Reproduction of copyrighted material without permission of the copyright owner is unacceptable. Printing Services will not reproduce your job if it is in violation of copyright law.

The following types of works are subject to copyright protection:

• literary
• dramatic
• musical
• choreographic
• pictorial
• graphic
• pantomimes
• sound recordings
• sculptures
• motion pictures
• audio visual

These categories include reference works (including dictionaries), video cassettes and computer programs and databases. The following are not subject to copyright protection:

• facts
• ideas
• procedures
• processes
• systems
• concepts
• principles
• discoveries

While the above items are not covered by copyright protection, they may be protected under patent or trade secret laws. The literary or other form of expression and detailed organization of these ideas is covered by copyright.

fair use*

Fair use, under the U.S. copyright law, permits limited use of portions of a copyrighted work without the copyright owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship or research. Section 107 of the Copyright Act established four basic factors to be considered in deciding whether a use constitutes fair use:

1. The purpose and character of the use including whether such use is of a commercial nature or is for non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

No one factor determines a person's right to use a copyrighted work without permission. There is no blanket exemption from liability for infringement by educational institutions or for educational uses. Rather, the particular use must qualify as a fair use.

While only the courts can authoritatively determine whether a particular use is fair use, the following guidelines are considered to be "a reasonable interpretation of the minimum standards of fair use" (U.S. Congress).

Books and Periodicals: In 1976, the U.S. Congress endorsed fair use guidelines for educators making multiple copies of portions of books and periodicals for use in classrooms. The guidelines also permit educators to make single copies of lengthier portions. On the other hand, the guidelines expressly prohibit some types of copying as not being fair use, such as making unauthorized coursepacks. These guidelines do not apply to computer software.

Television Programming: In 1981, a Congressional committee endorsed guidelines that permit individual educators to record broadcast television programming (but not pay-per-view) and to play the recording soon after the broadcast in the course of relevant teaching activities.

Educational Multimedia Presentations: In late 1996, a Congressional subcommittee recognized guidelines that permit educators and students to reproduce and adapt portions of books, movies, sound recordings and computer program screen displays for use in educational multimedia presentations.

Distance Learning: Guidelines for the use of copyrighted works in certain distance learning situations are under consideration.

For more information about fair use and guidelines, ask the U.S. Copyright Office to send you "Circular 21 - Reproduction of Copyrighted Works by Educators and Librarians." The Copyright Office can be reached at 202-707-9100. You can also download a .pdf of Circular 21 from the U.S Copyright Office. Multimedia and Distance Learning guidelines are reprinted in the Interim Report of the conference on Fair Use at http://www.uspto.gov.

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