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Fair Use Fair use is a legal principle that provides certain limitations on the exclusive rights of copyright holders. The purpose of these guidelines is to provide guidance on the application of fair use principles by educational institutions, educators, scholars, and students who wish to digitize copyrighted visual images under fair use rather than by seeking authorization from the copyright owners for non-commercial educational purposes. These guidelines apply to fair use only in the context of copyright. Limitations of fair use Section 107 of the Copyright Act sets forth the four fair use factors which should be assessed in each instance, based on the particular facts of a given case, to determine whether a use is a "fair use." See the second page of this copyright handout for a fair use checklist. The limitations and conditions set forth in these guidelines do not apply to works in the public domain - such as U.S. government works or works on which copyright has expired for which there are no copyright restrictions - or to works for which the individual or institution has obtained permission for the particular use. Also, license agreements may govern the uses of some works and users should refer to the applicable license terms for guidance. Students may:
Beyond fair use If you seek to use copyrighted material that goes beyond fair use, you must obtain written permission from the copyright owner to copy the work. Prior to seeking permission, you should check with the Library to determine whether the University maintains a licensing agreement for the work. The College participates in contractual arrangements mandating royalty payments or licensing fees to copyright owners whenever feasible. The fastest and easiest way of requesting permission is to use email. If sending a letter by regular mail, enclose a self-addressed, stamped envelope and include lines at the bottom of the letter for the copyright owner to date, sign, and grant/deny permission. You should also mail two copies of the letter so that the copyright owner can keep one and return a signed copy to you in the self-addressed, stamped envelope. When seeking copyright permission include the following details in your request: title, author, edition, date, material to be duplicated, number of copies, distribution, purpose, and type of reprint. It is important to maintain permanent records of permissions sought, denied, or granted. You should keep permission letters forever to defend against claims of infringement. For more information and samples of permission letters, see the U.S. Copyright Office. Citing Digital Images All digital images that are used for assignments must be cited using the appropriate citation style required by the faculty member. For citation style guides see Xavier University Library Citation Style Help. Databases, Website and Resources that Contain Digital Images The sites and databases listed below contain digital images that can be used by Educators, Scholars, and Students under the “fair use” guidelines.
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