Copyright Law and Fair Use - Andruss Library

Copyright Law and Fair Use - Andruss Library

Fair Use

Materials may be provided by professors for the students in their classes under the Fair Use clause of US  Copyright Law and the TEACH Act.  Making a decision about fair use calls for a good faith consideration of the four factors that comprise the Fair Use Doctrine stated below.  For assistance in determining whether a given use fits within the fair use doctrine, consult the interactive “Fair Use Evaluator.” Neither the interactive online tool nor the Director of Library Services can offer legal advice, but both are available to help professors sort through issues.

If the professor determines that a given use fits within the fair use doctrine, the professor can then place the material on BOLT, which is a password-secured site which provides access to the students enrolled for that particular course in the given semester.  Help in placing materials on BOLT is available through the staff of the Instructional Media and Design Center. Additional information on copyright and related information can be found within our copyright policy.

Fair Use of Media materials

The use of media in course materials calls for additional attention because media materials may be of a highly creative nature (e.g. musical composition or art film) and because of the provisions of the TEACH Act.  For assistance in determining the fair use of such materials, consult the interactive "Fair Use Evaluator" provided through PASSHE or the Director of the Library Services at Bloomsburg University, Charlotte Droll (cdroll@bloomu.edu and 570-389-4207); neither the interactive online tool nor the Director can offer legal advice, but both are avilable to help professors sort through the issues. For assistance in making media materials available, after the professor determines that the use fits within the Fair Use Doctrine, consult the staff of the Instructional Media and Design Center.

Fair Use Doctrine (17 USCS § 107)

“…….In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(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;
(4) and the effect of the use upon the potential market for or value of the copyrighted work.” 

When Fair Use is not available

When a professor determines that a given use does not fall within the Fair Use Doctrine, we will work with that professor and consider other options, including purchase of materials or the pursuit of permission.  For more information, please consult the Director of Library Services at Bloomsburg University, Charlotte Droll (cdroll@bloomu.edu and 570-389-4207).

Further Information

The Copyright Crash Course at the University of Texas does a very good job of explaining the issues pertinent to educators.  http://copyright.lib.utexas.edu/

Andruss Library Copyright compliance and Fair Use

Andruss Library Guide to Course Reserves and Fair Use

Fair Use Evaluator Tool