Copyright Information
UMD Copyright Policy on Fair Use of Copyrighted Works for Education and Research
Underlying Principles of the policy:
Principle 1: An appropriate exercise of fair use depends on a case-by-case application and balancing of four factors as set forth in a statute enacted by Congress.
- The purpose or character of the use;
- The nature of the copyrighted work being used;
- The amount and substantiality of the work being used; and
- The effect of the use on the market for or value of the original.
These factors must be evaluated to determine whether most of them weigh in favor of or against fair use.
Principle 2: The fair use of copyrighted materials is not determined by " guidelines " that purport to quantify the boundaries of fair use.
- In an attempt to clarify the meaning of fair use for common situations, various private parties have negotiated " guidelines, " but those externally developed guidelines are often inappropriate for the realistic application of fair use to higher education.
- Such guidelines are too often an unduly narrow or rigid definition of fair use, and they usually impose additional restrictions and conditions that are not part of the law.
- No such guideline has been read into the law by Congress or the courts, and the guidelines are not binding.
- Fair use must be determined according to the circumstances of each situation.
Principle 3: Nonprofit educational purposes are generally favored in the application of the four factors, and a robust concept of fair use is crucial for advancing the education, research and service mission of UMD.
- The educational purpose will usually weigh the first factor strongly in favor of fair use.
- Keep in mind, however, that a nonprofit educational purpose does not by itself make the use " fair. "
- One must always consider and weigh all four factors together.
Principle 4: Because of the flexible and interpretive nature of fair use, Congress provided significant protection for educators.
- Not only does the law apply particularly to educational purposes, but it also limits the monetary liability that educators may potentially face, as long they hold a reasonable and good-faith belief that their activities are fair use in light of the four factors.
Principle 5: Through educational efforts, the university should move over time toward common understandings of fair use for local needs, but such detailed interpretations ought not be part of a formal guidelines statement.
- By keeping the guidelines itself concise, the university preserves the flexibility inherent in fair-use law and preserves the opportunity to respond to a changing law and the changing demands of education and research.
Principle 6: Responsible decision making means that individuals within the university must know the fundamentals of fair use and understand how to apply them in typical situations.
- To that end, the university will provide information, answer questions, and conduct seminars in an effort to prepare UMD faculty, staff, and librarians to resolve fair-use questions in a good-faith and well-informed manner.
Principle 7: The University is confident that its faculty, staff, and librarians are able to make good-faith decisions about fair use, and that their decisions will best reflect the particular circumstances relevant to the decision.
- Fair use depends on the facts and circumstances of the given situation. Therefore, the person closest to those facts is likely best suited to determine the law's application.
- The Campus Copyright Group may be able to assist you with information relevant to the copyright decision. E-mail questions to libcopyright@d.umn.edu
Principle 8: Reasonable people- including judges and legislators- can and will differ in their understanding of fair use.
- Copyright law rarely offers a definitive meaning of fair use for any specific application.
- The exercise of fair use depends on a reasoned and responsible application of the four factors.
- One person's judgment and situation may not match the next, and the differences may be based on variations in facts and circumstances.
Principle 9: If a member of the UMD community acts in good faith and consistent with his or her university duties and following established procedures, the UMD copyright policy provides protection in the event of an infringement allegation.
- Good faith increases the likelihood that activities are in fact fair use.
- Good faith reduces the risk of liability in the event of infringement.
- Good faith is important for securing the benefit of university assistance and support in the event that its faculty, staff, and librarians face infringement allegations
- Ultimately, good faith is best manifested through knowledge of, and reasonable application of, the four factors.
Thanks to Indiana University - Purdue University Indianapolis Copyright Management Center for providing the basis for this document.
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