NOTE: This segment applies to Fair Use guidelines for educators and librarians. However, some of the guidelines might be applied for personal or non-profit scenarios in much narrower and limited applications.

Over time, many special-interest library groups have developed guiding principles interpreting Fair Use for librarians and educators. It is important to note that these are guidelines and not the actual Fair Use doctrine as codified in the Copyright Law. Since Fair Use is technology neutral, these guiding principles may support a conservative threshold to a Fair Use analysis for educators’ uses of traditional copyrighted works in the classroom or for library course reserves. Utilizing the actual four Fair Use factors of the law as noted on this site may provide more flexibility. Highlights of these conservative guidelines include the following:

1976: Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals @ http://old.cni.org/docs/info.policies/NACS.html

1982: Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use http://library.ucmo.edu/circulation/Model_Policy.pdf, also Model Policy highlights by UNC utilized for library reserve guidelines is found @ http://www.unc.edu/~unclng/ALA-modelpolicy.htm

1991: Basic Books, Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522, 1526 (S.D.N.Y. 1991), course pack copying guidelines are often based upon this famous Kinko’s case. See UT's Copyright Crash Course for more @ http://copyright.lib.utexas.edu/mono1.html   

2005: Campus Guide to Copyright Compliance issued by the Copyright Clearance Center (CCC) @
https://www.copyright.com/Services/copyrightoncampus/intro/index.html

Fair Use or the TEACH Act? That is the question. How might educators and librarians handle instructional audiovisual works such as films and audio clips? Based on cautious guidelines such as those noted below, audiovisual resources posted may require either limited portion use or network streaming access of an entire factual work. Password-restricted access to posted resources for students enrolled in the course may also sway Fair Use in your favor. Password restriction and/or network streaming demonstrate the Fair Use Purpose factor supporting the students of a specific class. The technology of streaming supports copyright protection as streamed resources are not saved to remote computers.[i]

1998: Conference on Fair Use (CONFU) report @ http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf

2010: Statement on the Digital Transmission of Audio Reserves has been created by the Music Library Association (MLA) @
http://copyright.musiclibraryassoc.org/Resources/DigitalReserves

For additional background on these and other related guidelines, see Kenneth Crews' Guidelines site @ http://copyright.columbia.edu/copyright/fair-use/guidelines/

 

 

[i] Sidney Eng, and Flor A. Herandez, “Managing Streaming Video: A New Role for Technical Services,” Library Collections, Acquisitions, & Technical Services 30, no. 3-4 (2006): 214-223.

 

 

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