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Copyright and Fair Use Guide

Copyright is a form of intellectual property that protects original works of authorship, providing copyright holders with exclusive rights over their works. Original works can take many forms, such as books, articles, computer programs, photographs, musical compositions, paintings, and much more. But an author's exclusive right to their work is not absolute. Copyright law permits others to utilize copyrighted material in certain circumstances and with certain restrictions, such as "fair use." In the context of copyright, fair use constitutes various considerations, such as the purpose and character of the use, the nature of the copyrighted work, the amount of the work being used, and the economic impact of the use on the original work.

Disclaimer

The information included in these pages is intended to assist the St. Thomas community in complying with federal copyright laws and guidelines. While the University strives to provide accurate information in these pages, the ultimate responsibility for complying with the law rests with individual students, faculty, and staff.

Questions on Copyright and Fair Use

Should you have questions, inquiries may be directed to: copyright@stthomas.edu.

Commonly Asked Questions

If you are not sure whether the work you want to use is protected by copyright, the American Library Association has created copyright tools in helping you decide.

One of the circumstances in which others can utilize copyrighted works is when it is considered "fair use." For a more detailed description of fair use, refer to the Association of Research Libraries' Code of Best Practices in Fair Use for Academic and Research Libraries.

If it has been established that a planned use of a copyrighted item is not fair use, you may need permission from the copyright holder. This means contacting the copyright holder (or their agent) and requesting permission to copy or publicly display the work. Royalties may have to be paid to obtain permission. For printed works, particularly periodical articles, the Copyright Clearance Center (CCC) provides this service.

Instructions for First-time Users of the CCC

To get started with the CCC, go to the Copyright Clearance Center homepage and choose the "Get Permissions" link. This will navigate to the CCC Marketplace. Use the search box to look for the copyrighted work.

Many permissions costs are available instantaneously, but some require "special order," which can take weeks and ultimately may end in a "denied" response if the CCC is unable to get a response from the publisher. It may be worth checking a publisher's website for how they handle permissions—unless the publisher specifically states one needs to go through the CCC. It is sometimes possible to obtain free permission directly from the publisher that one would otherwise pay for through the CCC.

The University of St. Thomas does not currently have an organizational license; permissions are handled by individuals on a pay per use basis.

First time users of the CCC will need to open an account for billing purposes. You are responsible for paying for your permissions from either departmental or personal funds. You can search the CCC permissions database without an account to see if the publication you want to use is included, what uses are allowed, and what the cost will be. But you need an account to pay for any permissions.

You can open either an organizational account or an individual account. Organizational accounts are useful if your department wishes to have multiple users on the same billing account. All users on the account can have their own username and password which allows them to view only their own activity. To establish an organizational account, you will enter contact information for one user and information for the billing contact.

Yes, unless you own the copyright (i.e., you created the work yourself) or you have permission from the copyright holder to distribute it. Legally purchasing a song or a movie may not give you the right to share it with others.

It is not against the law to use a P2P file-sharing program or to share non-copyright protected materials such as your own works or works in the public domain. If you purchase a song or a movie, you have the right to keep a copy of it on your computer for your own use. But if your computer contains P2P software, you may be sharing it with people who have not paid for it. That is copyright infringement, and you can be held responsible.

The University of St. Thomas Libraries subscribe to several databases which provide the St. Thomas community with free access to audio and visual materials.

Infringements of copyrights owned by the University of St. Thomas and copyright violations on the St. Thomas network should be reported to abuse@stthomas.edu.

Access to Course Materials

  • Linking to Online Material
  • Course Reserves
  • Library Materials Purchase Request

    • Linking to Online Material

    The Libraries subscribe to many electronic resources that provide full-text access to individual articles from journals, magazines, and newspapers. Users can search for, view, and print the articles from the Libraries' web pages.

    Course Reserves

    Course reserves is a Library service which manages physical and electronic readings for faculty courses. Course reserves staff may create an electronic file which will be delivered in the Canvas course.

    Library Materials Purchase Request

    If you would like the Libraries to order a print or electronic book, media file, or periodical that you think would be beneficial to the collection, please use the "Recommend a Title for Purchase" form on OneStThomas and it will be considered by the appropriate departmental liaison. These materials can then also be placed on course reserves.

    Linking to Online Material

    Linking to Online Material

    The Libraries subscribe to many electronic resources that provide full-text access to individual articles from journals, magazines, and newspapers. Users can search for, view, and print the articles from the Libraries' web pages.

    Course Reserves

    Course Reserves

    Course reserves is a Library service which manages physical and electronic readings for faculty courses. Course reserves staff may create an electronic file which will be delivered in the Canvas course.

