Copyright and Fair Use 2025
- Copyright Basics
- Public Domain and Creative Commons
- Fair Use
- For Faculty
- For Students
- For Graduate Students
- Permissions
- Copyright Books
- SHU copyright policy This link opens in a new window
Special Note regarding Survey Instruments
Please be aware that in the majority of cases, you (or you students) need express written permission from the copyright holder to use survey instruments (questionnaires etc.) in your research. Many individual copyright holders ask only that you obtain permission and acknowledge them in any publications, including dissertations and theses, but some instruments require a fee.
IMPORTANT: obtaining permission to use an instrument does not give you the right to publish the instrument itself, or provide a link to it. Doing so is violation of copyright and can lead to legal action.
Common Copyright Scenarios
Textbooks
A professor assigns textbook he considers to be too expensive. He makes copies of the book for the class.
FAIR USE? No. Although the use is educational, the professor is using the entire work, and by providing copies of the entire book to his students, he has affected the market. The professor may place a copy of the physical book on COURSE RESERVE
Also, do check the library's resources for a suitable eBook or OPEN EDUCATIONAL RESOURCE, or find a cheaper alternative.
Journal Article for Classroom Use
A professor copies one article from a periodical for distribution to the class.
FAIR USE? Yes. Distribution of multiple copies for classroom use is fair use. However, the repeated use of a copyrighted work, from term-to-term, requires more scrutiny in a fair use evaluation. Repeated use, as well as a large class size, may weigh against fair use.
Posting Copyrighted Article to Web Page
A professor has posted his class notes on a web page available to the public. He wants to scan an article from a copyrighted journal and add it to his web page.
FAIR USE? No, if access is open to the public, then this use is probably not a 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. If access to the web page is restricted, then it is more likely to be fair use.
Public Domain Materials
A teacher copies a Shakespearian play from a copyrighted anthology.
FAIR USE? Yes. The play is in the public domain and not subject to copyright protection.
Journal Article for Personal Use
A professor wishes to make a copy of an article from a copyrighted periodical for her files to use later.
FAIR USE? Yes. This is a classic example of personal fair use so long as the professor uses the article for her personal files and reference.
Out-of-Print-Book
A library has a book that is out of print and unavailable. The book is an important one in the professor's field that she needs for her research. The professor would like to copy the book for her files.
FAIR USE? Yes. This is another example of personal use. If one engages in the fair use analysis, one finds that: (1) the purpose of the use is educational versus commercial; (2) the professor is using the book, a creative work, for research purposes; (3) copying the entire book would normally exceed the bounds of fair use, however, since the book is out of print and no longer available from any other source, the copying is acceptable; (4) finally, the copying will have no impact on the market for the book because the book is no longer available from any other source.
Obtaining Permission
Permission from copyright holders is often needed when creating course materials, research papers, and web sites. You need to obtain permission when you use a work in a way that infringes on the exclusive rights granted to a copyright holder (i.e. outside the boundaries of fair use).
Steps that need to be followed to obtain permission to use copyrighted material:
- Determine if permission is needed for the work you want to use.
- Identify the copyright holder or agent.
- Send written request for permission to use. Remember to give yourself ample lead time, as the process for obtaining permissions can take months. Decide if you are willing to pay a licensing fee/royalty.
- If the copyright holder can't be located or is unresponsive (or if you are unwilling to pay a license fee), be prepared to use a limited amount that qualifies for fair use, or use alternative material.