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not always been specifically authorized by the copyright owner. We are making
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etc.. We believe this constitutes a 'fair use' of any such copyrighted material as
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In accordance with Title 17 U.S.C. Section 107, the material on this site is
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information go to: http://www.law.cornell.edu/uscode/17/107.shtml
United States Code: Title 17, Section 107
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair use the factors to be
considered shall include - (1) the purpose and character of the use, including
whether such use is of a commercial nature or is for nonprofit educational
purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality
of the portion used in relation to the copyrighted work as a whole; and (4) the
effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such
finding is made upon consideration of all the above factors.
United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope
Subject to sections 107 through 120, the owner of copyright under this title has the
exclusive rights to do and to authorize any of the following: (1) to reproduce the
copyrighted work in copies or phonorecords; (2) to prepare derivative works
based upon the copyrighted work; (3) to distribute copies or phonorecords of the
copyrighted work to the public by sale or other transfer of ownership, or by rental,
lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other audiovisual work, to
display the copyrighted work publicly; and (6) in the case of sound recordings, to
perform the copyrighted work publicly by means of a digital audio transmission.
FAIR USE NOTICE: This site contains copyrighted material the use of which has
not always been specifically authorized by the copyright owner. We are making
such material available in our efforts to advance understanding of environmental,
political, human rights, economic, democracy, scientific, and social justice issues,
etc. We believe this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title 17
U.S.C. Section 107, the material on this site is distributed without profit to those
who have expressed a prior interest in receiving the included information for
research and educational purposes. For more information go to:
FAIR USE NOTICE. Many of the stories on this site contain copyrighted material
whose use has not been specifically authorized by the copyright owner. We are
making this material available in its efforts to advance the understanding of
environmental issues and sustainability, human rights, economic and political
democracy, and issues of social justice. We believe this constitutes a 'fair use' of
the copyrighted material as provided for in Section 107 of the US Copyright Law.
If you wish to use such copyrighted material for purposes of your own that go
beyond 'fair use'...you must obtain permission from the copyright owner.
FAIR USE NOTICE. This site contains copyrighted material the use of which has
not always been specifically authorized by the copyright owner. We are making
such material available in our efforts to advance understanding of environmental,
politica, human rights, economic, democracy, scientific, and social justice issues,
etc.. We believe this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. If you wish to use
copyrighted material from this site for purposes of your own that go beyond 'fair
use', you must obtain permission from the copyright owner.
In accordance with Title 17 U.S.C. Section 107, the material on this site is
distributed without profit to those who have expressed a prior interest in receiving
the included information for research and educational purposes. For more
information go to: http://www.law.cornell.edu/uscode/17/107.shtml
United States Code: Title 17, Section 107
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair use the factors to be
considered shall include - (1) the purpose and character of the use, including
whether such use is of a commercial nature or is for nonprofit educational
purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality
of the portion used in relation to the copyrighted work as a whole; and (4) the
effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such
finding is made upon consideration of all the above factors.
United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope
Subject to sections 107 through 120, the owner of copyright under this title has the
exclusive rights to do and to authorize any of the following: (1) to reproduce the
copyrighted work in copies or phonorecords; (2) to prepare derivative works
based upon the copyrighted work; (3) to distribute copies or phonorecords of the
copyrighted work to the public by sale or other transfer of ownership, or by rental,
lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other audiovisual work, to
display the copyrighted work publicly; and (6) in the case of sound recordings, to
perform the copyrighted work publicly by means of a digital audio transmission.
TO: Members of the Faculty, Hoover Institution Fellows,
Academic Staff, and Library Directors
FROM: Condoleezza Rice, Provost
RE: Copyright Reminder
October 30, 1998
This memorandum provides a general description of the applicability of the
copyright law and the so-called "fair use" exemptions to the copyright law's general
prohibition on copying. It also describes "safe harbor" guidelines applicable to
classroom copying.
The federal copyright statute governs the reproduction of works of authorship. In
general, works governed by copyright law include such traditional works of
authorship as books, photographs, music, drama, video and sculpture, and also
software, multimedia, and databases. Copyrighted works are protected regardless
of the medium in which they are created or reproduced; thus, copyright extends to
digital works and works transformed into a digital format. Copyrighted works are
not limited to those that bear a copyright notice. As a result of changes in copyright
law, works published since March 1, 1989 need not bear a copyright notice to be
protected under the statute.
Two provisions of the copyright statute are of particular importance to teachers and
researchers:
* a provision that codifies the doctrine of "fair use," under which limited copying of
copyrighted works without the permission of the owner is allowed for certain
teaching and research purposes; and
* a provision that establishes special limitations and exemptions for the
reproduction of copyrighted works by libraries and archives.
The concept of fair use is necessarily somewhat vague when discussed in the
abstract. Its application depends critically on the particular facts of the individual
situation. Neither the case law nor the statutory law provides bright lines concerning
which uses are fair and which are not. However, you may find it helpful to refer to
certain third party source materials. Guidelines for classroom copying by
not-for-profit educational institutions have been prepared by a group consisting of
the Authors League of America, the Association of American Publishers, and an ad
hoc committee of educational institutions and organizations. In addition, fair use
guidelines for educational multimedia have been prepared by a group coordinated
by the consortium of College and University Multimedia Centers (CCUMC).
