Copyrighted Materials Reproduction
When considering the educational use of copyrighted material for course packets, anthologies, classroom handouts or course reserves (both print and electronic), the policy of Bastyr University is to conform to all applicable laws, including U.S. Copyright Law (Copyright Act of 1976, Title 17 of the United States Code).
Employees are prohibited from making print or digital copies of copyrighted works unless the action:
- pertains to work that has been determined to meet the criteria for fair use, or
- is authorized by specific exemptions in the copyright law, or
- is authorized by licenses or written permission from the copyright owner.
(See http://www.copyright.gov/title17/92chap1.html#107 for information regarding Title 17, Sec.107 and limitations on exclusive rights and fair use.)
Limitations in the law permit the legal or fair use of copyrighted materials without permission from the copyright holder, under certain circumstances. These limitations, called the criteria of fair use, help determine whether a given material may be used for instructional purposes without seeking permission from the copyright holder. Assessing fair use is not clear-cut, and all four of the following factors must be considered:
- The purpose and character of the use, including whether it is intended for non-profit (educational) or for commercial (for profit) use
- The nature of the copyrighted work (published or non-published, fiction or non-fiction)
- The amount of the copyrighted work used in relation to the whole
- The commercial effect (Will it significantly affect the profits of the copyright holder, as is often the case for items used in successive quarters or years?)
Copyright Central, an informational and training resource on the University's intranet, MyBU, was created to assist faculty members in adhering to the U.S. Copyright Law. All core and adjunct faculty are required to complete the copyright training module from this site.
Faculty are also required to conduct and document a fair use analysis using the Fair Use Checklist, which is also on this site, in selecting materials for their courses. Issues and concerns regarding the appropriate educational use of copyrighted material not addressed by content posted at Copyright Central should be referred to the Office of the Provost.