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FAQs

I have been asked to distribute copyrighted materials to a class as part of my job. How do I know if it is OK to do so?

You have a few options. If the materials are being prepared for use in a course, fair use provisions may or may not apply. The best way to know for sure is to ask the faculty member associated with the course if they have done a four-factors analysis for any of the given works. You can browse this web site for further information about a variety of material types such as text, recorded audio, films and other resources.

There have been a number of attempts to establish clear guidelines for different media types and uses associated with fair use. One such set of guidelines is known as the classrooms guidelines, which includes a list of accepted uses of textual materials that are still under copyright <http://www.lib.umn.edu/copyright/classguide.phtml>. The best way to assess if a proposed use falls under the fair use provision is to consider it in light of the four factors test. The classroom guidelines provide a minimal interpretation of uses that can be considered fair use. However, the best assessment of appropriate fair uses is the four-factors test.

Finally, there is an increasing trend to include clear descriptions of appropriate uses of copyrighted materials with the copyrighted material itself. Some copyright holders have begun to indicate appropriate uses of a given work through Creative Commons license agreements that may, for example, allow for noncommercial uses. <http://creativecommons.org/licenses/by-nc-nd/2.5/>.

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