This page provides answers to frequently asked questions about copyright for the Dickinson College community. You should also review the Dickinson College Copyright Use Policy. Copyright issues are ever evolving as technology and information sharing options and opportunities explode around us. The current economic, social, and legal landscape makes an understanding of copyright law not just widely relevant, but also challenging. These FAQs offer information on some frequently encountered copyright questions.
How do I determine if my intended use qualifies as “fair use”?
All four fair use factors must be weighed in deciding if this exception to copyright applies in a particular circumstance. This Fair Use Evaluator can help you decide if your intended use is "fair use" and create documentation of your fair use analysis for your records.
How do I know if a work is already in the “public domain” and thus can be used freely?
“A work of authorship is in the ‘public domain’ if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.” (from U.S. Copyright Office Definitions - FAQ). Out of print works may still be protected by copyright. Works published freely on the Internet may still be protected by copyright. For guidelines to determine if a work is in the public domain, see the American Library Association’s Office for Information Technology Policy “digital copyright slider” at: http://librarycopyright.net/resources/digitalslider/
These sites also provide the ability to search for works in the public domain.
If you cannot find what you need in the public domain, consider using resources with a Creative Commons license that allows for reuse of material for free for educational purposes, provided there is attribution to the creator of the work. Several different versions of Creative Commons licenses exist; review the applicable license terms for the work you wish to use.
I have determined that my desired use probably does not fall under the “fair use” exception, nor is the work in the public domain. How do I request permission to use the work at no cost?
[NOTE: Contact the Bookstore for questions regarding course packs.]
First you will need to verify who currently owns the copyright, as it may not be the original author of the work. For journal articles, it is often the journal publisher; for films, it is often the distributor. Check the website of the publisher or film distributor as they often have a web form or a contact email you can use to request permission. You will need to provide details of your intended use (type of use, size of audience, if use will be private or restricted or open to the public). You should get written permission for your intended use (an e-mail response if fine). If you do not get an explicit written or email response from the current copyright holder giving permission, you may not use the work outside of fair use or other exemptions permitted by copyright law. If a work has a “Creative Commons” license, you should examine that license for permitted uses.
Is it “fair use” for me to post an entire work that is copyrighted (full length film, entire songs, full-text) in Moodle?
A general principle is to use only as much of a work as is needed -- in compliance with the four factors of the fair use exception -- to meet your educational objectives unless you obtain a license or written permission to use more. Under fair use, it is best to provide only a link to a legal copy, such as an “open access” copy on the Internet or a link to a digital copy owned by the library or available through a library subscription. For films, some streaming services have "clipping" tools, or Academic Technology may be able to digitize a small portion or clip within the guidelines of fair use. This short segment can then be placed on your course site. The library has purchased or subscribed to some collections of online streamed films, to which you may link. The library also subscribes to collections of streaming audio, to which you may link. With popular songs, as with video, it is best to only use a short clip or sample under the guidelines of fair use. However, if you can find a legal online version of the song, it may be easier to simply link to it. [See the Moodle/Brightspace (D2L) Best Practices section of this guide for additional tips.]
My department/student club wants to host an extra-curricular film series for group showings of films on DVD from the library and our personal collections. (This is not a required course session.)
You may show the film IF you have “performance rights” or written permission from the current copyright holder, typically the film distributor. For more information on obtaining performance rights, see: https://libguides.dickinson.edu/copyright/filmperformancerights.
I would like to use my personal streaming account to host a group showing of a film for my club/campus group.
You will need to review the current terms of your streaming subscription to determine if this use is allowed.
Some friends and I just want to watch movies in the dorm for fun. Is that okay?
Casual viewing of films by small groups of students in their dorm rooms is typically permitted as “home” use.
Will Academic Technology make digital copies of a film for me? (or copy LPs to CD, or digitize a DVD to stream on Moodle/Brightspace (D2L), or copy my VHS tape to DVD, etc).
Copyright law does not allow routine copying of films to a different format. Some exceptions may apply depending on the nature of the film and your educational purpose. Contact Academic Technology or the Library to discuss options for meeting your educational objectives. For course use, the library may be able to purchase a copy or license for the film in your desired format. If you want your students to view the entire film outside of class time, you may place a legal DVD copy on reserve, or request that a Library's copy be purchased and placed on reserve. The library has also purchased or subscribed to several large collections of online streamed films, to which you may link from your course site.
(Forms for requesting reserves services or film purchases are on the Library's Faculty & Staff Services page.)
I am creating a flyer/poster for a campus event, and would like to include images I found on the Internet. Is this okay?
Any image found on the Internet may be copyrighted, and thus you should not assume you may use it in a flyer or poster without permission. Search the Creative Commons Openverse site for content “you can share, use and remix”. It is also possible to purchase “clip art” or “stock photo” collections that you may use in other works subject to the terms of the collection you have purchased.
I have a question about using material in a course pack. Who should I contact?
Questions concerning copyright for course packs can be directed to the college bookstore.
I want to make (or have LIS make) multiple copies to put on reserve at the Library because I have a large number of students who will need to use the material.
Making multiple copies to loan violates copyright law. Requests for the library to purchase multiple legal copies of a film for the library will be considered on a case-by-case basis, taking into consideration the cost and the number of students who will need access. Film purchase and reserves request forms are on the Library's Faculty & Staff Services page.
Are there copyright costs for my interlibrary loan?
Copyright Act Section 108 permits limited sharing of copyrighted materials via interlibrary loan (ILL) services under specific conditions. Any costs related to interlibrary loans for current students, faculty and staff are absorbed by the Library.
I need an entire issue/volume for my research. Can I submit individual requests for every article in a particular journal issue or volume?
You may submit requests for individual articles from the same journal or issue. The library will determine if and how the request can be fulfilled most cost-effectively, and will contact you if there are difficulties obtaining your requested materials.
I think material posted on the Dickinson website may violate copyright. Who can I contact about this?
If you believe your copyright has been infringed on a web site hosted by Dickinson, please contact the College's Office of General Counsel.