The use of copyright-protected content in scholarship warrants thoughtful reflection. Some common scholarly uses, such as reading and/or citing a book or article, don't require consideration of copyright. Other scholarly uses such as using copyrighted materials in new works, reusing a scholar's own previously-published work, and distribution of books, articles, or other copyrighted content, however, do require consideration of copyright. The resources below may help determine the copyright status of a work, navigate potential use of 3rd party content including fair use, and finding content that is licensed for free use.
KU Libraries’ Shulenburger Office of Scholarly Communication & Copyright is available to assist KU faculty, staff, and students with questions concerning copyright, including fair use. Contact copyright@ku.edu for assistance.
The following resources are good starting points for evaluating 3rd party use, determining the copyright status of a work, and potential use, including fair use. Additional resources may be found in adjacent boxes.
Copyright Decision Tree: This interactive slide show is designed to walk users through the steps to determine whether they are using copyright-protected materials in compliance with U.S. copyright law, including fair use.
A Framework for Analyzing any U.S. Copyright Problem: This simplified resource, similar to the Copyright Decision Tree above, is designed to assist potential users of 3rd party content to determine if and how they are using copyright-protected materials in compliance with U.S. copyright law and/or fair use through the application of five simple questions.
One strategy for avoiding potentially complicated copyright problems is to identify content that may be freely used, either because it's in the public domain (no copyright) or because it is licensed for reuse.
Fair use is an important provision in U.S. copyright law that balances the rights of users with those of content creators/owners. Fair use is incredibly common; examples include quotations and thumbnail images. Fair use determinations are based on four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion taken, and the effect of the use on the potential market for the work. The resources below may be useful when considering fair use for scholarly purposes: