LIS provides a wide range of information service and support to the Luther community. Policies that guide and govern these services and support activities are collected here for reference.
Copyright and Fair Use
Preus Library is committed to adhering to the provisions of the United States Copyright Law (Title 17, United States Code). The following policy is designed to assist members of the Luther College community who wish to reproduce copyright-protected works.
Those who willfully disregard this policy do so at their own risk and assume all liability for their actions. Questions regarding copyright law compliance should be directed to the library liaison for the appropriate academic department.
Copyright is a form of legal protection for authors of original creative works (published and unpublished), including literary, dramatic, musical, artistic, and other intellectual products. The copyright holder, who may or may not be the author, possesses the exclusive right to authorize reproduction of a work; distribute copies of the work; prepare derivative works based on the copyrighted work, and publicly perform or display the work.
Violating the rights of copyright holders, or directing others to do so, is illegal.
Copyright law includes exemptions that limit the rights of copyright holders. The Fair Use Doctrine, in particular, allows that, under certain circumstances, one can exercise one of the exclusive rights of the copyright owner without first obtaining permission. The applicable section of the copyright law reads:
Sec. 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, 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 purpose and character of the use, including whether such use is a commercial nature or is for nonprofit 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; and
- 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Fair Use Guidelines
Practicing fair use involves considering the following four factors and balancing the results. In some cases, one factor may point toward fair use, another away from it. Good faith efforts, however, should lead to reasonable fair use judgments. These, in turn, provide a real level of protection from statutory damages in the event of a claim of copyright infringement.
- Purpose of the use – teaching and learning efforts favor fair use; money-making, commercial purposes do not.
- Nature of the copyrighted work – a nonfiction, published work is a more likely candidate for fair use; the use of a creative and/or unpublished work is less likely to be judged fair use. However, photocopies of pages from a textbook or a workbook developed for the classroom is less likely to be considered fair use since the harm to the potential market for the work is more direct.
- Amount of the work used – less is better; a single chapter or article lends itself to fair use more than multiple chapters or articles; using 10 percent of a work is more likely to be judged fair use than using 50% of a work.
- Effect on the potential market for the work – owning an original copy of the work and making only one or a few copies is more likely to be viewed as fair use; making numerous copies available or repeatedly using the same work lessens fair use claims, especially when the work is readily available for sale or affordable permission is easily obtainable.
Preus Library Fair Use Checklist
The library has prepared a form that may be used to guide you in determining whether you may make available copies of copyright protected works without obtaining permission from the copyright holder under Section 107 of the United States Copyright Law (Title 17, United States Code).
View the Preus Library Fair Use Checklist [PDF]. This Fair Use Checklist has been adapted from the “Checklist for Fair Use” made available by the Copyright Management Center at Indiana University-Purdue University in Indianapolis.