He makes copies of the book for the class.įAIR USE? No. SCENARIO 5: A professor wishes to use a textbook he considers to be too expensive. Instructors typically delegate this task to one of the following: clearance services, university bookstores or copy shops, or Department administration. It's the instructor's obligation to obtain clearance for materials used in class. The professor plans to distribute the materials to his class as a coursepack.įAIR USE? Generally speaking, you need to obtain permission before reproducing copyrighted materials for an academic coursepack. SCENARIO 3: A professor copies excerpts of documents, including copyrighted text books and journals, from various sources. If access to the web page is restricted, then it is more likely to be fair use. No exclusively educational purpose can be guaranteed by putting the article on the web, and such conduct would arguably violate the copyright holder's right of public distribution. He wants to scan an article from a copyrighted journal and add it to his web page.įAIR USE? No, if access is open to the public, then this use is probably not a fair use. SCENARIO 2: A professor has posted his class notes on a web page available to the public. Repeated use, as well as a large class size, may weigh against fair use. However, the repeated use of a copyrighted work, from term-to-term, requires more scrutiny in a fair use evaluation.

Distribution of multiple copies for classroom use is fair use. SCENARIO 1: A professor copies one article from a periodical for distribution to the class.įAIR USE? Yes.

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