Copyright and Fair Use

Below is information about copyright and fair use guidelines as provided by the American Library Association. Visit the American Library Association- Libraries and the internet toolkit for more clarity, but remember, when in doubt, ask!

The American Library Association (2012) states, "copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of 'original works of authorship,' including literary, dramatic, musical, artistic, and certain other intellectual works. 'For a work to be "original," it must meet two qualifications: (1) it cannot be copied from another work; and (2) it must exhibit at least a small amount of creativity."

• literary works

• musical works, including any accompanying words

• dramatic works, including any accompanying music

• pantomimes and choreographic works

• pictorial, graphic, and sculptural works

• motion pictures and other audiovisual works

• sound recordings

• architectural works

(ALA Admin, 2012)

Fair use is a term covered under Section 107 of the Copyright Act. According to the American Library Association (2012),"Fair use is a copyright principle based on the idea that the public is entitled to freely use portions of copyrighted works for educational and informational purposes. Under fair use, someone other than the copyright holder may freely copy, display, perform, and distribute copyrighted material, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."

According to the American Library Association (2012, to determine if usage violates copyright laws, a person must think about:

• The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit educational purposes;

• 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.

Please remember, navigating copyright and fair use regulations is difficult. When in doubt, check with available resources and experts.