FAQs

*Please read these important basic principles before going on to more specific sections.

Copyright

1. What is copyright?
2. Does my article (or dissertation or paper) have to be registered with the U. S. Copyright Office to be protected?

Public Domain

1. What is public domain?

Fair Use

1. What is fair use?
2. What are fair use guidelines?
3. Are the fair use "rules" the same for print & electronic version?
4. If an article is on the web and the library has a license, do I have to follow the fair use rules?
5. Are the fair use guidelines for newspaper articles the same as for journal articles?
6. How many drawings, illustrations, or graphs can be copied (digitally or in hard copy) for students in a class and still remain within the fair use criteria? Does it matter if I put them in a manual, pass them out in class, or just use them in a lecture?
7. May an instructor make copies of slides checked out from the library?

Permission

1. When do I need to get permission to use copyrighted material?
2. Whom should I contact to obtain copyright permission or license to use materials?
3. If I don't know or remember the source, do I need permission?

Intellectual Property Rights

1. If I've given the copyright of my material to the publisher, what are my rights to use it?
2. Does Tufts claim ownership of faculty-copyrighted material?
3. What if I want to use previous student's papers as examples, are these papers copyrighted?
4. Can I use a draft copy of a paper or faculty class notes?

Library Print Reserves

1. May a professor assemble an anthology or coursepack of materials for purchase by students or to put on reserve?
2. Can I put the same photocopy on reserve more than one semester? If the semesters are not successive can I repeat the use?

Online Course Materials

1. Can I scan an article from a magazine or newspaper, save it as a PDF document and post it on my course web site, which is password protected and restricted to students registered for my class?
2. Can I cut-and-paste the contents of an online news report, save it as a Word document and post it on my course web site, which is password protected and restricted to students registered for my class?
3. I want to link to an article that is in one of the Tufts licensed databases. Do I need to ask permission?
4. I put a link from my lecture to a colleague's lecture (slide/graph/animation/etc.). Do I need to ask for permission to make the link? If not, should I notify the colleague just to let him know?
5. I want to use a graph, slide, image, animation, etc., in my lecture except this time I want to put a link to it, or put the course material itself, in my course online database or course web page. Do I ask for permission? Is this fair use?
6. A professor wants to post copyrighted images, such as slides for an art history course, or scanned photographs from a book, on the web, with access restricted by password to students taking the class. Would this be fair use?
7. I want to use material created at Tufts by a colleague who has since left the University. Who owns this? Whom do I ask for permission to use it?
8. If I'm using online course software (such as TUSK or Blackboard) for my class and limiting access to registered students, are the fair use guidelines any different from print fair use?
9. Can I scan a chapter from an out-of-print book, save it as a PDF document, and post it as supplemental reading material on my course web site, which is password protected and restricted to students registered for my class?
10. Can I videotape a half-hour segment from my TV, digitize that recording, and post it on my course web site, which is password protected and restricted to students registered for my class?
11. Can I digitize a 10-minute scene (via a rented videotape) from a movie and post it on my course web site, which is password protected and restricted to students registered for my class?
12. Can I create a Word document, which contains an entire poem (published in a variety of works), and post that Word document on my course web site, which is password protected and restricted to students registered for my class?
13. I have identified a particular website that has an impressive design and layout. Can I copy some of the site's creative web pages in Adobe Acrobat as an example of quality design and post it as a PDF file on my course web site which is password protected and restricted to students registered for my Web Design class?

Linking

1. I want to put a link to an article that is on someones else's website. Do I need to ask permission? Should I notify the owner of the website?
2. I want to link to an article that is in one of the Tufts licensed databases. Do I need to ask permission?

Music

1. When is permission not necessary to use copyrighted material?
2. What should I not do?
3. What if there's not time to ask?
4. Can I make copies of copyrighted music first and then ask permission?
5. What if I can't find the owner of a copyrighted song? Can I go ahead and copy it without permission?
6. As a soloist, is it permissible for me to make a photocopy of a copyrighted work for my accompanist?
7. What kinds of works can be protected by copyright?
8. Do musical compositions (and other writings) have to be registered with the U.S. Copyright Office to be protected?

