Guidelines for Using Copyrighted Materials in Course Packs

COURSE PACKS

There is no such thing as a “fair use course anthology;” there can only be fair use of a separate article or book chapter. Each reading must also meet the other fair use tests. Please refer to the Agreement on Guidelines: http://library.gmu.edu/copyright When a proposed use of any copyrighted work appears to go beyond fair use limitations (e.g. amount, portion, or time) the Course Materials Copyright Assistance Staff will seek the required clearances for educational use, and calculate any applicable royalty fees for student purchase.

In the absence of case law, George Mason University applies the fair use factors on a case by case basis. Please see University Libraries Copyright homepage for links to Title 17, U.S. Code §107. http://library.gmu.edu/copyright

When deciding whether your use is a fair use or not, the following four factors should be considered:

1. The PURPOSE of your use

· Educational versus Commercial

· Mere duplication versus Transformative

2. The NATURE of the work to be copied

· Fact versus Fiction

· Published versus unpublished

3. The AMOUNT of the work you wish to use in relation to the work as a whole

· Are you excerpting the “guts” of the work?

4. The EFFECT of your use on the market for, or value of the work as a whole

· Will your use replace the purchase of the work?

· Will your use improve the market for the work or harm it?

In addition, for a use to be considered fair, a complete citation must be included on the first page of the material. Even Public Domain sources must be correctly attributed.

Print Services Course Materials Office X33158, cpacks4u@gmu.edu