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Fair Use, Copyright, and the TEACH Act
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Under the guidelines of 17 U.S.C. Section 107, the Dick Smith Library maintains both a print and electronic reserve collection in support of Tarleton courses. The use of materials placed on reserve will be at the initiative of the faculty solely for the non-commercial, educational usage of the students. Personal copies for reserve use must be made in compliance with the four “fair use” principles:1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit, educational purposes;
2. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
3. The nature of the copyrighted work; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
All four factors are considered, but the last factor is the most important in determining whether a particular use is “fair.”
Free use of materials not protected by copyright is permitted for public works. The presence or absence of a copyright notice is no longer significant when determining what is a protected copyright or a public work. Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a notice is non-determinative. The following guidelines may be used to determine what constitutes a public work:1. Works that lack originality (e.g., phone books)
2. Works in the public domain (no longer protected by copyright)
3. Free ware (must be expressly stated)
4. U.S. Government works
5. Facts (e.g., Water boils at 212 degrees Fahrenheit)
6. Ideas, processes, methods, and systems described in copyrighted work that is not otherwise protected by patents.
You should obtain permission to use copyrighted material that falls outside of the fair use guidelines. For additional information and sample request letters, check out:Copyright Clearance Center - request permission online. Campus Copyright Education Program Getting Permission - from the University of Texas.
The "Technology, Education, and Copyright Harmonization Act" (the TEACH Act) defines the terms in which copyright protected materials may be used in distance education. Additional information can be found at:The Technology, Education and Copyright Harmonization (TEACH) Act - from the American Library Association.
Overview of Copyright and Distance Education - from the Copyright Management Center, includes helpful resources and a TEACH Act Compliance Checklist and Toolkit.
The TEACH Act: Finally Becomes Law - straightforward information from Georgia Harper at the University of Texas.
Intellectual Property and Copyright Resources: TEACH Act Highlights and Resources - information and links from the National Education Association.
Copyright Crash Course - An excellent site from the University of Texas, Office of General Counsel.The Copyright Website - Provides a variety of copyright information, including Copyright Basics, Visual Arts, Digital Issues, and Audio Arts.
Copyright Management Center -Created by Indiana University.
U.S. Copyright Office, Library of Congress - Includes text of new copyright law and FAQ.
Fair Use of Copyrighted Materials - From the University of Texas, Office of General Counsel.
Copyright and Fair Use - A guide developed by Stanford University Libraries.
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Library Hours - Suggestions - Tarleton State University - Updated 5/2005 |