When must you seek permission to use another's work?

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.

Next: What is "fair use"?
Back: Obtaining permission to use copyrighted work.
Up: Outline of this session.

Copyright © March, 1997, by Carol Scheftic (based on original work at The Geometry Center and used with permission). All rights reserved.
Please send comments on this page, or requests for permission to re-use material from this page, to: scheftic@geom.umn.edu