Copyright & Fair Use

Copyright is a legal protection for original works of authorship, such as books, articles, images, music, films, and software. It gives creators the exclusive right to copy, distribute, display, perform, and adapt their work, with certain exceptions.

Copyright Basics

Copyright generally begins automatically when a work is created and fixed in a tangible form. Others must have permission to use copyrighted material unless an exception applies, such as fair use (commonly for teaching, research, scholarship, criticism, or commentary) or the work is in the public domain. Copyright lasts for a limited time,often the creator’s life plus many years,after which the work enters the public domain.

Some examples include:

  • A professor sharing a short excerpt from a book in a course management system may be allowed under fair use, but uploading the entire book usually is not.
  • A student can quote portions of a journal article in a research paper with proper citation, but cannot copy large sections without permission.
  • Using an image found online in a presentation may require permission unless it is licensed for reuse  or qualifies as fair use.
  • A novel published long enough ago to be in the public domain can be freely read, shared, and adapted.

Understanding copyright helps students and faculty use, share, and create materials responsibly while respecting creators’ rights. For more information your can check out Copyright Clearance Center.

Rights of Users

Copyright law provides users the right to use copyrighted material without permissions under certain circumstances. In the U.S these materials can be used  during teaching and distance education, also can be used by libraries and archives. 

If you do not fall under the following exceptions you will need to gain permissions from the copyright holder or change up your plans. 

 

Fair Use

Fair use is part of U.S. copyright law that allows limited use of copyrighted materials without permission for purposes such as teaching, research, scholarship, criticism, and commentary.

Whether a use qualifies as fair use depends on a case-by-case analysis of four factors:

  1. Purpose and character of the use

    Educational, nonprofit, or transformative uses are favored

  2. Nature of the work

    Factual works are more likely than highly creative ones

  3. Amount used

    Using smaller, relevant portions supports fair use

  4. Effect on the market

    Uses that do not replace the original or harm sales are more likely fair

Fair use does not automatically apply to all educational uses. Each situation should be evaluated using all four factors together.

Common academic examples may include:

  • Quoting portions of a text for classroom discussion or scholarly analysis
  • Using limited excerpts of articles or media in course materials
  • Incorporating images or clips in presentations for critique or commentary

 

Public Domain

Public domain refers to creative works that are not protected by copyright and may be freely used without permission or payment. Works enter the public domain when copyright expires, when creators dedicate their works to the public, or when the works were never eligible for copyright protection. Public domain materials can be copied, shared, adapted, and included in teaching and research without restriction. While attribution is not legally required, citing sources remains a best academic practice.

Fair Use vs Public Domain

Fair Use

  • Applies to works still under copyright
  • Allows limited use without permission
  • Determined by weighing four legal factors
  • Often used for teaching, research, and criticism
  • Context-specific and not guaranteed

Public Domain

  • Applies to works not protected by copyright
  • Allows unrestricted use
  • No legal analysis required
  • Can be used for any purpose
  • Always free to use

Library Support for Copyright

The Richard E. Bjork Library supports students and faculty in understanding and applying copyright responsibly. Our library services include: 

  • Guidance on fair use, public domain, and Creative Commons licenses
  • Help locating library-licensed resources for teaching and research
  • Support for course reserves and use of materials in learning management systems
  • Assistance with open access publishing and open educational resources (OER)
  • General copyright information related to teaching, learning, and scholarship

 

Course Reserves

Course Reserves provide access to materials selected by Stockton instructors to support teaching and learning. These materials may include books, articles, media, or other course-related content and are available through the library only during the semester in which the course is offered.

All course reserve materials are made available in compliance with U.S. copyright law (Title 17, United States Code). Under certain conditions specified in the law, libraries and archives are authorized to furnish photocopies or other reproductions of copyrighted materials. One of these conditions is that such materials may not be used for any purpose other than private study, scholarship, or research.

Electronic and physical reserve materials are reviewed to ensure they meet fair use guidelines (Section 107 of the U.S. Copyright Act) or are covered by library licenses or permissions. Access to electronic reserves is restricted to students enrolled in the course and instructors. Materials are removed at the end of the semester.

Users should be aware that if electronic transmission or use of reserve materials exceeds the limits of fair use, the user may be liable for copyright infringement.

 

Streaming Media

The Richard E. Bjork Library provides access to films through licensed streaming platforms. Titles available through library subscriptions such as Swank and Kanopy can be linked directly within an instructor’s Blackboard course. You may view available titles through the library’s video collection.

Please note that the library is unable to acquire streaming licenses for content hosted on personal or commercial platforms such as Apple TV, Netflix, or Disney+. Because streaming media requests are popular and may require review for copyright and licensing restrictions, instructors are encouraged to submit requests as early as possible.

Frequently Asked Questions

You should consider seeking permission to use an in-copyright work when your intended use is not covered by fair use, a library license, or another copyright exception. Permission is often required when use could substitute for the original work, involves substantial portions, or extends beyond a one-time educational use.

Permission Is Likely Needed If:

  • You plan to use an entire work or a large portion of it
  • The use is repeated, ongoing, or widely distributed
  • The material will be used for commercial or public-facing purposes
  • The use may impact the market or sales of the original work
  • The work is not licensed by the library for your intended use

 

Permission is generally not required when:

  • The work is in the public domain
  • Your use qualifies as fair use
  • The work is covered by a library subscription or license that allows your intended use
  • The work is openly licensed and you follow the license terms
  • You are linking to content rather than copying or redistributing it

When in doubt, the library can help you evaluate your options.

To obtain permission, first identify the copyright holder, which may be the author, publisher, or another rights holder. Next, request permission in writing, clearly describing how you plan to use the material (what portion, format, audience, and duration). Some permissions may involve a fee or specific conditions. Keep records of all permissions received. If identifying the rights holder is difficult or permission is denied, the library can help you explore fair use alternatives, licensed resources, or open-access options. For more information check the Copyright Clearance Center on obtaining permission.

For help with copyright questions or to explore lawful alternatives for course materials, contact a librarian.