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Faculty Resources: Copyright & Plagiarism (Faculty)

Fair Use

Fair Use - Section 107: (Excerpted) Fair use of a copyrighted work for non-profit, educational purposes, such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright. A limited portion of any work may be used; however, use cannot affect the potential market for or value of the copyrighted work. Determining fair use is a complex process that involves a four-factor analysis that is critical to any good faith fair use assertion:

  1. Purpose and character of the use - whether it is for commercial or nonprofit educational uses, though not all educational uses are fair use.
  2. Nature of the work being copied - reproducing a factual work is more likely to be fair use than a creative work.
  3. Amount and significance of portion being copied - reproducing smaller portions of a work is more likely to be fair use than large or essential portions.
  4. Effect of the copying on the market for the original - uses which have no or little market impact are more likely to be fair than those that interfere with potential markets.

Acceptable materials generally include:

  • A single article from a journal issue.
  • A single chapter or less than 10% of a book.
  • Materials created by the faculty, such as lecture notes and exams.

The library promotes compliance with copyright legislation and aids Stockton students, faculty, and staff in following Fair Use guidelines.

Classroom Use

Face-to-Face Exemption - Section 110: (Classroom Use) Screening of a lawfully made and acquired work by instructors in the course of face-to-face teaching in a classroom devoted to instruction is not an infringement of copyright. Any presentation without the instructor present or not in a classroom would be an infringement.

The TEACH Act

 The TEACH ("Technology, Education and Copyright Harmonization") Act allows instructors to perform or display copyrighted works, such as streaming videos, in distance education environments with a number of restrictions. Here are some useful resources: