Fair Use: Overview and Meaning for Higher Education
CETUS (Consortium for Educational Technology in University Systems)




Myths and Fair Use

© Myth: It doesn't say it's copyrighted!

As of March 1, 1989, the copyright warning does not have to appear for a work to be legally copyrighted. However, it is a good idea to remind people of your copyrights by including:

© 1997 by [your name]
Copyright by [your name]

Consider adding statements that grant permission or restrict use, such as:

"Permission is given to copy this work provided credit is given and copies are not intended for sale."

"Use or inclusion of any portion of this document in another work intended for commercial use will require permission from the copyright owner."

© Myth: It's OK--it's for education. Before you include someone else's work without permission, consider ALL 4 of the fair use factors:

  1. Purpose and character of use
  2. Nature of the copyrighted work
  3. Amount, substantiality
  4. Effect

Review the law, US Code, Title 17, Sect. 107 and see interpretations by Georgia Harper at University of Texas at Austin.

University Libraries' Copyright homepage

Send your questions, comments, or concerns about University Libraries' copyright information and policies to Gail McMillan, director, Scholarly Communications Project http://scholar.lib.vt.edu

Jan. 6, 1998; updated Sept. 7, 1998 (GMc)
[Scholarly Communications Project]