The issue of just what is fair use of copyright-protected materials comes up often in educational circles. The key for faculty is to apply the four-factor test set forth in the copyright law. Some guidelines to follow are:

• Make sure that the use is for education and that the use will occur in a non-profit educational setting. The use has to be germane to the instruction of the topic. In other words, don't show a movie just for entertainment or as a "reward."
  
• Make sure that you legally obtain the copy. For example, a video or DVD should be purchased or rented from a video store.
  
• When possible use factual works, but when necessary, creative works can be used to illustrate a point or as a basis for criticism or commentary. You may also use excerpts from periodicals.
  
• Make sure that a copyright notice and complete source citation appears on the first page of each copy of articles or book excerpts used, either passed out in class or posted on your Blackboard site.
  
• Unless you are teaching a course on a specific author, it is not a good idea to use too many items from one author. Also, according to the guidelines, you need to either obtain permission or use another author after one-time use.
  
• Finally, use of copyright-protected material should not be a substitute for students purchasing textbooks or other books readily available in the market place, such as course packs. One of the key components of fair use is the effect of use on the market for the protected work. Does your use dilute the market or potential sales of the copyright holder? If it does, then you are probably infringing on the copyright holders' rights. Limit your use of copyright-protected works to those in your classes and the immediate educational community. One way to determine if you are infringing on a copyrighted work is to ask, "Could anyone off the street just walk in here and use this material?" If they can, then the use is probably not a fair one.

Exception 1:  If you are requiring a course pack of materials to be sold through the CMU Bookstore, or MBS for Off-Campus Programs, permission must be obtained.   If an item in the course pack can be copied under fair use guidelines, bookstore or OCLS staff will determine if that is the case.

Exception 2:  If you want a reserve set up (for on-campus courses only), generally the material can be used once without having to obtain permission.  Contact Reserve Room staff in the Mary Dow Reading Room in Park Library with your reserve needs.

Exception 3:  If you are teaching for Off-Campus Programs, you may either refer to the CMU OCLS copyright site, http://ocls.cmich.edu/copyright/index.html or contact the Copyright Coordinator for Off-Campus Programs at 800-274-3838 or 989-774-3768 for all your copyright needs.

It is important to remember that any license you enter into with a publisher will supersede basic copyright law provisions. For example, under copyright law it is illegal to copy from tests or other "consumables." However, a textbook publisher will often grant permission to copy tests from test banks or supplemental materials if you have adopted the textbook. Likewise, almost all computer software comes with separate licensing agreements that put limits on uses that might otherwise have been acceptable under the fair use provision of the Copyright Act.

Permission

Finally, remember you can ask for (and often obtain) permission to use copyrighted materials for your courses.  It is important first to identify what and how much of the material you wish to use, and why you want to use it.  For more information:

• For print course packs, please visit http://www.cmich.edu/copyright/assistance/guidelines.htm
• For Audio-visual material, call Dan Bracken at 774-6414
• For Reserves, call the Library Reserve Desk at 774-3825
• For all questions related to classes taught through Off-Campus Programs, please visit the CMU OCLS copyright site, http://ocls.cmich.edu/copyright/index.html or 800-274-3838, ext. 3768.

For copyright–protected materials you may wish to use in other ways, such as stand-alone classroom handouts, on Blackboard, or in multimedia projects and presentations, you must obtain permission yourself. See Classroom Handouts Guidelines or Blackboard Guidelines for more information.

• The Copyright Clearance Center (CCC) can research copyright ownership and request permission from copyright holders for most works. If the CCC cannot obtain permission, you can also contact the copyright holders directly (see Sample Letters for Requesting Permission). For more information, please see the FAQ.