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Copyright & Fair Use

The content on this guide is a more up-to-date version of the Copyright for College Educators brochure.

Copyright for educators: Can I Use This?

Legal use of copyrighted materials is common daily consideration for educators. Whether you want to share an article with your students, provide a "course pack" of assorted materials as a textbook replacement, or need quality images for a PowerPoint presentation, the question of what's acceptable use can be confusing. We hope this guide will help you make these determinations, or provide alternatives when copying isn't the best answer. 

Start by reviewing this table of options, then click on contents to the left to find out more information about each:

Fair use and other copying options

Is the work in the Public Domain?

Works in the public domain may be copied and distributed without permission of the creator/owner.

Most works older than 1923 are in the public domain, and some later works as well. See Public Domain Sherpa for help determining if a work is in the public domain.

Most works produced by the U.S. government are in the public domain. Assume a government document to be in the public domain unless it contains a copyright notice.

To search:

Public Domain Review

Is the work open licensed?

Works with a Creative Commons or other open license will be labeled with the specifics of what type of use is allowed. The most commons, "CC-BY", means that the work can be copied, edited, and distributed without permission of the creator/owner, requiring only that you attribute the original author. Guide to Creative Commons licensing.

To search: 

Creative Commons search, or

Kirkwood's Guide to Open Educational Resources

Is the work online?

If a work is online, you may link to it instead of copying it without permission of the copyright holder (unless it is a rare case where the work specifically states this isn't allowed). This applies to works on free websites (for example, a YouTube video or a blog post), as well as works already licensed to the college through Library subscription databases, such as journal articles or ebooks. For more information on creating links to Library subscription content, please see our Talon help guide

To search:

Library Services Home

Does your intended use of the work fall under "fair use"?

Fair use is a doctrine of U.S. copyright law which gives exceptions to certain uses of copyrighted materials, which would otherwise by copyright infringement. To determine if fair use applies to your use, the four fair use factors must be applied. See Kirkwood Library's guide to fair use for more information on how to apply fair use to your situation. Kirkwood's Fair Use Guide

Asking for permission

If it's not possible to link to a licensed or free copy of the work, and if fair use doesn't apply, you can contact the copyright holder for permission. The University System of Georgia has an excellent guide on requesting permissions and identifying the copyright owner of a work, with sample permission letters. Georgia's Permissions Guide

Paying copyright holder for use

If it's not possible to link to a license or free copy of the work, and if fair use doesn't apply, you can also purchase the right to copy, distribute, display, or perform a work. This is usually done through a licensing agent. The University System of Georgia has an excellent guide to identifying a licensing agent according to the format of the work you want to use (print, music, video, etc.).  Georgia's Collective Licensing Agencies guide


Copyright at Kirkwood

Kirkwood Community College respects the legal right of ownership of intellectual property in all media. It is the policy of Kirkwood Community College that all members of the college community adhere to the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.).

Faculty and staff are reminded that it is unlawful to copy, distribute or display copyrighted material without written permission from the copyright holder, unless fair use or educational exceptions apply.  Both the individual requesting such services and the individual performing the services may be liable for copyright infringement.  Please consult the Kirkwood Libraries with questions concerning copyright exceptions.

Please note: License agreements for products, software or websites may impose further legal restrictions beyond standard copyright obligations.




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