Using other people’s copyrighted work

Using other people’s copyrighted work

Disclaimer: These pages are for informational purposes only and should not be considered legal advice.

Fair use

Fair use is a legal limitation on the exclusive rights of copyright owners. Use of copyrighted works without the copyright owner’s permission for the purposes of criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not copyright infringement.

The Fair Use Policy of Carnegie Mellon University requires members of the University community to comply with U.S. Copyright Law. When a proposed use of copyright material does not fall within the fair use doctrine and is not otherwise permitted by license or exception, written permission from the copyright owner is required to use the work.

Conducting a fair use analysis

While courts are the final arbiter of whether a particular use of a copyrighted work is a fair use, Carnegie Mellon expects members of the University community to conduct a fair use analysis prior to exercising their fair use right. If, after conducting a fair use analysis, you determine your proposed use qualifies as a fair use, you may use the work. You should document your fair use analysis for future reference, as a sign of your good-faith effort to ascertain whether the use is a fair use. If, however, you determine your proposed use does not qualify as a fair use, you must either seek the copyright owner’s written permission to use the work or find an alternative work to use that is allowed by license or no longer protected by copyright.

Conducting a fair use analysis entails consideration of:

* The four fair use factors and their interpretation in relevant case law – see the Appendix to the Fair Use Policy of Carnegie Mellon University.

* Applicable codes of best practices – see Fair use codes of best practices.

The Supreme Court has recognized that “the fair use defense affords considerable latitude for scholarship and comment,” but several caveats apply in practice:

* Regardless of whether a particular use qualifies as a fair use, with rare exception publishers require the copyright owner’s written permission for any third-party material included in a work to be published.

* Fair use likely provides sufficient protection for students including third-party materials in classroom presentations or submitted assignments, but the copyright owner’s written permission might be required for broader dissemination, for example, for posting the work on a website or depositing it in an open access repository, such as Carnegie Mellon’s Research Showcase.

See also:

Law of Fair Use – U.S.C. Title 17 § 107.
Fair Use in Education and Research – Copyright Advisory Office, Columbia University Libraries.
Fair Use Check List – Copyright Advisory Office, Columbia University Libraries.
Fair Use Evaluator – Tool by Michael Brewer, American Library Association Office for Information Technology Policy.
Summary of Ruling in Georgia State University Fair Use Lawsuit – by Carnegie Mellon University Libraries. (2012) [.pdf] 
Summaries of Fair Use Cases – by Stanford University Libraries. (1984 – )

Fair use codes of best practices

Various communities have developed a code or statement of best practices to assist their constituencies in exercising their fair use rights. Courts often consider community practices in lawsuits involving fair use claims, but faculty and students should not confuse best practices with copyright law. The Law of Fair Use requires the consideration and balancing of the four fair use factors as they apply to the specific circumstances of each proposed use. See the Appendix to the Fair Use Policy of Carnegie Mellon University for guidance.

Academic and Research LibrariesCode of Best Practices for Academic and Research Libraries (2012) [.pdf]

See also: Section 108 Spinner – Tool on U.S. copyright law for reproductions by libraries or archives for their users, for replacement, or for preservation.

Documentary FilmDocumentary Filmmakers’ Statement of Best Practices in Fair Use (2005) [.pdf]

Dance MaterialsStatement of Best Practices in Fair Use of Dance-Related Materials (2009) [.pdf]

Film and Media EducationStatement of Best Practices for Fair Use in Teaching for Film and Media Educators (2008) [.pdf]

ImagesStatement on the Fair Use of Images for Teaching, Research, and Study [.pdf]

See also: Digital Image Rights Computator (DIRC) – Tool to help you understand the rights associated with an image and make informed decisions regarding the use of that image.

JournalismSet of Principles in Fair Use for Journalism (2013) [.pdf]

Media Literacy EducationCode of Best Practices in Fair Use for Media Literacy Education [.pdf]

Media Studies PublishingStatement of Fair Use Best Practices for Media Studies Publishing [.pdf]

Online VideoCode of Best Practices in Fair Use for Online Video (2008) [.pdf]

See also: Remix Culture: Fair Use is Your Friend – Explains why the Code of Best Practices in Fair Use for Online Video was created and how the Code can help you create online videos that employ fair use of copyrighted material.

Video: please specify correct url

Open Courseware Code of Best Practices in Fair Use for OpenCourseWare (2009) [.pdf]

Orphan WorksSociety of American Archivists’ Orphan Works: Statement of Best Practices (2009) [.pdf]

PoetryCode of Best Practices in Fair Use for Poetry (2011) [.pdf]

Research in CommunicationCode of Best Practices in Fair Use for Scholarly Research in Communication (2012) [.pdf]

Videos on fair use

Q&A on Fair Use – Stanford Law School’s experts answer questions about fair use. (2011)

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Fair Use in a Time of Change – Constitutional lawyer and political activist Lawrence Lessig on copyright and the role and importance of fair use in the digital age. (2009)

Video: please specify correct url

Remix Culture – Tour of remix classics produced by Daniel Jones, Pat Aufderheide, and Peter Jaszi.

Video: please specify correct url

Re-examining the Remix – Lawrence Lessig on re-mix culture and how creativity is being strangled by the law. (2007)

Video: please specify correct url

Stephen’s Remix Challenge– Stephen Colbert does not want you to take his interview with Lawrence Lessig and remix it. (2009)

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Embrace the Remix – Nothing is original, says Kirby Ferguson, creator of Everything is a Remix.

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Copyright Education User Rights, Section 107 Music Video – by Michael Robb Grieco, Media Education Lab, Temple University. (2009)

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Too Much Copyright – Ben Huh, CEO and founder of Cheezburger, on the disconnect between the ordinary citizen’s view and the copyright maximalist’s view of copyright and fair use. (2012)

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Hitler orders DMCA takedown – Parody on fair use.

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Hitler reacts to Downfall parody removals –

Video: please specify correct url

Public displays and performances

A public display or performance is one that either occurs in a public place where people gather or is transmitted to the public, for example, via the Internet.

In the classroom

U.S. copyright law allows faculty and students to perform or display all types of work in the classroom, e.g., to recite poetry, read plays, show videos, play music, and project slides. It does not allow making copies or posting digital works on servers. See U.S.C. Title 17, §110(1).

In distance education

Under the Technology, Education and Copyright Harmonization Act (a.k.a., the TEACH Act), it is not copyright infringement for teachers and students at an accredited, nonprofit educational institution to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or permission from the copyright owner must be obtained. See U.S.C. Title 17, §110(2).

See also:

TEACH Act Toolkit – by Peggy E. Hoon, North Carolina State University.  Navigate the Toolkit using the options in the sidebar on the left.
TEACH Act Flow Chart – Scholarly Communications @ Duke. [.pdf]

Other rights of use

Copyright permission

If the right to use someone else’s copyrighted work in a particular way is not granted by copyright law or licensing agreement, you must acquire permission for the use, either through a licensing agency or directly from the copyright owner. Alternatively you could find another work to use, for example, a work in the public domain (copyright expired).

Collective Licensing Agencies – List of agencies that license rights to use printed, online, musical, dramatic, audio-visual, pictorial, graphic, and sculptural works, as well as software and syndicated materials. Copyright Advisory Office, Columbia University Libraries.

Introduction to the Permissions Process – Stanford University Libraries.

Permissions – Copyright Advisory Office, Columbia University Libraries.

If you cannot find the owner – Copyright Advisory Office, Columbia University Libraries.



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