The information included on this guide is intended for informational purposes only and is not and should not be taken as legal advice.
Out of the many questions asked to reference staff, copyright related ones might be the most difficult to answer. In order to prepare you for the inevitable, here are some sample scenarios that might help you when these questions arise:
"Is it okay if a make a copy of a chapter from my school textbook?"
No, this is not acceptable. Instruct the student that they may either purchase the book at the bookstore or they can check out the textbook on reserve at the Circulation desk (if available).
Possible follow up: "But I thought it was okay to copy a chapter or 10% of a text."
Both of these assumptions are false. There is nothing found in current copyright law that protects individuals who copy material in these ways.
"There's an image I want to use for a presentation. Since I found it on the internet I should be allowed to use it, right?"
It depends. However, for the most part, this answer will be no. Objects found on the internet are created by individuals or groups, and they are still protected under copyright law. However, sometimes images are openly licensed in a way that students may use them. Look to see if the image has a Creative Commons license and see how the image can be used. If it doesn't have this type of license, try persuading them to use images found in the public domain. There are a variety of websites (e.g., Wikimedia Commons or Flickr) where students can find images to use.
For images that are not openly licensed, the student can use the ALA's Fair Use Evaluator to see if their use of the image falls under the fair use guidelines. Students may also seek permission to use the image.
"I'm working on an art project and I want to mock a photo I found in the news, can I use it?"
Yes, according to the Four Factors of Fair Use, it is acceptable to use the photo because the student plans to satirize the image.
"There's a clip that I found in a movie that I want to use in my class. Is that okay to do?"
To answer this question, you will need to gather more information. First, you must learn whether they are teaching online or face-to-face (if the question comes from a faculty member). (Learn why this matters on the Academic Services page.) Second, you must establish how much of the film they intend to use. If it's the entire movie, the answer is likely no. If it's just a clip, then this may be acceptable. Next, is the film being used for a transformative purpose? (Be aware that purpose only matters in online teaching, the display of a film in a face-to-face education setting does not require a specific purpose.) If they just want to show the clip in an online class because they think it's amusing, then they cannot use it. Say for instance though that the clip is from a World War I movie that shows a soldier dealing with shell shock. If the student is doing their presentation on the history of PTSD in the military, then this transforms the original clip into a educational tool. Therefore, it is okay for the student to use the clip. If the clip falls within those usable parameters, make sure that faculty member credits the work and properly cites it. Finally, the method for showing the film will matter. YouTube or a legally-acquired copy will likely be fine; showing a clip from a personal streaming service (e.g. Netflix) is not, due to their terms of use.
"I'd like to incorporate a song into my business commercial. How do I go about doing that?"
Unfortunately, the patron cannot just use the song in their commercial, assuming it is not openly licensed, because it would be considered copyright infringement. The patron may reach out to the copyright holder and ask for permission to use the song or otherwise license the song.