How to Use Copyrighted Works

When determining whether or not you are able to use a work to which you do not own the copyright, there are five steps to consider: 

1. Is it protected by copyright?
   Works in the public domain are not protected by intellectual property rights. This includes: 

   • Works whose copyright has expired
     • Cornell Copyright Term and the Public Domain chart provides a detailed overview of whether or not a work is in the public domain. 
     • Depending on the year an item was published, the copyright renewal date might also be important. Stanford University Libraries maintains a database of Copyright Renewals from 1923-1963. 
   • Government documents: works prepared by employees of the federal government as part of their jobs are not protected by copyright. 

2. Is there a licensing option? 
   While licenses for use are often negotiated between the user and copyright owner, there are services that provide collective licenses such as the Copyright Clearance Center. 
   
   Creative Commons Licenses provide a way for creators to retain their rights to their works, while still allowing for free usage and adaptation of it. When a CC license is applied to a work, it means that anyone can use that work, as per the terms in the license, without having to contact the author/copyright holder for permission ahead of time. 
    

3. Is there a specific exception in copyright law that applies? 
   US Copyright Law does allow for certain exceptions to the exclusive rights granted to copyright owners. The more relevant exceptions to instructional usage include: 

   • Section 110: Classroom Exception: The performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction is not an infringement of copyright. 
   • TEACH Act (2002): Intended to extend the classroom exception to distance learning
   • Section 108: Library and Archives Exception: Outlines situations in which libraries and archives are permitted to make copies of items in their collections. 

4. Is this a Fair Use? 
   Another exception to consider is whether or not your planned use can be considered "fair." Fair Use allows for copyright-protected materials to be used without first obtaining permission from the copyright owner, or paying licensing fees,  for the purposes of "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Whether or not a use counts as "fair" is determined on a case by case basis by four factors: 

   1. The purpose and character of your use
   2. The nature of the copyrighted work
   3. The amount and substantiality of the portion taken, and
   4. The effect of the use upon the potential market.

RIT Libraries Fair Use Analysis Form 

5. Who do I ask for permission? 
   If none of the above options apply, your last resort may be to contact the copyright owner. In order to do so, you'll need to figure out who owns the copyright (the author? the publisher?) and the best way to reach them. This may involve negotiating a license with the owner, which can include fees. They may also choose not to grant permission to use it or you may not get a response. 

Other resources: 

• Digital Image Rights Computator from the Visual Resources Association