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DigitalCommons@Macalester
DigitalCommons@Macalester is a forum that preserves, organizes and makes college scholarship widely available. It includes all types of scholarship, e.g. Honors projects, award-winning scholarship, working papers, college produced journals and emerging multi-media technologies.

Student content producers retain the copyright for their works.  Faculty and staff retain the copyright for works in accordance with the Macalester Policy on Ownership of Copyrights   http://www.macalester.edu/hr/handbook/Sec1213.pdf .

DigitalCommons@Macalester requires that all content be original, or include appropriate citations and/or permissions when necessary.  In some cases content producer will be required to declare that content is original.

Content producers may grant permission to make copies of their work available for interlibrary loan, or to the Macalester College community and to the larger scholarly community by remote access via the Internet or any successor technology.

Any future version of an institutional repository will preserve the copyrights contained within the Digital Commons@Macalester College.


Fair Use
Copyright law gives users, such as educators, the right to use works without obtaining permission if the intended use fits within certain specified exemptions, such as "Fair Use."  These Fair Use provisions are found in Circular 21 “Reproduction of Copyrighted Works by Educators and Librarians” of the U.S. Copyright Office. To determine whether an intended use for which copyright permission has not been received, is a "fair use," all of the four factors below need to be considered:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purpose; (Included in consideration: criticism, comment and news reporting, teaching, scholarship or research.)
  2. the nature of the copyrighted work; (Materials designed primarily for educational use are more likely to be considered Fair Use than an item such as a popular magazine. The claim for Fair Use is greater in the case of factual works than for creative, original, or works of fiction.)
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; (In short, if the entire work is reproduced, a claim cannot be made for Fair Use.)
  4. the effect of the use upon the potential market for or value of the copyrighted work (This is considered whether the material is in the same medium or not. Future use in another medium is considered as affecting the author's protection of the creation of a derivative work.)

Educational use alone is not sufficient to determine that use is "fair use." Nor is any one single factor a determinate of an individual's right to use a copyrighted work without permission.

Links
US Copyright Office:
Copyright Office Publications

General links:
Copyright and Fair Use (Stanford University Libraries)
Information on Obtaining Permission (University of Texas)
Intellectual Property and Copyright (ALA)
Links provided by Yale to Licensing and Intellectual Property sites
"When Works Pass into the Public Domain" (UNC)
World Intellectual Property Organization

Registering Original Works:
U.S. Copyright Office

Digitial Millenium Copyright Sites:
Digital Millenium Copyright Act (full text of act in pdf format)
Digital Millenium Copyright Act Summary