Text, Journals and Magazine Articles

Text, Journals & Magazine Articles

Sometimes educators think it is o.k. to use materials without getting copyright permission because they are using them for educational purposes, but that is not sufficient logic to determine that Fair Use applies and that they have permission. Below are typical college scenarios to consider.
Email more questions to brucec@iecc.edu

Take time to work through the Fair Use Checklist to verify and document what you plan to do. Keep the checklist in your files for future reference should questions about usage arise. Your intent and purpose for use are key points for potential lawsuits. http://www.iecc.edu/occ/lrc/copycklst.htm

The Copyright Clearance Center is a good place to check use privileges or to obtain permission for using text in educational settings. http://www.copyright.com/

Scenario #1 -- Copying Articles for Class

Question
I just found this fabulous article 10 minutes before class that is a perfect example of an argumentative essay. It is better than any article I've ever seen. Can I copy it for this one class this one time?

Answer
Using the Fair Use Checklist at http://www.iecc.edu/occ/lrc/copycklst.htm you will see that Fair Use factors in this instance are split 50-50. You would qualify for the Purpose and Nature of the material, but not the Amount since you are using the full article. The Effect your using it would have on market value could also lean against this type of copying. But, since your idea of using it in class is spontaneous, you might be able to justify using the article this one time, especially if you get copyright permission for using it in the future, should you choose to do that, or if you purchase the article for future use.

Educational Guidelines for educational use of text materials have been adopted by copyright owners and educators with specific restrictions. Guidelines are not copyright law, however, so checking with the publisher first is highly advised. Quantity used is a big factor in what is allowable. Here are some examples of what an instructor may make one copy to hand out in class, according to Educational Guidelines.

a chapter from a book
an article from a periodical or newspaper (better practice is to use an OCC licensed electronic database and point the student to a specific article)
a short story
a short essay
a short poem
a chart, graph, or diagram
a drawing, cartoon, or picture from a book, magazines, or newspaper

Better Strategies
Are you sure it's the best article you've seen for this purpose?
Have you tried searching an electronic journal source available to faculty and staff and licensed to your college?
Have you checked your textbook or with your librarian?

More Information
346.7304 Stim, Richard. Getting Permission: How to License & Clear Copyrighted Materials Online & Off. 2nd. Berkeley, CA: NOLO, 2004.
STI See Chapter 2 ("Getting Permission to Use Text") & Chapter 7 ("Academic and Educational Permissions"), pg. 15

Scenario #2 -- Copying Chapters from Textbooks for Class

Question
My class enrollment is higher than expected and the bookstore didn't order enough textbooks. I want my students to get started with their reading the first class period. Since I'm short several textbooks, can I copy the first few chapters for these students to use until more copies arrive from the publisher?

Answer
Educational Guidelines for educational use of text materials have been adopted by copyright owners and educators with specific restrictions. Guidelines are not copyright law, however, so checking with the publisher first is highly advised.

Under the Educational Guidelines, instructors are permitted to

photocopy one chapter one time from a textbook
copies cannot exceed the number of students in the class
a notice of copyright must be present on each copy.