are "not substantial in length" when compared to the whole of which they are part may be considered fair use.
   
   
4. The effect of use on the potential market for or value of the work. In general, a work that supplants the normal market is considered an infringement, but a work does not have to have an effect on the market to be an infringement.

How can a work reference the copyright owner of digital photographs, video, or sounds?

Include the copyright symbol and the name of the copyright owner directly on/under/around the digital material. It is virtually impossible to ensure that digital information located at any distance from the image/video would be seen by a user if the copyright notice is not directly attached to the material.

If the material is only used once for a class or a project, does the copyright owner need to be acknowledged?

Images, graphics and video should be credited to their owners/sources just as written material. Also, if you should change your mind and want to use material for commercial purposes, then it is important that you would know where and when you found the material and who is the copyright owner.

Can I download information to my computer?

Digital resources are licensed for the non-profit educational use of Stanford University. Use of these resources is governed by copyright law and individual license agreements. Systematic downloading, distributing, or retaining substantial portions of information is prohibited.