Film

1. May I purchase or rent a film from the local video store and use it in my class?
2. Is it permissible to make a copy of a rental video in order to use it again later?
3. Can a college-owned video be copied for reserves?
4. Can a videotape be made of a film that is out of print and deteriorating rapidly?
5. May a professor use the school auditorium to show a videocassette to 4 classes studying the same work?
6. May several students who missed the classroom performance of a videotape view the tape at some other time in the school library?
7. A videotape becomes jammed in a playback unit and is partially ruined. May the library make a copy on a new tape?
8. How many off-air recordings of broadcast programs may be used in the classroom?
9. How many copies of off-air recordings of broadcast programs can I make?
10. Is the retention guideline different for PBS programs than for other television programs?

Guidelines for the Classsroom

1. I would like information regarding copying, distributing and using works for classroom use.
2. Is it okay to distribute to my class an occasional magazine or newspaper article that I have come across? If I see an article in the morning paper and wish to circulate and discuss it, do I need to get permission to copy and distribute?
3. If I make a recording of a piece from NPR to use in a class, must I obtain copyright permission to use it each semester?
4. I would like to use an out of text print for my classes. How can I obtain copies for my entire class to use/purchase?
5. To avoid having to obtain permission to copy materials that would ordinarily be interpreted as an "anthology" (e.g., course pack), a faculty member/department chooses to keep only one copy of all the assigned readings in a faculty or departmental office. The students are instructed to get these copies from the office and photocopy their own sets for their "private" use. How legitimate is this?
6. What can I do if course material has been ordered for a class but is late in arriving at the bookstore?

Copyright

1. What is copyright?

Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection, nor is the well-known symbol of the encircled "c". Section 106 of the Copyright Act (90 Stat 2541) generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:


• Reproduce copies of the work.
• Prepare derivative works based on the copyrighted work.
• Distribute copies of the work by sale, rental, lease, or lending.
• Publicly perform the work (if it is a literary, musical, dramatic, or choreographic work or a pantomime, motion picture or audiovisual work).
• Publicly display the work (if it is a literary, musical, dramatic, choreographic, sculptural, graphic, or pictorial work -- including the individual images of a film -- or a pantomime).
The copyright owner retains these rights even when the work itself belongs to someone else. However, the rights are not absolute. They are subject to both "fair use" limitations, which apply to all media, and medium-specific limitations. In addition, some works are in the public domain and are not subject to copyright limitations.
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2. Does my article (or dissertation or paper) have to be registered with the U. S. Copyright Office to be protected?

Original works created after January 1, 1978, are protected by copyright from the moment they are fixed in a tangible medium of expression. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Registration establishes a public record of the copyright claim and, for works of U. S. origin, it is required before an infringement suit may be filed in court.
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Public Domain

1. What is public domain?

Works that are considered in the "public domain" may be used (i.e., copied) freely. In addition, there are some scholarly publications such as journal articles that include a note offering to users the right to copy for "educational purposes."

The following categories of publications are generally considered to be in the public domain; that is, their use is not protected by copyright law:


• works where the creator has expressly disclaimed a copyright interest;
  
• works created by the federal government, for example, data files from the 1990 Census; and
  
• works created and published, as a rule of thumb, about a century ago (see below for duration guidelines).

The Sonny Bono Copyright Term Extension Act, signed into law on October 27, 1998, amends the provisions concerning duration of copyright protection. Effective immediately, the terms of copyright are generally extended for an additional 20 years. Specific provisions are as follows:

• For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first;
• For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047;
• For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured.

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Fair Use

1. What is fair use?

The doctrine of fair use, embedded in Section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by mitigating the rights of copyright ownership. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, consider the following four factors [from What Educators Should Know About Copyright, by Virginia M. Helm; Bloomington, IN, Phi Delta Kappa Educational Foundation, 1986]:


• The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. This factor at first seems reassuring; but unfortunately for educators, several courts have held that absence of financial gain is insufficient for a finding of fair use.
• The nature of the copyrighted work, with special consideration given to the distinction between a creative work and an informational work. For example, photocopies made of a newspaper or newsmagazine column are more likely to be considered a fair use than copies made of a musical score or a short story. Duplication of material originally developed for classroom consumption is less likely to be a fair use than is the duplication of materials prepared for public consumption. For example, a teacher who photocopies a workbook page or a textbook chapter is depriving the copyright owner of profits more directly than if copying one page from the daily paper.
• The amount, substantiality, or portion used in relation to the copyrighted work as a whole. This factor requires consideration of 1) the proportion of the larger work that is copied and used, and 2) the significance of the copied portion.
• The effect of the use on the potential market of the copyrighted work. This factor is regarded as the most critical one in determining fair use, and it serves as the basic principle from which the other three factors are derived and to which they are related. If the reproduction of a copyrighted work reduces the potential market and sales and, therefore, the potential profits of the copyright owner, that use is unlikely to be found a fair use.
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2. What are fair use guidelines?

