Copyright Basics

The following material has been prepared by the WCC Library to assist the college community in understanding their rights and responsibilities in using copy-protected material.

Teaching With Copyrighted Materials

The Copyright Act includes numerous exceptions that permit you to display or perform a copy-protected work without seeking prior permission.  The use must be related to your instruction. The TEACH Act provides a similar but not identical exception for instruction in the online environment.

Fair Use in General

Think about what you are using, how much you are using it, and whether your use is hurting the value of the work. Only the courts can definitively decide whether a use is 'Fair' or 'Infringing' which can be frustrating and confusing if you are looking for a simple yes/no answer. However, there are ways to minimize your risk. For example, ask yourself if your use is 'Transformative' in nature by considering your responses to:

• Has the material you have taken from the original work been transformed by adding new expression or meaning?
• Was value added to the original by creating new information, new aesthetics, new insights, and understandings?

You may want to evaluate your use against the same factors that the courts use:

1. the purpose and character of your use
2. the nature of the work your are using
3. the amount and substantiality you are using
4. the effect of your use on the market for the original

Please understand that Fair Use is not a checklist nor is it a vote where the majority of factors rules. Fair use is about striking a balance that permits use for the public good that does not do too much harm to the creator of the original work. Watch an illustrative video of Fair Use in music creation from William & Mary Libraries.

Additional Copyright Assistance

Please contact OER Librarian Ro McKernan for additional assistance with copyright or OER licenses.