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FAIR USE DECLARATION
FAIR
USE NOTICE. The Website may contain copyrighted material the use of
which may not always be specifically authorized by the copyright owner.
In such a case we are making the material available in our efforts
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States Code: Title 17, Section 106 Chapter 1 - Subject Matter And
Scope of Copyright.
Subject to sections 107 through 120, the owner of copyright under
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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.
MEMO REFERENCE
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 site http://fairuse.stanford.edu.
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.
The information comprised on the Website is not offered or held to
be a solicitation of the views, ideas or policies explained or represented
in stories, articles and editorials offered. It is being presented
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"How can my email have a virus?
It says, 'I love you.'"
Caution:Use discretion when browsing the Web.
Do not believe everything you see, hear or think.
"Do
not believe in anything simply because you have heard it. Do not believe
in
anything simply because it is spoken and rumored by many. Do not believe
in
anything simply because it is found written in your religious books.
Do not believe
in anything merely on the authority of your teachers and elders. Do
not believe in
traditions because they have been handed down for many generations.
But after
observation and analysis, when you find that anything agrees with
reason and is
conducive to the good and benefit of one and all, then accept it and
live up to it.” Siddhartha
Gautama Buddha
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
