- Why do I need permission to use a work?
When a work is protected by copyright, the holder of the copyright is given a set of exclusive rights over the work, including the right to copy, distribute, perform, and adapt the work. These rights are subject to a number of exceptions, including Fair Use and exemptions for classroom teaching.
Unless your use of a work meets the requirements of one of these exceptions, copyright law requires you to get permission from the copyright holder before using their work.
- If I want to use a work for educational purposes, isn't that Fair Use?
Possibly, but not necessarily. Fair Use allows limited use of copyrighted works without requiring permission from the copyright holder for a number of educational purposes -- commentary, criticism, research, teaching, or scholarship. However, it is important to remember that an educational purpose alone does not mean that your use will be protected as Fair Use. Copyright law sets forth a number of fact-specific criteria that must be evaluated to determine whether a use is "Fair."
Please refer to the Fair Use section of this guide for more information.
- Do I need permission to show a movie in class?
No, you do not need permission from the copyright holder to show a copyrighted movie in a face-to-face (i.e., not online) classroom. This is because copyright law provides for a specific exemption that allows performances or displays of works during face-to-face teaching activities at nonprofit educational institutions, whether in the classroom or in a "similar place devoted to instruction." This exemption applies not just to movies, but to any copyrighted work.
This exemption does not extend to situations where you have reason to believe that the copy of the work was "not lawfully made," e.g. an illegally copied DVD.
- What about to make copies of course readings for my students?
Before making copies, you should check whether course readings can be made available through direct links by a library resource --
if the material you wish to distribute already has been licensed by the library, you will not need to worry about getting permission. However, if the work you wish to distribute has not been licensed by the library, then you should consult the
four factors of fair use prior to disseminating the materials.
- Do I need permission to link to materials on the web?
Generally, providing links to materials on the web does not require the permission of the copyright holder.
It is a good rule of thumb to use linking to provide access to copyrighted materials whenever possible, rather than posting PDFs or otherwise reproducing web materials.
- Do I need to get permission in writing?
You should make a habit of getting permission in writing whenever possible. Having a record of the grant of permission offers you greater protection should questions or disputes arise in the future.
Depending on how you plan to use the work, you may need documentary evidence to show others that you have the permission of the copyright holder. For example, many publishers will require written proof of permission in order to include copyrighted works in your own publication.
