Staten Island: Copyright

• Just because it’s on the Internet does NOT mean that it’s free to use! Copyright still applies and the copyright holder’s permission should be sought.
• Items without the copyright symbol may still be copyrighted.

Copying of consumable materials is never permitted.  Examples of consumable materials are workbooks, tests, answer sheets.

Copying and distribution of copyrighted multimedia (CD-ROMs, DVDs, and VHS) is never permitted. 

CopyRight!: Academic permission. (2002). Danvers, MA: Copyright Clearance Center, Inc.

Reproduction of any copyrighted material must fall within the limits set under the “Fair Use” guidelines.   “Fair Use” allows for a portion of a work to be used without permission from the author for purposes of teaching, research, news reporting, scholarship, and/or criticism.  According to Title 17 of the U.S. code, “Fair Use” is determined based on:

• The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole
• The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use.

The portion of a work that is subject to fair use guidelines varies depending on the type or media.  These limitations are as follows:

Copying of consumable materials is never permitted.  Examples of consumable materials are workbooks, tests, answer sheets.

Copying and distribution of copyrighted multimedia (CD-ROMs, DVDs, and VHS) is never permitted. 

CopyRight!: Academic permission. (2002). Danvers, MA: Copyright Clearance Center, Inc.

U.S. Copyright Office (2009 May). Fair use. Retrieved from Copyright Web site: http://www.copyright.gov/fls/fl102.html

Instructors may make a single copy, without obtaining permission, of the following materials for teaching or research purposes:

• Chapter from a book
• Article from a periodical or newspaper
• Short story, essay or poem
• Chart, graph, diagram, drawing, graphic, illustration or picture from a book, periodical or newspaper

Instructors may make multiple copies, without obtaining permission, of an item for classroom use if it meets certain criteria of brevity, spontaneity and cumulative effect:

•  Brevity
  • Complete poem if it is less than 250 words and is printed on no more than two pages
  • Excerpt of a poem if it is no more than 250 words
  • Complete article, story or essay that is fewer than 2,500 words
  • Excerpt of a article, story or essay if it is no more than 1,000 words or 10% of the work, whichever is less
  • One chart, graph, diagram, drawing, graphic, illustration, or picture from a book or periodical issue
  • Excerpt from a special work that is no more than two published pages and no more than 10% of the texts
• Spontaneity
  • The copying of the material must be at the occasion and inspiration of an individual instructor
  • The decision to use the work and the maximum teaching effectiveness must be within a time frame that is too short to reasonably to expect a timely reply to a request for permission
• Cumulative Effect
  • The copy is for only one course
  • No more than one short poem, article, story essay or two excerpts may be copied from the same author during one class term
  • No more than three works may be copied from the same collective work or periodical volume during one class term

Note: Each copy must include a notice of copyright and multiple copying is limited to no more than nine instances per course per class term