Copyright law protects original works of authorship including literary works, music, art, films, and software. The owner of a copyright has the exclusive right to reproduce, distribute, publicly display, and create derivative works of the copyrighted work. However, certain uses of copyrighted materials without permission may be allowed under the fair use doctrine for purposes such as criticism, comment, news reporting, teaching, and research. To determine if a use is fair, courts consider factors such as the purpose and commercial nature of the use, the nature of the copyrighted work, the amount of the work used, and the impact on the market for the work. When in doubt, it is best to obtain permission from the copyright holder.

1. Copyright Law
Athens State University Library

2. Copyright
What is covered:
• “any tangible medium
of expression, now or
later developed”
including:
– Literary works
– Musical works
– Dramatic works
– Pantomimes and
Choreography
– Pictorial, Graphic and
Sculptural works
– Motion pictures and
Audiovisual works
– Sound recordings
– Architectural works

3. Rights of holder
Legal right to:
• Reproduce
• Distribute
• Perform
• Display
• License
• To prepare derivative
works based on the
copyrighted material
• Can we ever use
copyrighted material
without asking first?
Yes…

4. Fair Use and Copyright
• Students, teachers, journalist or even another
author might at times need to use SOME of a
copyrighted work.
• Fair Use doctrine allows that use of
copyrighted material under very strict
conditions.
[Taken from the U.S. Copyright Office’s Fair Use webpage]

5. Works Allowed
A researcher can usually use a segment of a
work for:
– Criticism
– Comments
– News Reporting
– Teaching
– Scholarship and Research
Copyholders right is subject to certain limitations found in section 107-118 of the
copyright law (title17, U.S. Code). The doctrine of fair use been codified in section
107 of the copyright law.
Sec. 107 contains a list
of the various purposes
in which the
reproductions of a
particular work may be
considered fair.

6. Four Factors of Fair Use
1. Commercial use or nonprofit educational use
2. The nature of the copyrighted work
3. Amount used as compared to the whole
4. Effect its use will have on the potential market
for, or value of, the copyrighted material
“Acknowledging the source of the copyright
material does not substitute for obtaining
permission.”

7. Examples approved by the courts:
• Quotations of small amounts
used in a review or criticism
for purposes of illustration or
comment
• Quotes of small amounts used
in scholarly or technical works
• For Illustration or clarification
of the author’s observations
• Used in a parody
• Summary of an address or
article
• Brief quotations
• News reports
• Copying by a library to replace
damaged page(s)
• Copying by a teacher of small
amount
• Use in legislative or judicial
proceedings
• Incidental and fortuitous
reproduction
• Newsreel or news broadcast
• Of work in a scene being
reported
Copyright does not extend to ideas, systems or factual
information conveyed in the work.

8. When in doubt…
• It is okay to use PART of someone’s work for
limited, non-commercial purposes, but when
in doubt, it’s best to ask permission.
• Fair use does not preclude you from citing!!!