Copyright and Fair Use: Permissions, Copying Software, and Library Reserves

The Hazy Library honors requests from faculty to place course related items on reserve that are in compliance with US Copyright Law (Title 17 U.S.C. Section 107) and the fair use guidelines.

Faculty can notify the library about books to place on course reserves.

Computer software is tangible material and can be copyrighted. The Doctrine of Fair Use applies to computer software.

Permissible uses of copyrighted software owned by or licensed to the University or its faculty:

• Copying it by using it in a computer's memory.
• Making one backup or archival copy.
• Making adaptations in order to use a particular machine.
• Lending it.
• Selling it, in which case the backup or archival copy must be destroyed.

Prohibited uses of copyrighted software:

• Making copies for gift or sale.
• Copying a computer program purchased for use at the University in order to use it at home.
• Copying a computer program purchased for use in one department or school for use in another department or school. A site license should be negotiated to allow multiple uses on campus.

Permission from copyright holders is often needed when creating course materials, research papers, and web sites. You need to obtain permission when you use a work in a way that infringes on the exclusive rights granted to a copyright holder (i.e., outside the boundaries of fair use).

Steps that need to be followed to obtain permission to use copyrighted material:

1. Determine if permission is needed for the work you want to use.
2. Identify the copyright holder or agent. 
3. Send written request for permission to use (view Sample Letter). Remember to give yourself ample lead time, as the process for obtaining permissions can take months. Decide if you are willing to pay a licensing fee/royalty.
4. If the copyright holder can't be located or is unresponsive (or if you are unwilling to pay a license fee), be prepared to use a limited amount that qualifies for fair use, or use alternative material.

For more information, visit the Copyright Clearance Center's Obtaining Permission page.