In an effort to interpret the standards for fair use set forth in the copyright law, groups of publishers, authors, educators, organizations and associations have developed guidelines for dealing with specific types of material. Although some of these guidelines are widely accepted and referred to, and some are not, none of them have the force of law. There may be instances in which copying does not fall within the stated guidelines yet may be permitted under the criteria of fair use. The following guidelines are included here for informational purposes only.

• Guidelines for Classroom Copying of Books and Periodicals
• Guidelines for Fair Use of Educational Multimedia
• Guidelines for Educational Uses of Music
• Guidelines for Off-Air Recordings of Broadcast Programming for Educational Purposes
• Guidelines on Photocopying under Interlibrary Loan Agreements, from the National Commission on New Technological Uses of Copyright Works (CONTU)
• Conference on Fair Use (CONFU)
  Guidelines for Distance Learning, Electronic Reserves, Interlibrary Loan, Image Collections and Software were discussed but not finalized or agreed upon. They are included here for information only.
• U.S.Copyright Office Report on Distance Education (PDF File)
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3. Are the fair use "rules" the same for print & electronic version?

The fair use provision does not distinguish among media. It applies equally to all media. Nevertheless, publishers are considerably more concerned about abuse of fair use in the electronic environment because of the ease of electronic duplication and distribution.

All works on the web are protected by copyright just as print works would be, from the moment of their fixation in a tangible medium of expression. Thus, a user would need permission from the author to republish a work.
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4. If an article is on the web and the library has a license, do I have to follow the fair use rules?

The libraries have negotiated database contracts that allow faculty to link to licensed journals on their course pages if the course pages are password protected and open only to authorized Tufts students, staff and faculty.
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5. Are the fair use guidelines for newspaper articles the same as for journal articles?

Yes. See Guidelines for Classroom Copying of Books and Periodicals
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6. How many drawings, illustrations, or graphs can be copied (digitally or in hard copy) for students in a class and still remain within the fair use criteria? Does it matter if I put them in a manual, pass them out in class, or just use them in a lecture?

This would be determined by looking at the fair use factors. No specific numbers can be given. Since this is a nonprofit educational use, the most important question is whether the drawings or illustrations are all from the same published work, or from different works. The fewer items you include from one work, the better. If the illustrations do not constitute a substantial portion of the work as a whole and do not affect the market for or value of the copyrighted work, this may be fair use. You may want to consult the Guidelines for Classroom Copying of Books and Periodicals which many consider to be "safe harbor" guidelines. These would allow passing out one copy to each student in a face-to-face classroom situation, on a one-time basis (not each semester). To determine fair use, one must consider all of the following four factors:

1. the purpose and character of the use;
2. the nature of the copyrighted work;
3. the amount, substantiality, or portion used; and
4. the effect of the use on the potential market
If you decide that copying the material falls within the criteria for fair use, your reprint should include any copyright notice contained in the original, as well as appropriate citations to the original source. If fair use does not apply, permission is needed. The fair use analysis would be the same for print or digital formats. See Question 1 in the Online Course Materials section for a detailed sample analysis.
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7. May an instructor make copies of slides checked out from the library?

The instructor should obtain permission from the copyright holder. The fair use of slides is somewhat narrower than the fair use of scholarly articles because several factors in the fair use analysis weigh against fair use when considering images. Slides are more creative and artistic than factual; they are entire works rather than parts of works. Thus, two of the first three factors weigh against fair use. The fourth factor will also weigh against fair use when the slides are readily available from a commercial source, as so many are.
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Permission

1. When do I need to get permission to use copyrighted material?

If a work is in the public domain, then permission for copying is not necessary. If a work is not in the public domain, then you must either seek permission for copying, or make a determination that the doctrine of fair use applies. If you decide the fair use doctrine cannot be invoked, or have any doubt about fair use, then seek permission from the copyright owner before engaging in any of the exclusive rights that belong to that owner.

Copyright law sets forth rights in both foreign unpublished and published works. Copyright was restored to many foreign works that were previously in the public domain in 1996 under the GATT and NAFTA international trade treaties.
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2. Whom should I contact to obtain copyright permission or license to use materials?

