LibGuides: First Year Writing Instructor's Library Guide: Copyright and Fair Use

Copyright Law Basics

Copyright Basics
An overview of basics including copyright definitions, rights of copyright holders, and types of copyrighted works.

Public Domain

Works are considered to be in the 'public domain' when they:

Were published more than 75 years ago or created more than 120 years ago. So, if in 2020 you are considering using a novel published in 1925, it is in the public domain and is available for public use without copyright restrictions. This is why the Internet Archive has not had any backlash for archiving eBooks like Moby Dick, but the archive has had issues with the Author's Guild for including contemporary fiction eBooks still protected by copyright.
While it is no longer the case, copyright holders used to have to apply to renew the copyright of their work. If they did not renew a license, it may have expired and it is likely in the public domain. How do you know? If you see a copyright expiration and no indication it was renewed, it is in public domain.
Creators can choose to waive their copyright through use of Creative Commons licenses (see OER box below).

Copyright Term and the Public Domain in the United States
A chart created by Peter Hirtle from Cornell University to help you determine Copyright or Public Domain.

Fair Use

Fair use (17 U.S.C. §107) acts as a counterbalance, enabling limited use of copyrighted material without the permission of the copyright owner. It is a law that enables researchers, educators, journalists, and critics (e.g., parody skits on SNL) to use copyrighted material without copyright infringement. If there are lawsuits arising from fair use disagreements, the following will be considered:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit 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.

Read more about Fair Use in Chapter 10 of the "Copyright Law for Librarians and Educators eBook" below.

Fair Use Virtual Checklist
Not sure if your use qualifies as fair use? Complete this virtual checklist to help you decide. If most your checks are in the "favors" column, it's probably within fair use. If most your checks are in the "opposes" columns, it's probably copyright infringement and not fair use.
Measuring Fair Use
Read more about measuring fair use.

TEACH Act

TEACH Act, about
About 2-page PDF explaining the TEACH Act, by the Copyright Clearance Center.
TEACH Act Checklist
An overview of the TEACH Act and a 1-page checklist. Not sure if your use qualifies under the TEACH Act? Complete the checklist to help you decide.

eBook on Copyright (Recommended)

Copyright Law for Librarians and Educators by Kenneth D. Crews Copyright law never sleeps, making it imperative to keep abreast of the latest developments. Declared "an exemplary text that seals the standards for such books" (Managing Information), this newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students, librarians, and educators alike. Readers will learn basic copyright definitions and key exceptions for education and library services; find information quickly with "key points" sidebars, legislative citations, and cross-references; get up to speed on fresh developments, such as how the recently signed Marrakesh Treaty expands access for people with disabilities and why the latest ruling in the Georgia State University case makes developing a fair use policy so important; understand the concept of fair use, with fresh interpretations of its many gray areas that will aid decision making; learn the current state of affairs regarding mass digitization, Creative Commons, classroom use and distance education, the Digital Millennium Copyright Act, and other important topics; receive guidance on setting up on a copyright service at a library, college, or university; and find many helpful checklists for navigating copyright in various situations. This straightforward, easy-to-use guide provides the tools librarians and educators need to take control of their rights and responsibilities as copyright owners and users.
Call Number: eBook
ISBN: 9780838916292
Publication Date: 2020-02-21

Open Educational Resources (OER)

Open Educational Resources (OER) are educational resources such as textbooks, lesson plans, and videos that authors create with open licenses. Many OERs are free for you to use, which also means if you select an OER textbook, your students do not have to pay for access to required readings! Many OERs also use Creative Commons licenses that allow you to reuse, embed, and even adapt the materials for your own teaching.

OER Commons
Find OERs and learn more about open access and OERs.
Affordable Learning Solutions at the CSU
Cal State LA participates in the CSU system-wide Affordable Learning Solutions (AL$) campaign, which is "designed to enable faculty to choose and provide quality educational content that is more affordable for their students." The mission of this program is to make higher education more accessible to students by promoting the use of high-quality, free and low-cost learning materials: "CSU students typically pay over $800 per year for their books. By reducing their expenses, we believe we can provide better access to a quality CSU learning experience" (CSU ALS). Visit this guide for more information.
Creative Commons Licenses
Learn more about the creative commons licenses. For example, I added a CC License to the bottom of this guide, which is a signal to readers that they are welcome to reuse/adapt any content on this guide! This guide is an OER.

This guide was created by Paizha Stoothoff, Humanities Librarian, with a CC-BY-NC license. This means anyone can reuse content with attribution and for non-commercial purposes. To read more about CC licenses, visit Creative Commons.