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 Reference Desk staff in mind, focusing on talking with students about copyright. As such, this information may be useful to any member of Library staff who interacts with patrons.
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?"
Likely not. 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 incorrect. 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. 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, a different open license, or in the public domain. Always check license terms to see how the image can be used. 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 provision. 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?"
Most likely. According to the Four Factors of Fair Use, satire is typically an acceptable "transformative" use of an image.
"There's a clip that I found in a movie that I want to use in my class. Is that okay to do?"
This type of question would likely come from a faculty member. To answer this question, you will need to gather more information. First, you must learn whether they are teaching online or face-to-face. Second, you must establish how much of the film they intend to use. Third, ascertain if the film will be 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.) Finally, the method for showing the film will matter. Using a Library's streaming media database, 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. Compulsory licensing agreements (paying a fee to the copyright holder) for music are common. Alternately, the patron may wish to look for a song with an open license that allows for commercial use to use instead.