Click here for a sample permission request letter.
Click here for permission request letter template in Word format or in plain text format. (top)

3. If I don't know or remember the source, do I need permission?

Yes, if you do not remember the source, you must make every effort to track it down. If you cannot do so, you cannot use the material. It is always a good idea to keep a record of the source of all your material.
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Intellectual Property Rights

1. If I've given the copyright of my material to the publisher, what are my rights to use it?

Unless you have reserved the right to use the work in your contract with the publisher, or have received permission from the publisher you may use only that amount that falls within fair use.

This is why it is critical to retain as many rights to your creative output as possible when you negotiate with a publisher. You can modify any contract to ensure your right to use your work as you see fit.
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2. Does Tufts claim ownership of faculty-copyrighted material?

The Tufts University Policy on Rights and Responsibilities with Respect to Intellectual Property states that "the tradition of academic institutions is to give faculty members the right to retain ownership of their copyrightable products…" However, creators will be expected to grant non-exclusive, royalty-free, perpetual licenses to the University for copyrightable material that is developed for University courses or curriculum, so that the University's continued use of such material for educational purposes would not be jeopardized. The University will assert ownership rights to copyrightable intellectual property developed under any of the following circumstances:

1. Development was funded as part of an externally sponsored research program under an agreement that allocates rights to the University.
2. A faculty member was assigned, directed, or specifically funded by the University to develop the material, and the University has negotiated an understanding or formal contract with the creator.
3. Material was developed by administrators or other non-faculty employees in the course of employment duties and constitutes work for hire under US law.
4. The material was developed with extraordinary or substantially more use of University resources than would normally be provided for the creator's employment duties. This might occur as disproportionate use of staff time, networks, equipment, or direct funding.
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3. What if I want to use previous student's papers as examples, are these papers copyrighted?

Yes, all authors, regardless of their age, own copyright in their works from the moment of fixation in a tangible medium of expression. Thus, you must obtain their permission to use their works unless the use would be a fair use.
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4. Can I use a draft copy of a paper or faculty class notes?

Copyright arises the moment the original expression of the author becomes fixed in a tangible medium. Therefore faculty class notes, drafts of papers, etc, are copyrighted the moment they are written, even though the © may not be present. Thus, you must obtain permission to use the work unless the use would be a fair use.
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Library Print Reserves

1. May a professor assemble an anthology or coursepack of materials for purchase by students or to put on reserve?

The court decisions in Michigan Document Services, Inc. v. Princeton Univ. Press and Basic Books, Inc. v. Kinko's Graphics Corp. have called the practice of compiling coursepacks into question. These cases involved commercial companies copying and compiling selected sections of works at the request of professors for their students without paying royalties. It is always acceptable and legal to create coursepacks when the copyright owners have granted permission. It is not necessarily permissible to assemble the same coursepacks without permission. Fair use is often found in cases where the material was copied for educational use. But in the above cases, fair use was called into question because commercial companies stood to benefit from the production of these coursepacks. The coursepacks were perceived as substitutes for textbooks, which reduce the potential market for copyrighted publications. Most articles or chapters in a course packet, including photocopied music excerpts, will require permission. There may be instances in which the material included falls in the public domain, or meets the fair use criteria. In those instances, permission is not required. Each item in the packet also must include a notice of copyright (e.g., "Copyright 1990 by Academic Books, Inc.") even if the material falls within the fair use provisions, but not if the material falls within the public domain. Individuals who purchase course packets should not be charged in excess of cost.
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2. Can I put the same photocopy on reserve more than one semester? If the semesters are not successive can I repeat the use?

Copying for the library reserve is governed by Section 107 of the copyright law, the fair use doctrine. A reserve of a photocopied article is permissible, and in many instances this will be covered under the fair use doctrine. However, if the article is placed on reserve for more than one semester, then permission of the copyright holder must be sought. The Classroom Guidelines specify that "Copying shall not be repeated with respect to the same item by the same teacher from term to term". This presumes the ability of the teacher to obtain the necessary permission for copying the materials in the time frame following the first instance of copying. The principle that seems to underlie the idea that reserve is only fair use for a while is that if you know you are going to need the work repeatedly, semester after semester, or over an extended period of time even if you plan to skip a semester, you have sufficient time to ask for permission.
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Online Course Materials

1. Can I scan an article from a magazine or newspaper, save it as a PDF document and post it on my course web site, which is password protected and restricted to students registered for my class?

