Notes on Copyright & Related Issues

Back: Obtaining permission to use copyrighted work.
Next: What is "fair use"?

To determine whether you need to seek permission to use the work of another, ask yourself these three questions:

  1. Am I using the expression of the other author?

    If you answer yes, or maybe, then continue.

    Remember that facts and ideas are not copyrightable, but the specific expression of them may well be.

    Also remember the obvious: photocopying, scanning, faxing, etc., always involve using the expression of another.

  2. Is the other author's expression protected by copyright?

    If you answer yes, or maybe, then continue.

    Remember that works in the public domain are not protected by copyright, but that organized summaries or compilations of such work may be.

    Remember that certain works cannot be copyrighted, such as works by U.S. Government employees, some simple (even if lengthy) listings, certain blank forms, etc.

  3. Does my intended use fall within the bounds of "fair use"?

    If you answer no, or maybe, then seek permission, as described.

    Some, but not all, educational uses fall under the principle of "fair use," which will be discussed next.


The best general rule is this:
unless you are absolutely certain that
you have the legal right to use the work of another,
you should ask for permission to use it.

Back: Obtaining permission to use copyrighted work.
Next: What is "fair use"?
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Created: Feb 16 1996 --- Last modified: Fri May 17 17:25:32 1996
Copyright © 1996 by The Geometry Center. All rights reserved.