Smith College will take appropriate measures to ensure that its students, faculty and staff are aware of copyright laws, regulations and agreements and can act responsibly as they use information that is owned by others in the course of teaching, learning, research or administration of the College. All members of the Smith College community are required to comply with copyright laws. Federal copyright laws provide valuable protection to the authors of original works, and Smith College expects all members of the Smith community to respect those rights. Copyright laws also permit users of copyrighted works to make fair use of copyrighted materials under some limited circumstances. Smith College is committed to full support of the fair use of copyrighted works by the Smith College community under the provisions of applicable laws. The Smith College community are expected to have knowledge of, and make reasonable application of, the four factors of fair use (see below). Failure to comply with copyright laws and to act in good faith in the fair use of copyrighted material will result in a Smith College community member assuming liability for his or her actions and may result in disciplinary action.

To help members of the Smith community understand and comply with copyright laws, this document summarizes basic principles of copyright law including the application of the fair use balancing test. References (links) to appropriate sections of the Practical Assistance (see below) are also made to explain concepts included in these principles.

Copyright law is inherently complex. A fair use of a copyrighted work depends upon a specific determination based upon the circumstances of the use. New information technologies, e.g., digital information and networked environments, have introduced a wholly new, and in many ways transformed, working environment for the application of copyright. These principles are intended to provide an initial context for complying with the law.

Principle 1: The copyright holder has important and exclusive rights. Copyright law protects original works such as writings, music, visual arts, and films by giving the copyright holder a set of exclusive rights in that work. These rights include the right to copy, distribute, adapt, perform, display, and create derivative or collected works. In general, any use of copyrighted materials requires permission from, and potentially payment of royalties to, the copyright holder unless the use falls within an exemption in the law, such as the fair use exemption.

Principle 2: Responsible decision making means that Smith College community members must make demonstrable good faith efforts to understand the fundamentals of copyright law and the reasonable application of fair use. When Smith College community members plan to use a copyrighted work in their teaching or research, they must examine the specifics of their use within the context of the law in order to determine whether they should seek permission for the use or depend instead upon the fair use exemption.

Principle 3: An appropriate exercise of fair use depends on a case-by-case application and balancing of four factors as set forth in a statute enacted by Congress. A proper determination of fair use — in daily practice and in the courts — requires applying these four factors to the specific circumstances of the use:

Four Factors Used to Determine Fair Use

• Purpose or character of the use
• Nature of the copyrighted work being used
• Amount and substantiality of the work being used
• Effect of the use on the market for or value of the original

These factors must be evaluated to determine whether most of them weigh in favor of or against fair use.

Principle 4: Nonprofit educational purposes are generally favored in the application of the four factors of fair use, but an educational use does not by itself make the use a “fair use.“ One must always consider and weigh all four factors of fair use together. The educational purpose of Smith College will usually weight the first of the four factors, the purpose or character of the use, in favor of fair use. However, an educational use does not mean that the use is, by that factor alone, a fair use. All four factors must be weighed in making a decision.

Principle 5: Reasonable people — including judges and legislators — can and will differ in their understanding of fair use. Copyright law rarely offers a definitive meaning of fair use for any specific application. Thus, the real meaning of fair use depends on a reasoned and responsible application of the four factors. One person’s judgment and situation may not match the next, and the differences may be based on variations in facts and circumstances.

Principle 6: By acting responsibly and by making considered and intentional decisions, you can limit your potential liability; document your reasoning for a fair use. Because of the flexible and interpretive nature of fair use, Congress provided significant protection for educators. Not only does the fair use exception apply particularly to educational purposes, but additional laws may limit the monetary liability that educators may potentially face. In any event, however, educators must hold a reasonable and good-faith belief that their activities are fair use in light of the four factors. By documenting your application of the four factors of fair use to your specific use, you will be better able to demonstrate your activities were done in good faith.

Principle 7: Guidelines, while sometimes helpful, do not determine the entire breadth and scope of fair use protection. In an attempt to clarify the meaning of fair use for common situations, various private parties have negotiated guidelines, but those externally developed guidelines are sometimes inappropriate for the realistic application of fair use to higher education. Such guidelines may be consulted by courts in making fair use determinations, but the guidelines are not binding either as limiting permissible activity or as providing safe harbors. Fair use must be determined according to the circumstances of each situation.

Class handouts, photocopies for library reserves, online posting (e.g. Moodle)

Each faculty member is responsible for obtaining or arranging to obtain copyright permissions for classroom handouts, photocopies for library reserve use or online posting of materials (e.g., on Moodle). Please submit requests for permissions at least six weeks before the material is needed as the process can be slow, especially when dealing directly with a publisher. If permission is denied, or cannot be obtained in time, alternate material must be found.

In general, costs of securing copyright permission are charged to Smith’s copyright compliance fund, managed by the Purchasing Office. Department administrative assistants have the account numbers.

Whenever possible, use the Copyright Clearance Center (CCC), a centralized service for requesting permissions and paying royalties. Department administrative assistants will process requests on the CCC website. CCC sets limits of 25% of a book and two articles per periodical issue. For further information about CCC services, contact Susan Fliss, or consult the CCC website.

For items not listed with the CCC, contact the publisher or copyright holder directly. Many publishers now grant permissions via phone, fax, e-mail, website, etc. For assistance identifying and locating publishers, search using Google or contact the Neilson Library service desk, x2910, or the branch libraries

Course packs

If you wish to use a course pack, please contact the Grecourt Book Shop, bookorders@smith.edu, 413-585-4140.

• Fair Use Checklist (Columbia University)
• Copyright Term and the Public Domain in the United States (Cornell University)
• Limitations on Exclusive Rights: Fair Use (Cornell Law School, Legal Information Institute)
• U.S. Copyright Law: A Guide for Music Educators (National Association for Music Education)
• Copyright Crash Course (University of Texas)
• Know Your Copy Rights (Association of Research Libraries)
• General Guidelines for Using Images (Smith College Libraries)
• Fair Use Library (Center for Media & Social Impact)
• Copyright & Fair Use: Charts and Tools (Stanford University)

Guidelines