Copyright protects a creator’s rights to distribute and reproduce works they have created.
What is NOT covered by copyright?
Image: "Copyright" by Arthur Shlain from the Noun Project-CCBY
USU has an Academic License for the Copyright Clearance Center (CCC). Searching the CCC from the LRC’s website for the title of the journal or book you wish to use content from will tell you if the University's license grants you permission to use the resource, and under what conditions use is approved. Often, however, this license only extends to products shared with faculty, staff, and students of USU.
This page was created by USU ETI and LRC in consultation with External Affairs and OGC.
Fair use is an exception specifically incorporated into copyright law that allows one-time limited use of copyrighted material for specific purposes. If you are planning to use something more than once (either in two different presentations, or one presentation for two different events), you need to get permission from the copyright holder.
When determining whether a person's use of copyrighted material falls under the Fair Use exception, courts consider four factors:
The checklist below is provided as a tool to assist you when undertaking a fair use analysis. The four factors listed in the Copyright Statute are only guidelines for making a determination as to whether a use is fair.
There is no magic formula to the application of the four factors. It is possible that even if three of the factors would tend to favor a fair use finding, the fourth factor may be the most important one in that particular case, leading to a conclusion that the use may not be considered fair.
Usually it is safe to assume that if you plan on using the item more than once, fair use does NOT apply.
The Checklist below and this introduction are licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews (formerly of Columbia University) and Dwayne K. Buttler (University of Louisville).
Preparing for a course lecture, a conference or other public presentation? Consult the table below to determine if the following actions can be considered Fair Use in specific situations:
Type of Use
|Event NOT Recorded (Video or Audio)||Event Recorded (Video or Audio)||Materials Posted on: Webpage/site, LMS, etc.||Materials Shared via Handouts, Journal, Proceedings, email, etc.|
|One Time Use - In-Person Conference / Teaching||Yes||No||No||No|
|One Time Use - Virtual Conference / Teaching||Yes||No||No||No|
|Distribution of a Full-text (PDF) Journal Article/ Publication||N/A||N/A||No, unless through e-Reserve.||No|
A Creative Commons (CC) license allows copyright holders to grant usage rights to the public for their content (e.g. images) for designated purposes, e.g. non-commercial use with modifications. Searching for images released under a CC license can help identify works you may be able to use. If you own the copyright on an image, you may also want to consider sharing it with the world through a CC license.
To learn more, visit the Creative Commons website
If you're using publisher-supplied teaching materials, please consult the publishers' term of use. If you have additional questions, please contact the LRC.