Consider These Factors Before Using Copyrighted Materials
If you have not obtained permission before copying, download the checklist:
Does the cumulative weight of your choices favor fair use? Is your decision reasonable?
Is fair use justified? Should you obtain permission before making copies of the work? Please confirm your interpretation and consult directly with a librarian, or email firstname.lastname@example.org.
Section 1: Respect for copyright law
Luther Seminary and its faculty, staff, and students are expected to respect copyright law (Title 17 of the United States Code, http://www.copyright.gov/title17/) for both print and electronic content that is created, copied, distributed, performed, or used in our community.
Respect for copyright includes but is not limited to:
Section 2: Luther Seminary’s copyright policy
Luther Seminary’s facilities, equipment, staff, and student workers shall only be used to copy, scan, stream, record, and/or distribute materials for which:
Section 3: Copyright fair use analysis or permission is not needed
Section 4: Copyright Fair Use Analysis
When copyright is active and permission has not been obtained, the only way to use copyrighted materials is through fair use. Within the parameters of copyright law, provisions have been made for use of materials by non-copyright holders including “fair use” as codified in section 107 of the copyright law.
“...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
The Association of Research Libraries describes further applications and examples of fair use in the academic community within its Code of Best Practices in Fair Use for Academic and Research Libraries (January 2012).
ORDINARY FAIR USE ANALYSIS:
Fair use will generally be assumed when involving a small, appropriate quantity (single chapter, journal article, or less than 15% of the whole work), with restricted access for personal research or distributed to students in a class, and with a non-profit, educational purpose.
EXTRAORDINARY FAIR USE ANALYSIS:
When not within the parameters of the simple analysis, fair use must to be demonstrated by use of the attached Copyright Fair Use Analysis Checklist in consultation with a librarian or the Academic Dean’s Office. Any duplication or electronic posting request relying upon fair use beyond the ordinary analysis above must include a completed checklist, which will be retained as added pages to the copyrighted materials.
Section 5: Obtaining permission
When the Copyright Fair Use Analysis does not favor use, permission is required from the copyright holder. In some cases, the author, publisher, or distributor can be contacted directly or the Copyright Clearance Center (http://www.copyright.org) can usually assist in obtaining and collecting fees for the necessary authorization. Modest fees for instructional purposes may be paid for by the library.
Section 6: Questions and concerns
Questions regarding these guidelines, the checklist, or other copyright issues should be directed to a librarian or sent to email@example.com. Concerns about or violations of this policy should be referred to the Academic Dean’s Office.
Creative Commons (a nonprofit) helps you share your creativity and knowledge.
"Free, easy-to-use copyright licenses provide a simple, standardized way to give the public permission to share and use your creative work.... Creative Commons licenses are not an alternative to copyright. They work alongside copyright and enable you to modify your copyright terms to best suit your needs."