Weigh the four factors to determine if the balance tips in favor of fair use.

• PURPOSE: As long at the article relates directly to the subject matter of the course, and in this instance it certainly appears to, the purpose can be easily defended as educational and therefore weighing in favor of fair use. However let's say hypothetically you decided to charge for access to this information, the purpose would then begin to shift toward the commercial side. Even if you can defend this action in terms of recouping your costs, keep in mind that any commercial gain weighs strongly against fair use.
• NATURE: Look closely at the nature of the work. This factor asks you to gauge whether the work is pure fact or highly creative? Most works, will be a mixture of the two. Use your best judgment. Which side does it lean towards? The fact side (favoring fair use) or the creative side (against fair use)? The article is likely to be an equal hybrid of the two sides, meaning that the factor will neither aid nor detract in making your final decision.
• AMOUNT: The third factor asks you to look at the amount used. Using a whole work tends to weigh against fair use. For example, reproducing a whole book or an entire magazine would clearly not be a case of fair use. But what about artwork, poems, or articles that often constitute 'whole works' in themselves? This complicates matters. Questions to ask yourself for this factor: Are you using only that portion which is absolutely essential to your instruction? Is it really necessary to reproduce the article, poem, etc. in its entirety? If you are using artwork from a book, does it represent a small portion of the total art in the book? If you are using photographs by the same artist, how many are you using? Most e-reserves allow for one full journal article, book chapter, and/or a few graphs to be posted per course per semester with relatively little controversy. In this particular instance one article would probably not exceed the amount restrictions for fair use.
• EFFECT: The last, and arguably, most important factor to consider is effect. By posting the article on a password protected website and removing the material upon the conclusion of the course, you are strengthening your ability to support a claim of fair use. All these protective measures lessen the potential of your use negatively affecting the magazine's market. If the article is relatively old, this may seem like a 'no-brainer'. However, even though you will obviously not affect sales of the magazine itself, there may be future markets of the work such as a release in digital format (CD-Rom) or as a reprint in a book of collected essays. You are responsible for the effect your use will have on both the current market and any potential future market as well. Also, if you use materials from a textbook on your website as a replacement for students buying the book, this can be viewed as a negative effect on a market. Password restrictions, watermarked images, using thumbnail images, and time limitations are all examples of the ways in which you can help offset negative effects to a market.

SUMMARY AND CONCLUSION: The purpose of the article is strongly educational, its nature is a mixture of fact and fiction, the length/portion is within an acceptable amount, and considerable steps have been taken to protect its original and future markets. After considering these issues, it would be reasonable to conclude that the use of the article is fair use.

If you decide that reprinting an article falls within the criteria for "fair use", your reprint should include any copyright notice contained in the original, as well as appropriate citations to the original source.

See the suggested draft Amendment to Publication Agreement.


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2. Can I cut-and-paste the contents of an online news report, save it as a Word document and post it on my course web site, which is password protected and restricted to students registered for my class?

The analysis for this question would be similar to the first question but with one key difference. If the article is easily accessible from the Web, reproducing it again is gratuitous and would weigh against its fair use. It is always advisable to link whenever possible, rather than reproducing material outright.
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3. I want to link to an article that is in one of the Tufts licensed databases. Do I need to ask permission?

Tufts' licenses for all our electronic journals and databases include the right to use links to the article, so publisher permissions are not required. For simple instructions how to do a link, please see www.library.tufts.edu/tisch/ra/blackboardindex.htm
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4. I put a link from my lecture to a colleague's lecture (slide/graph/animation/etc.). Do I need to ask for permission to make the link? If not, should I notify the colleague just to let him know?

You do not need to ask for permission because linking is almost always considered not to be infringing. The few times when courts have suggested that it might be infringing involve either known infringing material at the linked-to site or unfair competition. Although it is not illegal to link, it is always courteous to ask.
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5. I want to use a graph, slide, image, animation, etc., in my lecture except this time I want to put a link to it, or put the course material itself, in my course online database or course web page. Do I ask for permission? Is this fair use?

As in the question above, linking would usually not require permission. However, if you are reproducing material from the web (instead of providing a link) and including it in your material you will have to answer the question of whether it falls under fair use. If it does not meet the fair use test, you must seek permission.
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6. A professor wants to post copyrighted images, such as slides for an art history course, or scanned photographs from a book, on the web, with access restricted by password to students taking the class. Would this be fair use?

