Determining the Necessity for a Fair Use Analysis

1. Determination of Copyright

Employees must determine whether the works they intend to use are protected by copyright. A fair use analysis is unnecessary for works for which there are no copyright protections. These works include, but are not limited to, works created by U.S. government employees as part of their official duties and works first published prior to 1923. Works published after 1978 are presumed to be copyright protected, even if no notice of copyright is presented.

2. Institutional License/Permission

A fair use analysis is not needed when the University has a license/written permission to use the copyrighted works or use of the works falls within the parameters of the license.

3. Library Databases

A fair use analysis is unnecessary for works that are available via the University library databases or collections.

4. Works on the Web

A fair use analysis is not necessary for works that are legally and publically available on the web. University employees may direct students to the work or link to the work directly.

5. Federal Copyright Law Exceptions

A fair use analysis is not necessary for works protected by exceptions to federal copyrights laws. University employees may perform or display a work in accordance with the stated exception [17 U.SC. § 110(1), § 110(2)].