Vassar College Policy on Fair Use of Copyrighted Works for Education and Research
The Policy || Supporting Principles
Policy on Fair Use of Copyrighted Works for Education and Research
Approved by Vassar College faculty: April 4, 2001
Approved by Vassar College Board of Trustees: August, 2001
As an institution devoted to the creation, discovery, and dissemination of knowledge, Vassar College is committed to complying with all applicable laws regarding intellectual property. That commitment includes the full exercise of the rights accorded to those who desire to use copyrighted works for educational purposes under the "fair use" provisions of federal copyright law, 17 U.S.C. Section 107.
It is therefore Vassar's intent to facilitate the knowledgeable and good faith exercise of full fair-use rights by faculty, students, librarians, and staff, in furtherance of the educational purposes of the College including teaching, research, education and related activities. To that end, through the Vassar Libraries, the Director of Copyright Management under the Office of the Dean of the Faculty, and other appropriate offices, Vassar shall:
1. inform and educate its faculty, students, librarians, and staff about copyrights and the application of the fair use provisions
2. develop and make available information concerning fair use and intellectual property laws generally and the application of the fair use provisions in specific situations; and
3. avoid adoption or support of policies or agreements tending to unduly restrict or hinder the fair use of copyrighted works for educational purposes.
In addition, Vassar shall defend and indemnify faculty, librarians, staff and student employees in the performance of their duties as necessary and appropriate in accordance with intellectual property laws and this policy.
One of the underlying principles of this policy is that a good faith exercise of fair use depends on the balancing of the four factors set forth on a case-by-case basis. The factors enacted by Congress and applied by the courts to evaluate whether a use qualifies as fair use are:
1. the purpose or character of the use;
2. the nature of the copyrighted work being used;
3. the amount and substantiality of the work being used; and
4. the effect of the use on the market for or value of the original.
To aid the reader in interpreting the four factors, a useful explanation of the meaning of these factors is available at the Fair Use and the Four Factors Test page in the Vassar College Copyright Guide.
For a full statement of the underlying principles of the policy and answers to some common questions, see Supporting Principles and Frequently Asked Questions about the Policy.
Prepared by the Dean of the Faculty's College Copyright Committee.
Principle 1: A good faith exercise of fair use depends on a case-by-case application and balancing of the four factors set forth in the statute enacted by Congress and applied by the courts. A proper determination of fair use, in daily prac tice and in the courts, requires applying these four factors to the specific circumstances of the use:
1. the purpose or character of the use;
These factors must be evaluated in the context of the use to determine whether most of them weigh in favor of or against a finding of fair use. A further elaboration and illustration of the meaning of these factors is available from the Vassar College Copyright Guide.
Principle 2: A nonprofit educational purpose does not always and by itself make the use "fair." A nonprofit educational purpose will usually weigh heavily in favor of a finding of fair use, as a dynamic concept of fair use is crucial for advancing educ ation and research. However, one must always consider and weigh all four factors together in the context of the use.
Principle 3: Responsible decision-making means that individuals within the college community must know the fundamentals of fair use and understand how to apply them in typical situations. To that end, the Vassar Libraries and the Director of Copyright Management under the Office of the Dean of the Faculty will provide information, answer questions, and coordinate seminars in an effort to prepare Vassar faculty, librarians, staff, and students to resolve fair use questions in a good-faith and well-informed manner. However, the dissemination of such information to students who are not acting as employees of the college is for information purposes only. It is not to be construed as the assumption of a duty by Vassar to ensure or monitor the lawfulness of any student's use of copyright materials, which is considered to be the individual academic responsibili ty of each student. Many questions regarding the acceptable fair use of copyrighted materials are under active discussion in legislative, academic, philanthropic, and professional venues. The College is participating in such discussions as an intere sted party on behalf of the Vassar community, and will endeavor to keep its members apprised of developments.
Principle 4: The College is confident that members of the Vassar community are capable of making good faith decisions about fair use, and that their decisions will best reflect the particular circumstances relevant to the decision. Fair use turns on th e specific facts and circumstances of the particular situation. Therefore, the person most familiar with those facts is best suited to make a determination as to whether the use is likely to fall within the scope of fair use or outside of it. The policy consequently does not mandate a particular decision, but instead calls on each member of the college community to make a knowledgeable and informed assessment of fair use with respect to specific projects. The Vassar Libraries and the Director of Copyright Management under the Office of the Dean of the Faculty and other offices will be available to assist with decisions.
Principle 5: Reasonable people, including judges and legislators, can and will differ in their understanding of fair use. Copyright law does not offer a definitive meaning of fair use for any specific application. Thus, in order to reach a conclusion as to fair use a reasoned and responsible application of the four factors must take place. One person's judgment and situation may not match the next, and the differences may be based on variations in facts and circumstances.
Principle 6: Through educational efforts, the College should move over time toward a common understanding of fair use for the typical needs of its faculty, students, librarians and staff, but such detailed interpretations ought not be part of a formal policy statement. By keeping the policy itself concise, the College preserves the flexibility inherent in fair use law and preserves the opportunity to respond to changes in law, technology and the demands of education and research.
Principle 7: Fair use is not determined by "guidelines" that purport to quantify or otherwise define the boundaries of fair use. In an attempt to provide some clarification of the application of fair use to common situations, private parties have neg otiated various guidelines, but those externally developed guidelines are often inappropriate for the realistic application of fair use to higher education. Such guidelines too often provide an unduly narrow or rigid definition of fair use, and they usually impose additional restrictions and conditions that are not part of the law and which may unduly hinder education and research. No such guidelines have been read into the law by Congress or the courts, and such guidelines are not binding. Fair use must be determined according to the specific circumstances of each situation.
Principle 8: If an employee of the College acts in good faith, consistent with his or her college duties and responsibilities, the Vassar indemnification policy can offer protection in the event of an infringement allegation. Good faith increases the l ikelihood that activities are in fact fair use. Good faith reduces the risks of liability in the event of infringement. Good faith is also important for securing the benefit of college assistance and support in the event that its faculty, student employees, librarians, and staff may face infringement allegations. Ultimately, good faith is best manifested through knowledge of, and diligent application of, the four factors.
Prepared by the Dean of the Faculty's College Copyright Committee
Policy on Fair Use of Copyrighted Works
for Education and Research: Supporting Principles
This document explains the underlying principles of our Policy on Fair Use and it will answer some common questions about it. Please note, however, that this document is not intended to be a tutorial about copyright and fair use. Preparing and dissemi nating such materials as well as a comprehensive educational program are an important part of implementing the policy.
2. the nature of the copyrighted work being used;
3. the amount and substantiality of the work being used; and<
4. the effect of the use on the market for or value of the original.
Last Updated: August 14, 2001