Copyright and Fair Use

Course Packs

Course Packs can be a useful way to reduce student costs by providing access to only the specific materials that are needed rather than requiring them to purchase a textbook. 

But in order to assemble a course pack, both Graphics and the Bookstore will require you to complete a form indicating that you are in compliance with copyright. This means you must provide evidence that you have either gained permission from the rights holder or that the work is in the public domain. 

When signing a form for Graphics or the Bookstore, realize that the following DO NOT qualify as copyright clearance:

• Printing out a copy of an article in one of the library's databases and assuming that makes it okay "because the library's paid for it." Database licenses do not typically permit multiple copies. If you want to use an article in the library's databases, the way to do this is by providing an article's permanent link to articles that you want students to use. They can then retrieve them for themselves. 
• The author emailed me that it was okay. Often an author may not be the copyright holder, especially when it comes to articles or materials created as part of employment. Frequently ownership belongs to the publisher, not the owner. In other cases, depending on the circumstance of creation, it may belong to the organization to which the individual is (or was) connected. (For example, see DACC's policy, especially paragraph 2.) Additionally, clearance must be very specific in terms of the use.
  • The best process is to contact the publisher first, by fax or traditional mail (not email). And plan on doing so 4 to 9 weeks before your class begins. Stanford University Libraries' web site provides a sample form to use when requesting permission. 
• It's in the public domain, so no problem! Not necessarily. Remember out-of-print is not the same as public domain. Consult the Public Domain tab for tools to ascertain when a particular work has entered the public domain and information about potential problems. Also remember that a particular "expression" of a public domain work, such as an edition of a Shakespeare play with extensive footnotes, may include copyrighted material produced much later depending on the nature of the supporting apparatus (introductions, notes, etc.) You can also use material with Creative Commons licenses by meeting the use restrictions.

Your course pack should include a page acknowledging the copyright notices of the included works. When requesting permission, ask the owner to indicate exactly how this notice should appear.