Copyright and Fair Use: Home

Copyright is a legal right, grounded in the U.S. Constitution, that gives the owner of copyright the exclusive right to:

• Reproduce the work
• Prepare derivative works
• Distribute the work
• Publicly perform the work
• Publicly display the work
• Authorize others to exercise some or all of those rights

Copyright takes effect immediately once a work has been fixed in tangible form--registration is optional and not necessary--and lasts for 70 years after the death of the author (in the case of works for hire or anonymous/pseudonymous works, 95 works from publication or 120 years from creation, whichever is shorter).

Use the tabs at the top of this guide to learn more about common copyright questions at Rice.

One of the most difficult issues for many, when faced with a copyright problem, is simply knowing where to begin -- which parts of the legal rules and doctrines apply to the specific problem?

To deal with this uncertainty, we suggest working through the following five questions, in the order they are presented. They are simple questions, but they are not easy to answer. By working through them in order, it is possible to identify which of the parts of copyright law apply to the specific problem or fact pattern that you need to address.

The five questions that form this framework for copyright analysis are:

1. Is the work protected by copyright?
   1. Is the work I want to use protected by copyright, or is it in the public domain?
   2. If I wrote it, do I still own copyright, or did I sign over rights for my intended use to the publisher?
2. Is there a specific exception in copyright law that covers my use?
   1. Is my intended use covered by a specific exception to the exclusive rights in the copyright law, such as the ones for libraries or for classroom performances and displays?
3. Is there a license that covers my use?
   1. Is there a Creative Commons license attached to the work? If so, can I comply with the terms of the license, or can I find another useful work that is CC-licensed?
   2. If affiliated with an educational institution, is there a license that governs how the copyrighted material I’m accessing through my library can be used? If so, can I comply with the license terms? If you are uncertain, your librarian should be able to help you.
4. Is my use covered by fair use?
   1. Four factors are:
      1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
      2. the nature of the copyrighted work;
      3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
      4. the effect of the use upon the potential market for or value of the copyrighted work.
   2. Questions for transformative fair use under factor one are:
      1. Does the copyrighted material help me make my new point?
      2. Will it help my readers or viewers get my point?
      3. Have I used no more than is needed to make my point? (Is it “just right”?)
5. Do I need permission from the copyright owner for my use?
   1. If so, first locate the copyright owner and fully explain your intended use in your permission request.
   2. If no response or answer is no, reconsider your use of this work to see if you can make a fair use, or consider using another work.

The resources below can help you to further explore copyright and determine if you can use material under U.S. copyright law. Fondren staff are also available for consultation. Contact cds@rice.edu.

Copyright Considerations for Online Courses (Fondren Library)

Copyright Crash Course (University of Texas): Self-paced course designed to allow users to explore certain areas of copyright law individually or as a group.

Fair Use Evaluator (American Library Association Office for Information Technology Policy): Helps you collect, organize, and archive the information you might need to support a fair use evaluation.

Fair Use for Nonfiction Authors (Authors Alliance): Guide designed to empower authors to exercise their right to use source material to further their research and writing goals by helping them to make confident fair use decisions.

Exceptions for Instructors in U.S. Copyright Law (American Library Association Office for Information Technology Policy): Helps you determine if your intended use meets requirements set out in the law. Also helps you collect information detailing your educational use.

Copyright Term and the Public Domain in the United States (Cornell University): 

Copyright Renewal Database (Stanford University): Searchable index of the copyright renewal records for books published in the U.S. between 1923 and 1963.

Digital Image Rights Computator (Visual Resources Association): Digital Image Rights Computator (DIRC) is designed to assist the user in assessing the intellectual property status of a specific image documenting a work of art, a designed object, or a portion of the built environment.

Copyright Timeline: A History of Copyright in the United States (Association of Research Libraries)

This guide was created for informational purposes only. It does not provide legal advice, nor is it intended to replace the advice of legal counsel.