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Copyright Circular 1: is it copyrighted?
Is the publication date prior to 1923?*
- Yes The
material is no longer protected by copyright.
- No Is
the publication date prior to 1978?
Is the publication date prior to 1978 and there is no copyright notice on the work?
- Yes The
material is probably not protected by copyright.
- No Is
the U.S. Government the author?
Was the work prepared by a U.S. government employee in the course of her employment?
- Yes The
material is not protected by copyright.
- No Is
the material raw data or facts?
Is the material raw data or facts without creative arrangement or analysis?
- Yes The
material can not be copyrighted.
- No Is
the material available in a database we license?
Is the material available in a database that is licensed by Yale University Library?
- Yes Check
license to see if it allows online course support use.
- No Does
the license allow fair use?
Does
the University’s license allow fair use of the material?†
- Yes Is
your use fair use? (See Circular 2: fair use )
- No See Circular 3: licensing
Is your use fair use?
- Yes OK
to use the material,** see Circular
3: licensing for subsequent uses.
- No See Circular 3: licensing
NB: If the material is from a licensed database, the license of that database ALWAYS trumps any determination of fair use or even
that the material is not copyrighted. If you want to use material from a database with a license that prohibits posting
to course sites, but you feel your use qualifies as fair use, obtain
the material in print (or other tangible form) and use that copy to exercise
your fair use rights. Violating database licensing agreements can result
in loss of access for the entire university.
*For a detailed chart that indicates when copyright will expire based on publication
date, see http://www.unc.edu/~unclng/public-d.htm. Some post-1923 works are no longer protected because they were not renewed
or because they were not published with appropriate copyright notice.
†See http://www.library.yale.edu/journals/licensing.html to check license restrictions.
**Part of the fair use determination is related to how spontaneous the use is,
so repeated use is negative factor. If it is practical to secure permission
prior to using the material for a second semester (or even during the first
semester of use), this should be done.
Yale University Library
Electronic Library Initiatives &
Information Technology Services, June 2003.
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