One of the most difficult issues when faced with a copyright issue is simply knowing where to begin. Working through these questions can help you identify which of parts of copyright law apply to the issue that you need to address.
1. Is the work protected by copyright?
- Is the work I want to use protected by copyright, or is it in the public domain?
- Check this chart to see if something is in the public domain
- If I wrote it, do I still own copyright, or did I sign over my rights to the publisher?
2. Is there a specific exemption in copyright law that covers my use?
- Is my intended use covered by a specific exemption to the exclusive rights in the copyright law, such as the ones for libraries or for classroom use?
3. Is there a license that covers my use?
- 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 something that is CC-licensed? https://search.creativecommons.org/
- 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? Ask your subject librarian about using UD library materials.
4. Is my use covered by fair use?
- The main four factors of fair use are:
5. Do I need permission from the copyright owner for my use?
- If so, first locate the copyright owner, fully explain the use you want to make of the work and request permission.
- If the answer is no or there is not a response, you should consider finding other resources that you can use.
Adapted (links added) from © 2014 Kevin Smith & Lisa Macklin CC BY-SA 4.0 https://d396qusza40orc.cloudfront.net/cfel/Reading%20Docs/A%20Framework%20for%20Analyzing%20any%20Copyright%20Problem.pdf