| Tarleton State University Libraries |
Unit 10 |
| BALANCING
COPYRIGHT & FAIR USE |
|
|
Copyright
is the exclusive legal right granted to the creators of original
published and unpublished works (literary, dramatic, musical,
artistic, and intellectual). This right is provided by United
States law (title 17, U.S. Code) and grants the creator exclusive
rights to reproduce, modify, publish, distribute, display, perform,
and sell the work. Violating copyright law is illegal and carries
severe penalties. |
Exemptions for using copyrighted material are in place, which are
important in situations where copyrighted material is used in scholarship,
research, commentary, and criticism.
The doctrine of "fair use" is such an exemption (section
107) and offers four "tests" to see if the intended
use stays true to copyright law:
| 1) |
purpose
and character of the use (i.e. commercial or nonprofit educational), |
| 2) |
nature
of the copyrighted work, |
| 3) |
amount
used compared to the whole work (i.e. percentage of the
whole) and the importance of the portion used to the
original work's value, and |
| 4) |
effect
of the use on the potential market for the protected work
or on the protected work's value. |
Academic
work for courses usually falls within fair use guidelines because
it is created for nonprofit educational purposes. Also, student writers
(like everyone else) are expected to take steps to avoid plagiarism
and to provide appropriate documentation. When in doubt, researchers
should check copyright guidelines and/or ask the original creator's
permission before using the item in question.
ADDITIONAL
INFORMATION
More information about copyright and fair use is available on the
following pages:
 Unit
10: Overview & Goals |
Avoiding
Plagiarism  |
Library Orientation Site Index
Updated 7/2004 |
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