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Copyright Guide

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CONTACT Copyright can be complicated, and the laws are changing and being debated all the time. The information presented here is intended to provide some guidance on practice but it should not be considered the last word. Any questions about a particular issue should be directed to: Office of the University Counsel Phone: 687-6457 Deborah Cook Head of Access Services, Lauinger Library Phone: 687-7644 Dahlgren Memorial Library Phone: 687-1448 GU Copyright Information http://www.georgetown.edu/ home/copyright.html

WHY WORRY ABOUT COPYRIGHT?

The explosion of the electronic information environment has brought about greater access to copyrighted materials in teaching and research. With these changes comes a heightened concern of copyright issues and their relationship to the work of academic institutions.

The Copyright Act of 1976 gives authors (including artists, composers and other creators of intellectual works) the right to control, within certain limits, how their works are published, distributed, and sold, and the correlative right to be paid for the use of their work.

The law balances the author's rights against the public interest to promote creativity, scholarship, and invention.

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WHAT IS FAIR USE?

Using copyright materials begins with "fair use." The fair use doctrine, Section 107 of the Copyright Act of 1976, attempts to balance the needs of researchers with those of copyright owners; it allows for certain uses of copyrighted works without permission or payment for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.

There is no clear definition of fair use, and the interpretation of how much use constitutes fair use is a matter of much debate. However, Congress provides four factors to consider in determining whether a particular instance might be considered fair use:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational use

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the market for or value of the copyrighted work

The dynamics of the fair use doctrine involve weighing the various, and typically competing, interests. Unfortunately, these interests have ambiguous boundaries, cannot be measured with any precision, and overlap with one another. It should be no surprise, therefore, that fair use is thought to be the most troublesome aspect of copyright law. In the end, only a court of law can determine how much use is fair use.

If you have questions about the application or interpretation of "fair use," please contact the Office of the University Counsel at (202) 687-6457.

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HOW DO THESE RULES AFFECT MY TEACHING?

"Fair use" considerations must be applied to most areas of teaching and research.  Of course, it is always a good idea to obtain copyright permissions when you can.

Why worry about copyright?
What is Fair Use?
How do these rules affect my teaching?
How do I request copyright permission?
What do I do if I'm using multimedia in classroom activities?
What do I do if I'm using digital resources in online learning?
Copyright Resources

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This site was produced by the partnership of CNDLS, Georgetown University Library & UIS
Georgetown University. September 2004