Copyright and the University Community Introduction

A primary mission of the University community is the exchange and development of ideas and information. This brings us into daily contact with the expressions of those ideas embodied in print media, audio and video media, and computer media, among others. Universities are the producers as well as consumers of such expression. Many of the works containing these ideas are copyright protected and the consequences of infringement can be quite serious, therefore, an understanding of the impact of the copyright laws on our ability to utilize these works is very important.

The purpose of this monograph is to explain the current state of copyright law as it affects the use of copyright material by the University community, and to point out the risks involved when those materials are copied or, in the case of audio and visual works, performed. The copyright law is intended to increase the free flow of ideas in order to further progress in science and the arts. This requires balancing the incentives given to authors to create works (the exclusive rights of reproduction, distribution, performance, etc.) against free access of others to the ideas contained in those works. It is easy to imagine that a system seriously out of balance either way would hurt progress in science and the arts; no protection for authors might mean that fewer would be willing to invest the time and energy to create works; total control for authors or publishers over their works might severely restrict the public's use of the ideas contained in the works to develop new or derivative works or ideas.

"Fair use" is the concept that provides balance between the two extremes. This monograph attempts to describe what can lawfully be done with copyrighted works without permission from the author, including uses that are within the boundaries of fair use and uses that are within other statutory exemptions from liability for infringement. For a number of reasons this is not easily accomplished. There is much debate about what is fair use and what is not. Therefore, what follows is an attempt to explain the concept of fair use based upon a good faith reading of the statutes and cases addressing the issue, and the risks that are involved when copying goes beyond the bounds of fair use or other exemptions. Ultimately, fair use is what the courts decide it is on a case-by-case basis, taking into account all of the facts in a particular case.

The Articles

University Copy Centers: Do They Pass the Fair Use Test?

Permissible Copying of Software

Video, Audio and Radio

Professional Fair Use

System Policy on Copying Copyrighted Materials

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Crash Course in Copyright | Intellectual Property Section | Office of General Counsel