These guidelines describe safe harbor conditions, but do not purport to define the
full extent of "fair use."
The guidelines, as well as other source material, are available through a variety of
resources, including through the world wide web site http://fairuse.stanford.edu.
Stanford University Libraries & Academic Information Resources, in collaboration
with the Council on Library Resources and FindLaw Internet Legal Resources, are
sponsors of this web site. The site assembles a wide range of materials related to
the use of copyrighted material by individuals, libraries, and educational institutions.
I hope that the discussion below helps to clarify further the nature of "fair use."
I. Fair Use for Teaching and Research
The "fair use" doctrine allows limited reproduction of copyrighted works for
educational and research purposes. The relevant portion of the copyright statue
provides that the "fair use" of a copyrighted work, including reproduction "for
purposes such as criticism, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research" is not an infringement of copyright. The
law lists the following factors as the ones to be evaluated in determining whether a
particular use of a copyrighted work is a permitted "fair use," rather than an
infringement of the copyright:
* 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.
Although all of these factors will be considered, the last factor is the most important
in determining whether a particular use is "fair." Where a work is available for
purchase or license from the copyright owner in the medium or format desired,
copying of all or a significant portion of the work in lieu of purchasing or licensing a
sufficient number of "authorized" copies would be presumptively unfair. Where only
a small portion of a work is to be copied and the work would not be used if
purchase or licensing of a sufficient number of authorized copies were required, the
intended use is more likely to be found to be fair.
A federal appeals court recently decided an important copyright fair use case
involving coursepacks. In Princeton University Press, et.al. v. Michigan Document
Services, the U.S. Court of Appeals for the Sixth Circuit concluded that the
copying of excerpts from books and other publications by a commercial copy
service without the payment of fees to the copyright holders to create coursepacks
for university students was not fair use. The size of the offending excerpts varied
from 30 percent to as little as 5 percent of the original publications. Although the
opinion in this case is not binding in California, it is consistent with prior cases from
other courts, and there is a reasonable likelihood that the California federal courts
would reach a similar conclusion on similar facts.
Where questions arise, we suggest that you consult the guidelines for classroom
copying and other available source material available on the fair use web site, cited
above. Please note that the guidelines are intended to state the minimum, not the
maximum, extent of the fair use doctrine. Thus, just because your use is not within
the guidelines, it is it not necessarily outside the scope of fair use. In the absence of
a definitive conclusion, however, if the proposed use deviates from the guidelines,
you should consider obtaining permission to use the work from the copyright
owner. In instances where the fair use question is important and permission would
be difficult or expensive to obtain, a member of the Fair Use Advisory Group
(described below) or the Legal Office can assist in analyzing whether a particular
proposed use would constitute "fair use."
Some photocopying services will obtain copyright permission and add the price of
the royalties, if any, to the price of the materials. A request to copy a copyrighted
work should generally be sent to the permission department of the publisher of the
work. Permission requests should contain the following:
* Title, author, and/or editor, and edition
* Exact material to be used, giving page numbers or chapters
* Number of copies to be made
* Use to be made of the copied materials
* Form of distribution (classroom, newsletter, etc.)
* Whether the material is to be sold
Draft form letters can be obtained from or reviewed by a member of the Fair Use
Advisory Group or the Legal Office.
For certain works, permission may also be sought from the Copyright Clearance
Center (CCC) which will quote a charge for works for which they are able to give
permission. The Copyright Clearance Center can be contacted at
www.copyright.com or (978) 750-8400, but it may be easier to go through a
copying service that deals regularly with the CCC.
II. Course Reserves
Some libraries at Stanford will refuse to accept multiple photocopies or to make
photocopies of copyrighted materials needed for course reserves without first
having permission from the copyright holder. Other libraries on campus will accept
a limited number of photocopies for course reserves. Consult individual libraries for
clarification of their policies.
While the libraries have blanket permission from dozens of journals, obtaining
permission sometimes takes a good deal of time. Experience in obtaining
permission has shown that an inquiry addressed to a journal publisher frequently
produces information that the copyright is actually held by the author, and four
weeks is often inadequate to obtain such permission. Four to six weeks is
considered the norm.
Permission may be obtained in a number of ways:
* Upon request, some libraries on campus will obtain materials for course reserve.
In these cases, the librarian will write to obtain permission to photocopy or to
purchase reprints. However, most libraries do not provide this service.
* Written permission may be obtained by the academic department.
* Oral permission may be obtained by faculty members, departmental secretaries,
or library staff, in which case a written record is needed of that action.
Note that filling course reserve requirements may require two to three months
before the quarter begins if the library does not already have a copy of the
publication, if the publication is out of print, or if the copyright holder is not readily
available.
III. Resources
Additional information on copyright issues may be found on the world wide web
Questions about the copyright law as it affects faculty and staff in their University
capacities should be directed to a member of the Fair Use Advisory Group (see
attachment) or to Linda Woodward in the Legal Office (3-9751), who can put you
in touch with the appropriate lawyer to respond to your specific question.
Questions about library policy and course reserves should be addressed to Assunta
Pisani, Associate Director, University Libraries (apisani@sulmail or 3-5553).
Information concerning the application of copyright law to computer software can
be found in the memorandum "Copying of Computer Software" distributed by the
Library and Information Resources and in Administrative Guide Memorandum 62.
Thank you for your cooperation in ensuring the observation of these guidelines.
