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Copyright

Fair Use

The four aspects of Fair Use. All four of the following requirements must be meet in order to claim "Fair Use" in the court of law. 

  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.

For more information on Fair Use see, Cornell Univesity Law School.

Campus Guidance on Fair Use

Classroom Copying and Coursepaks (see also Yale's https://ogc.yale.edu/ogc/copyright-academic-copying-and-student-course-packets) Please take special note of the following:

  • The "spontaneity" guideline precludes repetitive "fair use" of a work from semester to semester!
  • Students should not be charged for materials that are copied under the fair use guidelines.
  • Copying should be limited to single chapters, single articles from a journal issue, several charts, graphs or illustrations or other similarly small parts of a work.

Multimedia works created as part of class assignments:

  • Students and educators may "fairly" use parts of copyrighted materials when creating multimedia works
    • For a specific course or as part of the JCU curriculum, including for exams and distance learning
  • Students may use their course created multimedia work as part of a portfolio related to grad school applications or job interviews.
  • Educators may "display" their multimedia work at professional symposia.
  • Relatively small portions of materials may be used and multiple copies should not be made.

Digital Images (see also U. Illinois at Chicago's https://researchguides.uic.edu/copyright/images ) Please note the following:

  • Link to the images if possible rather than making an electronic copy available to students. 
  • If copying an image, use the lowest image resolution possible to achieve your purpose.
  • Avoid copying images from materials created and marketed primarily for use in courses such as the one at hand (e.g. from a textbook, workbook, or other instructional materials designed for the course).
  • Make sure that the images serve a pedagogical purpose. Avoid using images as "windowdressing," or for aesthetic purposes only. 
  • Place the images in the context of the course, explaining why they were chosen and what they are intended to illustrate.
  • Limit access to the images to students enrolled in the course.
  • Notify students that images are being made available for teaching, study, and research only.
  • Provide attributions to known copyright owners.

Campus Website

From the website for the campus copyright policy,

"This document sets forth policies on the use of others’ works by John Carroll University faculty, administrators, staff, and students. In addition, it addresses the management of copyrighted works created by JCU faculty, administrators, staff, and students. These policies are designed to (a) provide JCU community members with guidance about the use of copyrighted works; (b) protect the author’s and the university’s interests in works created by JCU community members; and (c) educate the entire university community about copyright laws and rules."