    Library Materials Purchase Request

    Library Materials Purchase Request

    If you would like the Libraries to order a print or electronic book, media file, or periodical that you think would be beneficial to the collection, please use the "Recommend a Title for Purchase" form on OneStThomas and it will be considered by the appropriate departmental liaison. These materials can then also be placed on course reserves.

    Copyright Law & the University of St. Thomas

    The University of St. Thomas respects the rights of the owners of intellectual property and seeks to comply fully with U.S. copyright law. Ultimately, the users of copyrighted works are responsible for making their own decisions on the appropriate use of materials.

    Copyright Law

    The basis for U.S. copyright law is found in the U.S. Constitution. Congress has operationalized copyright law in Title 17 of the U.S. Code.

    Other acts and policies that address the use of copyright in educational settings:

    One provision of the Digital Millennium Copyright Act (DMCA) relates to the limitation of liability for online service providers. The University of St. Thomas is an online service provider under the definition in this Act and has elected to take advantage of this limitation of liability. We are required under the DMCA to appoint an agent to receive notification of claimed infringement from the copyright holder. This would occur where infringing copies are posted on the University's computer network.

    The University's agent is:

    Chris Gregg
    ITS
    Mail # AQU 106
    University of St. Thomas
    2115 Summit Ave.
    St. Paul, MN 55105
    (651) 962-6265

    TEACH liberalized the provisions of section 110 of the copyright law as it applies to the fair use of copyrighted materials in distance education. The revisions expanded the type of works allowed for display or performance, the permissible locations for viewing them, and provisions for digitization, storage, and access in the context of institutions providing distance education for their students.

    The Higher Education Opportunity Act of 2008 (HEOA) is a reauthorization of the Higher Education Act of 1965. It includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that:

    • Institutions make an annual disclosure that informs students that illegal distribution of copyrighted materials may subject them to criminal and civil penalties and describes steps the institution takes to detect and punish illegal distribution activities.
    • Institutions certify to the Secretary of Education that they have developed plans to "effectively combat" the unauthorized distribution of copyrighted material.
    • Institutions, "to the extent practicable," offer alternatives to illegal file sharing.
    • Institutions identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials.

    This document outlines The University of St. Thomas's plans to comply with these requirements.

    Annual Disclosure

    St. Thomas views education as the most important element in combating illegal sharing of copyrighted materials by students. It uses a wide variety of methods to inform the campus community about the law and St. Thomas's response to copyright infringement claims:

    • The unauthorized downloading and distribution of copyrighted materials using peer-to-peer software and other means is against the law and could subject persons to criminal or civil penalties. In addition, infringing actions that use University networks or facilities are against University policy, including the Responsible Use Policy, Intellectual Property Policy, and Student Code of Conduct, and could subject persons to University disciplinary actions.
    • All users must acknowledge and agree to abide by the University's Responsible Use Policy which covers illegal distribution of copyrighted materials and inappropriate use of the network. All users must reaffirm this policy when they access the University's residential and wireless networks.
    • This Annual Notice will be made available on St. Thomas's copyright page. Every year, the University will send an email directing all students to required disclosures that link to this notice via St. Thomas's copyright page.
    • ITS staff are regularly trained on St. Thomas's policies and practices with respect to copyright issues.
    • ITS periodically briefs relevant governance bodies and the campus community on responsible use and infringement-related topics.
    • The University policies and procedures concerning the DMCA and St. Thomas's response to infringement claims are maintained on St. Thomas's copyright page.

    Plans to "Effectively Combat" the Unauthorized Distribution of Copyrighted Material

    Consistent with HEOA regulations, the University maintains a vigorous program of accepting and responding to all DMCA notices. In addition, St. Thomas currently uses a technology deterrent to shape bandwidth on the wireless and residence hall networks. This appliance is configured to place a high priority on educational uses of the network. Finally, the University employs tools to monitor network traffic. If a system is found to be using excessive bandwidth, the owner will be contacted to confirm that the bandwidth consumption is for valid university purposes and that the user is aware of campus policies.

    Alternatives to Illegal File Sharing

    Users are encouraged to visit Educause's list of legal alternatives for obtaining music, videos, and other digital content. Users may also consult with St. Thomas's Copyright Committee (copyright@stthomas.edu) for other legitimate resources or alternatives.

    Reviewing Effectiveness

    These steps will be reviewed annually and revised as necessary to remain in compliance. The review will assess the overall effectiveness of the University's plan based on the number of DMCA notices received relative to the number of infringement capable devices, number of repeat offenders per year, results of traffic shaping and monitoring, and feedback from users. Any changes will take effect at the commencement of the following academic year.