You would need to go through the four-factor fair use analysis to decide. (see Question 1 above) Images may be considered complete works, so the third factor in the analysis "the amount, substantiality, or portion used", weighs against fair use. The effect of the use may be minimized by restricted access, and posting the images as low-resolution files or thumbnail images. If a professor wants to create a permanent electronic archive for a class, he or she should seek permission from the copyright holders.
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7. I want to use material created at Tufts by a colleague who has since left the University. Who owns this? Whom do I ask for permission to use it?

Except under the specific circumstances described in the Tufts University Policy on Rights and Responsibilities with Respect to Intellectual Property, the colleague would normally own the copyright to the work that he or she created at Tufts. Unless the material is covered under the fair use exception described above, one would need to locate him or her and obtain written permission to use the work. If the author is deceased, his or her estate or heirs may now own the copyright, in which case a request for permission to use the material should be directed to the estate executor or heir who now has ownership. See the permission section.
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8. If I'm using online course software (such as TUSK or Blackboard) for my class and limiting access to registered students, are the fair use guidelines any different from print fair use?

Provided you review the four fair use factors and access is limited to students in the class, you can follow the same rules as print. It is important to remember that fair use is not meant to cover repeated indefinite use, so you should get permission if you will use the material repeatedly.
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9. Can I scan a chapter from an out-of-print book, save it as a PDF document, and post it as supplemental reading material on my course web site, which is password protected and restricted to students registered for my class?

Yes, if your fair use analysis yields an affirmative answer. The fact that it is out-of-print is immaterial. It does not affect the fair use factors.

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10. Can I videotape a half-hour segment from my TV, digitize that recording, and post it on my course web site, which is password protected and restricted to students registered for my class?

No, 30 minutes may be too large a portion of the program to fall within the scope of fair use on an electronic course reserve. Video and film are under extremely tight protection with regards to electronic transmission. (see the next question)
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11. Can I digitize a 10-minute scene (via a rented videotape) from a movie and post it on my course web site, which is password protected and restricted to students registered for my class?
 

No. Although the purpose is certainly educational, that alone is unfortunately not enough to make this a case of fair use. Nature: The nature of the work is a highly creative. Amount: 10 minutes may represent a significant portion relative to the total work. Effect: The material is under tight protection by the motion picture industry. Most guidelines (considered a safe harbor, although not actually part of the law) specifically restrict digital film clips to allow the streaming of 3 minutes of film or less. Fair Use Guidelines for Educational Multimedia
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12. Can I create a Word document, which contains an entire poem (published in a variety of works), and post that Word document on my course web site, which is password protected and restricted to students registered for my class?

Is this is a small portion of the total reading assigned in the class? Does the poem consist of less than 250 words? If yes, you are in the clear. If it is a longer poem, you may run into some "amount" issues and may need to use only portions. In general, posting one poem for a course reserve is not a problem. You can further enhance your claim to fair use by adding analysis and commentary to accompany the poem.
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13. I have identified a particular website that has an impressive design and layout. Can I copy some of the site's creative web pages in Adobe Acrobat as an example of quality design and post it as a PDF file on my course web site which is password protected and restricted to students registered for my Web Design class?
 

In this situation we recommend linking to the site rather than copying. Whenever there is an easy way to access material and avoid copying, you should always opt for the alternative to copying. The fact that you can access the material without reproducing it affects fair use.
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Linking

1. I want to put a link to an article that is on someones else's website. Do I need to ask permission? Should I notify the owner of the website?

No, because linking is almost always considered to be not infringing. The few times when courts have suggested that it might be infringing involve either known infringing material at the linked-to site or unfair competition.

Although it is not illegal to link, it is always courteous to ask.
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2. I want to link to an article that is in one of the Tufts licensed databases. Do I need to ask permission?

Tufts' licenses for all our electronic journals and databases include the right to use links to the article, so publisher permissions are not required. For simple instructions how to do a link, please see http://www.library.tufts.edu/tisch/ra/linking.htm
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Music

1. When is permission not necessary to use copyrighted material?

Is permission required to perform a copyright-protected work in public?


• The need for a performance license is determined by a number of factors. Section 106(4) grants the copyright owner the exclusive right to perform "literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works" in public. Mere ownership of a printed score or a sound recording does not convey the right to perform that work in public.

