Photocopying of Copyrighted Works [Adopted from: University of California, “Permissible Photocopying of Copyrighted Works” (2002)]
Teachers may reproduce copyrighted words for classroom use and for research without securing permission and without paying royalties when the circumstances amount to what the law calls “fair use.”
I. “Fair Use” – Current Law
In determining whether the use is a “fair use” the law requires consideration of the following factors:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purpose;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
II. Guidelines for Determining “Fair Use”
Educators including representatives of higher education developed, along with publishers, a set of minimum standards of fair use which were set forth in the “Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions.”
Since these standards are often not realistic in a University setting, the following Guidelines should be used to judge if intended photocopying of copyrighted materials constitutes fair use in teaching and research at the Foundation University.
The guidelines are found in Appendix B.