Frequently Asked Questions

This is still an emerging area of copyright law, and little has been tested so far in the courts. Information suggests that copyright in the cloud is treated similarly to copyright on a single machine, and the main issue becomes who has permissions to view/copy/edit the material in the cloud rather than the many servers involved in storing the material.

The closest case providing guidance on this emerging issue comes from Smith v. BarnesandNoble.com, LLC. In this case the judge did not rule on this particular issue, but did say that “An individual may move copyrighted material around on his personal hard drive without infringing on copyrights. See ReDigi, 934 F.Supp.2d at 651 (“Any movement of copyrighted files on a hard drive, including relocating files between directories and defragmenting… is almost certainly protected under other doctrines or defenses.”). To find that she may not move material between her personal hard drive and personal cloud-based digital locker without infringing would have far-reaching consequences” (page 125). Again, the judge did not make a formal ruling on this issue, but it’s the closest hint that we have so far about how to think through this issue.

If you are concerned about a the copyright implications of storing a particular item in the cloud, please contact the Copyright Group. Much of what we do with our digital files is governed by license agreements and terms of service, but we can help you think through any remaining copyright questions.

No, we do not need to get permission for everything placed on Reserve; however, faculty should do a “Fair Use” analysis of each document to determine if copyright permission is necessary. If the document source is a book or journal owned by Carleton or St. Olaf, it would weigh more heavily in favor of fair use. For further help in determining fair use you may contact your library liaison.

Fair use is clarified in copyright law in the follow manner: “Fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright (U.S.C Title 17, Section 107).” For use of copyrighted materials to qualify as fair use, it use must be measured against certain criteria, commonly known as the four factors:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for or value of the copyrighted work

Each of these factors can be open to some interpretation, so each time a copyright protected work is used under the fair use provision, it is important that a four-factor analysis be done.

The amount of time it takes to secure copyright permissions can vary quite a bit. The best advice is to allow as much time as possible to securing copyrights because some copyright permissions can take weeks or longer to clear.

In cases where it is necessary to secure permissions you should consider the following approaches.

1. Check the work for information about appropriate uses. Increasingly copyright holders indicate appropriate uses of a given work through Creative Commons license agreements that may, for example, allow for noncommercial uses. .
2. Consider using a copyright permissions service. One fee-based service is operated by Copyright Clearance Center (CCC). If CCC doesn’t have licensed authority to grant immediate permission, it will next make a direct inquiry of the copyright holder for all remaining items.
3. Obtain copyright permissions directly from the author.

See more information on obtaining permissions.

Copyright fees vary greatly, and it’s not possible to give a general estimate. In general, fees are the responsibility of the individual, but you should also check with your academic department.

If permissions are necessary and they haven’t yet cleared, you should not use the work. If you haven’t already, check if the library has access to the material or would be able to gain access to the material. Another option would be to adjust your intended use or distribution plans so that your use becomes Fair Use.

Is your poster presentation being given in an classroom or academic setting only? See the Fair Use section of this website; you may not need to seek permission for using the visual materials. If you intend to give your poster presentation at an event that is not related to an educational event or location, for example, a business conference, you may need to seek permission.

For more information, see the Statement on the Fair Use of Images from the Visual Resources Association.

If your website is a class-related project only and will not be published for public viewing, you may be able to construct it without seeking copyright permission after establishing this is a Fair Use case.

If the website will be publicly available, you will need to determine whether your use of the images fall under Fair Use. Additionally, the library has several image resources that provide licensed content for specific institutional purposes.

Film showings that are associated with face-to-face teaching activities and are restricted to the members of a course do not require public performance rights for film screenings. Screenings for a broader audience may necessitate securing permissions for a public screening. Learn more about public screenings.

You have a few options. If the materials are being prepared for use in a course, fair use provisions may or may not apply. The best way to know for sure is to ask the faculty member associated with the course if they have done a four-factors analysis for any of the given works. You can browse this website for further information about a variety of material types such as text, recorded audio, films and other resources.

The University of Minnesota has a very good list of approaches for sharing course materials with students that do not involve making copies. The options include students purchasing books with the relevant materials or linking to readings available available through library subscriptions. Think about your options before making copies.

Finally, there is an increasing trend to include clear descriptions of appropriate uses of copyrighted materials with the copyrighted material itself. Some copyright holders have begun to indicate appropriate uses of a given work through Creative Commons license agreements that may, for example, allow for noncommercial uses.

Copying or distributing software requires special caution, because the terms of the software license apply regardless of Fair Use. The terms of the software license accompanying the software will always dictate the usage terms.

A brief clip that shows the student performing would probably be permissible if it is in the context of reporting or reviewing. To show it in full, however, may be a copyright violation if the musical work is copyright protected. In that case, you would need permission to use the full piece on your website.

No. For publishing on the web, just giving credit is not enough. You should contact the source to ask permission to reproduce it on your site. Or better yet, simply describe the article and link to it from your site.

Yes, you need permission. Be aware that Gould Library subscribes to many databases that contain audio recordings, notably Naxos Music Library. The library has also identified a selection of free resources.

Maybe yes, maybe no — it depends on the age of the artwork. Works of art and architecture are copyright-protected if they were published in 1923 or later. In these cases you will likely need to get the artist’s permission. Architectural works produced in 1990 or later are also protected. Works that aren’t protected are art and architecture produced before these dates or that include subjects that fall outside of these categories.

No. Whether there’s a copyright statement or not, they remain the property of the copyright owner. It’s easy to copy things from websites, but that doesn’t make it permissible. You should ask permission of the owner.

It is important to keep in mind that while fair use provisions allow students to include some clips in curricular projects, this is likely to limit further distribution options for the student’s project. It is important for students to keep track of their sources should they need to secure rights for future alternative uses for their final projects.

For further information about guidelines for fair use and film making consult the Documentary Filmmakers’ Statement of Best Practices in Fair Use.

Whenever possible, it is preferable to link to an article rather than uploading a PDF version of an article into Moodle or a course website.

In cases in which the College has already purchased the electronic journals associated that include a course reading, linking to the document can help avoid paying duplicate permissions costs. Linking to documents through electronic journals also helps the Library keep more accurate track of how frequently a resource is used.