However, some exceptions to Section 106(4) do exist. In order to accommodate educational and other non-profit uses of music, Section 110 includes ten lengthy limitations to the performing right as defined in Section 106(4). The exemptions most relevant to music libraries and their patrons are:


• Instructional performances. Section 110(1) provides an exemption to use any work in face-to-face instruction in "a classroom or similar place devoted to instruction." The performance must be by "instructors or pupils" in a nonprofit educational institution. Guest lecturers qualify, but outside performers do not.
• Instructional broadcasts. Section 110(2) provides an exemption for instructional broadcasting of non-dramatic works only. The performance must be "a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution" and it must be "directly related and of material assistance to the teaching content" of the program. Section 114(b) deals specifically with public broadcasting of sound recordings: "The exclusive rights of the owner of copyright in a sound recording under clauses (1), (2), and (3) or Section 106 do not apply to sound recordings included in educational television and radio programs (as defined in section 397 of title 47) distributed or transmitted by or through public broadcasting entities (as defined by Section 118(g)): Provided, That copies or phonorecords of said programs are not commercially distributed by or through public broadcasting entities to the general public."
• Religious performances. Section 110(3) makes exempt "performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature . . . in the course of services at a place of worship or other religious assembly." This exemption does not include broadcasts.
• Certain Other Nonprofit Performances. Section 110(4) exempts the performance of a nondramatic literary or musical work (excluding broadcasts) "without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers" if there is no direct or indirect admission charge, or if the proceeds after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance.

What you can do without having secured prior permission?


• Emergency copying to replace purchased copies that for any reason are not available for an imminent performance, provided purchased replacement copies shall be substituted in due course.
• For academic purposes other than performance, multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement, or aria but in no case more than 10% of the whole work. The number of copies shall not exceed one copy per pupil.
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2. What should I not do?

The following are expressly prohibited:

• Copying to avoid purchase
• Copying music for any kind of performance (note emergency exception below)
• Copying without including copyright notice
• Copying to create anthologies or compilations
• Reproducing material designed to be consumable such as workbooks, standardized tests and answer sheets
• Charging students beyond the actual cost involved in making copies as permitted
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3. What if there's not time to ask?

That makes no difference. Think of copyrighted music as a piece of property, and you'll be on the right track. Plan ahead.
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4. Can I make copies of copyrighted music first and then ask permission?

No. Permission must be secured prior to any duplication
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5. What if I can't find the owner of a copyrighted song? Can I go ahead and copy it without permission?

No. You must have the permission of the copyright owner. Check the copyright notice on the work, and/or check with the publisher of the collection in which the work appears. Once you have this information, write to the copyright owner.
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6. As a soloist, is it permissible for me to make a photocopy of a copyrighted work for my accompanist?

No. Permission for duplication, for any purpose whatsoever, must be secured from the copyright owner
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7. What kinds of works can be protected by copyright?

Any work of authorship detailed in Section 102, including musical works and accompanying words, that is both "original" and "fixed in tangible form" is eligible for copyright protection. "Original" means that the composer claiming the copyright actually wrote the music or that the performer actually performed the music captured on a sound recording. To be "fixed in any tangible medium" means that the composition must be notated in some form, or recorded.
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8. Do musical compositions (and other writings) have to be registered with the U.S. Copyright Office to be protected?

Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Registration establishes a public record of the copyright claim and, for works of U. S. origin, it is required before an infringement suit may be filed in court.

Do musical compositions (and other writings) have to be registered with the U.S. Copyright Office to be protected?


• The answer to this question depends on when the work was created and what copyright statute was in force at the time. For works created after January 1, 1978, the answer is no (see Section 408(a)). Original works created on or after January 1, 1978 by a composer (or musician in the case of recordings) are protected by copyright from the moment they are fixed in a tangible form -- in other words, as soon as the pencil lifts from the paper or the sound is captured on a recording device (see Section 302(a)).
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Film

1. May I purchase or rent a film from the local video store and use it in my class?

Tapes from a video store are labeled "Home Use Only", indicating a licensing agreement with the copyright holder. Nevertheless, use of such tapes is considered "fair use" in a face-to-face teaching situation. Tapes marked "Home Use Only" may also be placed on reserve and viewed in the video lab if they are used strictly for instructional purposes and not entertainment.
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2. Is it permissible to make a copy of a rental video in order to use it again later?

