Before students, faculty or staff use any copyrighted material, they should make their best efforts to ensure that their use falls into one of the following categories:
1. The material is in the public domain or has been licensed for open use. This includes items that have passed into the public domain due to age, items that have been placed in the public domain by their creators, items that do not qualify for copyright protection, or items that have been released under a Creative Commons license that allows for the proposed use.
2. For online course content only: The use of material meets the requirements of the TEACH Act.
3. The use of the material qualifies as Fair Use. The Copyright Usage Guidelines are intended to aid in determining whether or not a use qualifies as Fair Use. In general, all uses deemed to be Fair Use must also adhere to the following guidelines:
**Use should be clearly related to a class learning objective, and only as much of a work should be used as is needed to meet that objective.
**Any material given to students that contains material copied under Fiar Use should contain the following disclaimer:
Note: The following contains copyrighted material that have been copied under fair use provisions. Any further copying or use may not qualify as fair use and may be a violation of copyright law resulting in criminal or civil penalties.
4. Permission for the use is given or bought from the copyright holder. For advice on how best to obtain permission, visit the Securing Copyright Permissions page.
The Guidelines are organized by the type of proposed used (e.g. multimedia presentation, copies for class, etc). Within each type, specific guidelines related to portion, time and accessibility are divided into the following categories:
Safest Use: Although Fair Use is not clearly defined by law, Congress and several independent groups have attempted to create conservative "safe harbor" guidelines for Fair Use. The guidelines in this category represent an aggregation of these recommendations, and faculty, staff and students may feel reasonably safe that if their use falls within this category it is allowed under the Fair Use defense.
Dangerous Use: These are uses that are unlikely to be considered Fair Use and are unlikely to be legally defensible for either the individual or the University. Uses that fall in this category are strongly discouraged by the University.