Copyright and Fair Use Guidance for Faculty
Faculty members at Arkansas State University are expected to comply with U.S. copyright law when using, sharing, or creating instructional materials. This page provides foundational guidance and directs instructors to appropriate resources and contacts for further support.
? What Is Copyright?
Copyright is a legal protection granted to creators of original works, including text, images, music, video, and software. It gives the creator exclusive rights to reproduce, distribute, perform, display, or license their work.
Key Points:
- Copyright applies automatically upon creation.
- It protects both published and unpublished works.
- Infringement can occur even if the use is educational.
✅ What Is Fair Use?
Fair use allows limited use of copyrighted material without permission under specific conditions. It is determined by four factors:
- Purpose and character of the use (e.g., educational, nonprofit, transformative)
- Nature of the copyrighted work
- Amount and substantiality of the portion used
- Effect on the market for the original work
Examples of potential fair use:
- Quoting small portions of a text for critique or commentary
- Using brief clips in a lecture for analysis
- Displaying images in a classroom setting for educational discussion
? Faculty Guidelines
When preparing course materials:
- Use A-State licensed resources (e.g., library databases, Kaltura videos).
- Link to content rather than uploading full copies.
- Seek permission when in doubt.
- Consider using Creative Commons or public domain materials.
? Further Reading and Resources
These resources offer deeper insights into copyright law and fair use in educational settings:
- Copyright Law and Compliance in Education Presentation Power Point - June 15 2015
- Copyright presentation by Retired ASU Legal Counsel, Lucinda McDaniel
- Webinar: Applying Recent Copyright Court Decisions to Distance Ed
- Webinar: Legal Issues for Faculty – How Not to Get Sued
- Dean B. Ellis Library Copyright Resource
- U.S. Copyright Office
- American Library Association
- Conference on Fair Use (CONFU) - Final Report (Nov. 1998)
- Fair Use Summary Chart
- Open Copyright Education Advisory Network (OCEAN)
- Prints & Photographs: Copyright and Rights and Restrictions Information – Library of Congress
- Navigating Copyright & Fair Use as an Educator - Learning Technology Center
- Copyright Alliance
? Who to Contact
If you have questions about copyright compliance, fair use, or need legal review of instructional materials, contact:
ASU System Office of General Counsel
? 501 Woodlane Drive, Suite 600, Little Rock, AR 72201
? (501) 660-1008
? bphelps@asusystem.edu
? General Counsel Staff Page