The information included on this guide is intended for informational purposes only and is not and should not be taken as legal advice.
This set of pages has been designed with the job functions of Instruction and Liaison Librarians in mind. It focuses on communicating with faculty regarding copyright.
When discussing copyright with faculty, the goal is not to tell them definitively what they can and cannot do, but to help them better understand how copyright impacts their work. This will give them background information, and better equip them to make their own copyright decisions, as with Fair Use analyses.
When discussing copyright, always preface your comments by letting them know that you cannot and are not providing legal advice. Providing legal advice is illegal (unauthorized practice of law), and it increases your liability. If you are using written communication for the discussion, this could be as simple as stating, "Please note that I am not a lawyer, and I cannot give legal advice." For any legal questions, contact the SLCC Legal Counsel’s Office.
When making any sort of copyright decisions, like performing a Fair Use analysis, it is recommended that you document it. If you are talking to faculty about making copyright decisions, remind them of the importance of documentation; some tools, like the ALA Fair Use Evaluator, provide a time-stamped PDF of the decision. Although documenting a decision does not remove liability, it show that the Fair Use decision was made in "good faith," which could be helpful should the decision be challenged legally. Note that documentation is not legally required; however, it is strongly encouraged.
There are many excellent copyright resources, FAQs, and guides available to share with faculty members. As there are many situations when you cannot make a copyright decision on a faculty member's behalf - including Fair Use analyses - you may wish to direct them to these resources.
A common myth is that providing a citation allows for copyrighted material to be reused. However, citations typically are used to help avoid plagiarism, among other uses. Plagiarism and copyright infringement are not the same thing. Copyright infringement is a legal manner, and a faculty member may violate copyright even if they provide a citation. Instead, the material use should be allowed by one of the exceptions in copyright law, an open license, or other permissions. Learn more about how copyright differs from plagiarism:
