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COPYRIGHT INFORMATION FOR SUNY GENESEO FACULTY

Under U.S. law, Title 17, U.S. Code, copyright protection is provided to authors of original works, including literary, dramatic, musical, artistic and certain other intellectual works. Library reserve collections are viewed as extensions of the classroom and reflect a student's individual right to copy for his/her personal use under the fair use doctrine.

Fair Use is the use of copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research that is not an infringement of copyright.

If you have additional questions about copyright, please contact Sonja Landes via phone (585-245-5537) or copyright compliance form verifying compliance with copyright law.

To determine whether copyright permission is needed, keep in mind the following:

  • The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. Copying by non-profit institutions for educational use weighs in favor of fair use.
  • The nature of the copyrighted work. Published factual materials (such as texts, journal articles, treatises, etc.) rather than creative and fanciful works (such as novels, short stories, plays, etc.) weigh in favor of fair use.
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole. Quantity must be evaluated relative to the length of the entire original and the amount needed to serve a proper objective. The substantiality concept ("the heart of the work") is a qualitative measure that may weigh against fair use.
  • The effect of the use upon the potential market for or value of the copyrighted work. If copying the work results in the loss of licensing or royalty fees this may weigh against fair use. (In an educational environment where the purpose is research or scholarship, market effect is not usually a factor.)

If copyright permission is needed send a written request to the publisher or copyright owner. Permission for classroom and reserve use is sometimes granted free of charge while at other times there is a fee.

Download a sample permission form.

Works That May Not Require Copyright Permission

  • Works published prior to January 1, 1978 without copyright notices may be reproduced without restriction
  • U.S. Government publications are considered as being within the public domain. However, some government publications, including those prepared by outside authors on contract, may require permission
  • All copyrights dated earlier than 1918 have expired. Copyrights dated 1918 or later may have expired
  • Works that have never been copyrighted (Note, however, that the absence of a copyright notice will not be taken to mean that the work is not protected by copyright.)
  • Journals and other publications that permit reproduction of their articles for instructional purposes

Copyright Permission Websites

Works That May Not Require Copyright Permission