Trout Library follows U.S. copyright law (Title 17, United States Code) governing the reproduction of copyrighted materials.
Libraries and archives can provide copies under specific conditions, primarily for private study, scholarship, or research. Using these reproductions for purposes beyond "fair use" may lead to copyright infringement liability for the user.
This guide is for educational purposes and should not be interpreted as legal advice.
We follow copyright law and fair use guidelines. You can photocopy up to 10% of a textbook or one chapter, whichever is less. Multiple chapters cannot be copied at the same time.
Please keep these limits in mind when using the library’s printers and copiers. While we do not track textbook usage, we trust you to follow these guidelines.
You may need to seek permission to use material under copyright.
Follow the steps below. It is advisable to start this process early.
Creative Commons licenses allow creators to grant permissions with specific conditions, such as attribution. For more details, visit Creative Commons’ About the Licenses and Use and Remix.
Open Access provides freely available research, often with few restrictions. Access content via the Directory of Open Access Journals, Directory of Open Access Books, and Public Library of Science.
Public Domain works are free to use due to expired or relinquished copyrights. Verifying a work’s status can be complex, but resources like Project Gutenberg, Internet Archive, and Google Books offer access. In the U.S., works typically enter the public domain 70 years after the creator’s death or if published before 1925. See Cornell University’s Copyright Term and the Public Domain for more information.
Orphan Works have unknown or unreachable copyright holders. Use cautiously, ensuring fair use applies, or avoid them.
Copyright rules differ between online and face-to-face learning environments. This section provides an overview of copyright guidelines specific to online education, following best practices from the Copyright Clearance Center's document, Using Course Management Systems: Guidelines and Best Practices for Copyright Compliance.
Using platforms like Canvas does not exempt users from copyright laws. It is important to be cautious and seek permission if fair use does not apply. Below are key best practices for ensuring copyright compliance.
Permitted
Use the permalink for the journal article provided in Trout Library databases. If you need assistance finding it, contact us at 610-526-6085 or email library@harcum.edu.
Provide a list of citations and teach students how to locate articles by citation. Alternatively, schedule for a librarian to provide this instruction.
Post one scanned article per semester. For repeated use, obtain permission from the copyright holder.
Link to or embed videos from Kanopy.
Link to brief excerpts from eBooks in our library databases.
Link to websites containing copyrighted material.
Post a relevant image for instructional purposes, ensuring it's used for one semester and then removed. For repeated use, secure permission from the copyright owner, or use Creative Commons or public domain images.
Post a chapter that is 5% or less of the whole book for one semester. For multiple semesters, seek permission from the publisher or use open educational resources.
Not Permitted
Posting more than 5% of an in-print book or more than 10% of an out-of-print book without written permission from the copyright holder. Always seek permission.
Uploading an entire film copied from a DVD. Obtain a streaming license to show the entire film, or display a short clip (up to 10% or 3 minutes, whichever is less).
Posting a scanned article for multiple semesters without permission from the copyright holder.
Posting a copyrighted image for more than one semester without permission.
Posting copyrighted material without obtaining permission, or using material for which permission was denied. Find alternative resources or negotiate new terms.
Failing to provide proper attribution for materials, including those in the public domain, open access, or under Creative Commons licenses.
Linking to illegal copies of copyrighted works. Ensure links direct to lawfully obtained materials.
When in doubt, seek permission from the copyright holder or use alternatives available in the public domain or under Creative Commons licenses.
Fair Use, outlined in Section 107 of the Copyright Act, allows limited use of copyrighted material without permission, but it is a legal defense rather than a right. To determine if your use qualifies as fair use, consider the following four factors:
Be sure the material is directly relevant to your teaching and used in a transformative manner that adds new value or insight.
Use factual or non-fiction material that supports your educational goals. Fair use generally does not apply to highly creative or fictional works.
Use only the minimum amount necessary to achieve your educational purpose. Avoid using portions that are central or essential to the work.
If the material is intended for the educational market, it may not qualify for fair use unless it is an Open Educational Resource. Consider recommending that students purchase the material or obtaining permission from the publisher. Ensure your copy is lawfully acquired.
For a detailed analysis, you can use the ALA Fair Use Evaluator Tool to guide your assessment and keep a record of your evaluation for reference.
Additionally, the Center for Media and Social Impact offers comprehensive Codes of Best Practices for fair use across various media types and industries, including academics.
For guidelines on photocopying materials for face-to-face instruction, refer to the U.S. Copyright Office's Circular 21, Reproduction of Copyrighted Works by Educators and Librarians.
While Fair Use can apply to images, it is recommended to use images in the public domain or with Creative Commons license. Always cite an image.
If the film you want to use is not in the public domain, you have two options. You can contact organizations like Swank or Criterion, which distribute film licenses, though this may involve a cost. Alternatively, you can use a short clip from the film—up to 10% of its total length or 3 minutes, whichever is shorter.
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