These rules have been made based on best practices of Section 107 (Fair Use) of the Copyright law recommended by American Library Association (ALA) and Association of College and Research Libraries (ACRL). It means if you follow these rules, you do not need to ask for permission from the copyright holder of the item you want to use. In case you need to use more than the amount described under these rules, you always have the option to ask for permission from the copyright holder, usually the publisher or the author/creator of the work.
The following rules applies to both library owned materials not in electronic format and legally acquired personal or borrowed items in any format.
The source of the following: US Copyright Office Circular 21, revised 2014.
Scanned portion of a printed book*: A chapter of a book (less than 1,000 words or %10 of the book whichever is less)**, a short story or a short essay (less than 2500 words) a short poem (less than 250 words), a chart, a graph, a diagram, a picture. Instructor must seek permission for use after one semester. Make sure the scanned material is "Read Only" (not printable, cannot be copied or downloaded).
*One work from a single author.
*If the book chapter is illustrated, each illustration, picture, image, chart, graph, etc. is copyrighted individually. You're limited to use one picture, illustration, etc.
*You should not exceed 9 instances of such postings during a semester.
**Excluding textbooks and course packs specifically created for distance learning.
*One work from a single author.
*If the journal article is illustrated, each illustration, picture, image, chart, graph, etc. is copyrighted individually. You're limited to use one picture, illustration, etc.
*You are also limited to use one article from a journal. Permission is required if more than one article from the same journal is needed.
*You should not exceed 9 instances of such postings during a semester.
*Using the same materials is limited to one semester only. In order to use the same materials in more than one semester you need to ask for permission from the copyright holder.
Scanned pictures, images, illustrations, charts, graphs, etc.*
*One work from a single photographer, illustrator, etc. Permission is required if more than one picture, illustration, etc. from the same photographer, illustrator, etc. is needed.
*You are also limited to use one picture or illustration from a journal. Permission is required if more than one picture, illustration, etc. from the same journal is needed.
*You should not exceed 9 instances of such postings during a semester.
*Using the same materials is limited to one semester only. In order to use the same materials in more than one semester you need to ask for permission from the copyright holder.
*Personal or borrowed items in print format: Use only legally acquired materials (not copies) and borrowed items from other libraries. Follow the above rules for amounts and time limit to use. Permission from copyright holders is required if the need is more than what has been stated in the rules.
*You should not exceed 9 instances of such postings during a semester.
Texts, pictures, illustrations, images, charts, graphs, etc. originally in electronic format:
Library subscribed databases (e-books, e-journals, etc.): Embed or create a persistent link (permalink) to an e-book, e-journal article, pictures (such as Artstor), audiovisual materials in databases, etc. Do not download the content in Canvas (this is an act of copying).
Internet: Embed or create a persistence link (permalink) to the website homepage. Do not download the content in Canvas (this is an act of copying). If linking to a part of a website is desired, be sure to give full credit to the author/ creator of the website. Make sure the website is legal and contains legitimate content. Make sure to follow the website’s terms of use. Avoid materials on websites clearly intended for personal use only. Follow this link for information about Open Educational Resources (OER) you can use in place of copyrighted materials.
Personal or borrowed items in electronic format: Use only legally acquired materials (not copies) and borrowed items from other libraries. Follow the above rules for amounts and time limit to use. Permission from copyright holders is required if the need is more than what has been stated in the rules.
Do the rules above apply to textbooks?
No. Note that one of the factors of "Fair Use" is the effect of using copyrighted materials on the market. Textbooks are books published exclusively for students to purchase. Copying textbooks means you are preventing the publishers to sell their product. Excuses such as faculty did not order textbooks on time, or the cost of textbooks are too much for the students, etc., do not place copying textbooks under fair use and will be considered an illegal act.
Generally, do not make copies of textbooks for your students. You can place a legally purchased copy of the textbook (Review copies, Desk copies given for free to the faculty need permission from the publishers) on library reserve for your students to access for one semester. For keeping the same textbook on reserve for successive semesters, you need to get permission from the copyright holder. Please see UIW Library Course Reserves Policy.
Do the rules above apply to published sample tests?
No. Please remember books containing sample test questions such as SAT, GMAT, etc. are treated like textbooks. Each question in these test books are copyrighted individually. So there is no minimum amount of use that falls under fair use. You need to get permission from the publisher to use these test books in class. Usually, they ask all the students in class to purchase a copy of the book.