No. That would infringe on the rights licensed to the rental agency. (Absent reasonable return for service, rental agencies cannot survive.)
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3. Can a college-owned video be copied for reserves?

Not unless permission for the copying has been obtained from the copyright owner.
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4. Can a videotape be made of a film that is out of print and deteriorating rapidly?

Although the film is out of print, permission of the copyright owner is nonetheless required.
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5. May a professor use the school auditorium to show a videocassette to 4 classes studying the same work?

Yes, as long as the auditorium is actually used as a classroom for systematic instructional activities.
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6. May several students who missed the classroom performance of a videotape view the tape at some other time in the school library?

Yes, the classroom exception applies if the library is actually used for systematic instructional activities. Most school libraries probably meet this requirement. If not, this performance may be a fair use if the performance is in a private place in the library.
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7. A videotape becomes jammed in a playback unit and is partially ruined. May the library make a copy on a new tape?

If the library has been unable after a reasonable effort to secure an unused replacement at a reasonable cost, Sec. 108(c) allows duplication of the tape for replacement purposes.
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8. How many off-air recordings of broadcast programs may be used in the classroom?

Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period. "School days" are school session days -- not counting weekends, holidays, vacations, examination periods, and other scheduled interruptions -- within the forty-five (45) calendar day retention period. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes (i.e., to determine whether or not to include the broadcast program in the teaching curriculum) and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
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9. How many copies of off-air recordings of broadcast programs can I make?

A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
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10. Is the retention guideline different for PBS programs than for other television programs?

Call the local PBS station about extended retention rights for specific programs.
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Guidelines for the Classsroom

1. I would like information regarding copying, distributing and using works for classroom use.

You can find this information in the U.S.Copyright Office's Circular 21 and FL 102.
http://www.loc.gov/copyright/circs/circ21.pdf
The guidelines with respect to books and periodicals can be found on page 7 and continue through page 8. The guidelines with respect to Music can be found on page 9.
http://www.copyright.gov/fls/fl102.pdf
Page 1 of Fact Sheet FL102 answers a query regarding Fair Use.
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2. Is it okay to distribute to my class an occasional magazine or newspaper article that I have come across? If I see an article in the morning paper and wish to circulate and discuss it, do I need to get permission to copy and distribute?

Distributing an occasional article in class is in most instances a fair use, and permission would not be required.
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3. If I make a recording of a piece from NPR to use in a class, must I obtain copyright permission to use it each semester?

Yes, you should obtain permission. Given the ready availability of NPR audio recordings for sale shortly after transmission, fair use recording should probably be limited to spontaneous, non-systematic recording for immediate, one-time use, the need for which cannot be otherwise accommodated. The guidelines for off-air recordings of broadcast television programs are very specific regarding how many times the recording can be played and how long after broadcast, but they do not cover radio programs. Considering the four fair use factors, the only factor weighing in your favor is the educational use; you are recording the whole piece, it is creative in its content and it has direct commercial impact on the market for their downloadable audio and purchased audio tapes.
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4. I use an out of print text for my classes. How can I obtain copies for my entire class to use/purchase?

First, contact the copyright holder (see inside front page of the text) to see if permission may be obtained. If the publisher has no plans to republish, the copyright may have been transferred back to the author. In that case, the author should be contacted. If reasonable efforts to contact the copyright holder fail, then copies may be made for use in the classroom.
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5. To avoid having to obtain permission to copy materials that would ordinarily be interpreted as an "anthology" (e.g., course pack), a faculty member/department chooses to keep only one copy of all the assigned readings in a faculty or departmental office. The students are instructed to get these copies from the office and photocopy their own sets for their "private" use. How legitimate is this?

The central problem here is one of fair use and good faith. The passing of the task to the students what the faculty member may not do without permission is suspect and lacks considerable good faith.
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6. What can I do if course material has been ordered for a class but is late in arriving at the bookstore?

In this instance, it would probably be a fair use to copy selected excerpts from the work in question so that the class can have the material while waiting for the bookstore copies. There is good faith present in that the text is on order.
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The following Universities and Organizations have generously granted permission to use some of their Questions and Answers in this FAQ.
Catholic University of America
University of Michigan
University of Texas
Wellesley College
Music Publishers' Association Of The United States
Music Library Association
Penn State
Coalition for Networked Information

 

 

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