NCNM Faculty - Tutorials

Copyright Compliance Guidelines for Faculty

NCNM operates its programs in compliance with the copyright laws of the United States. These laws are complex, and it is not always easy to determine what constitutes "fair use" of copyrighted materials (that is, use without obtaining permission first) in the pursuit of educational goals. Here you will find some guidelines for determining when it is OK to distribute materials in your class (or post them to an electronic reserves system) without copyright permission, and when permission is required.

Copyright law provides authors and other creative artists the right to control how their work gets used. The most significant limitation on this right is delineated in the fair use doctrine. There are 4 general factors that determine fair use in any given case, though it is never simply a checklist recipe. The first factor pertains to the purpose and character of the use. Educational use is more likely to be considered fair use. The second factor pertains to the nature of the copyrighted work. The more factual and less artistic a work tends to be, the more likely it will be considered fair use. The third factor pertains to the amount and substantiality of the portion used. The more you use, the less likely it will be considered fair use. Finally, the fourth factor pertains to the effect of the use on the potential market for the copyrighted work. If the use significantly diminished the market, it is unlikely to qualify for fair use exemption.

In addition to the 4 general factors mentioned above, there are specific guidelines that govern photocopying for classroom use-and, by extension, scanning for use in electronic reserves. Copying by teachers must meet tests of brevity and spontaneity. Brevity refers to how much of the work you can copy (less is better, again), and spontaneity refers to how close to the time of actual need in class that you decided to make copies (the closer in time the better). Libraries and other college constituencies tend to interpret the spontaneity rule as a 1 term copy rule. If you use something for one term only, it is likely to be fair use; if you use it repeatedly (term after term), it is unlikely to be fair use.


Copyright tips for uploading to Electronic Reserves and Moodle Sites

What can be uploaded to a Moodle or electronic reserve site without permission from the copyright holder:

Permission from the copyright holder is required in these cases:

Last updated: June 25, 2005