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Copyright - FAQs and Best Practices

This guide will help you navigate U.S. copyright law in your scholarly activities.

General FAQs

  1. How do I know if a work is copyrighted? What if I want to use a copyrighted work in the classroom or in publication?
  2. How do I find out who owns the copyright?
  3. How do I get permission to use a copyrighted work?
  4. How do I determine if something is fair use?
  5. How do I know how much of a work I can use under fair use?
  6. Can I repeatedly use the same material under fair use?
  7. Can I freely use works in the public domain?
  8. Are materials on the Internet publicly available for free use?

1. How do I know if a work is copyrighted? What if I want to use a copyrighted work in the classroom or in publication?

Ideas are not copyrighted, but the expression of these ideas are. Since 1978, anything set into a physical format (including electronic files) is automatically protected under copyright law. For pre 1978-works, use the Cornell public domain table linked in Other Reousrces to help you determine if it is copyright-protected or if it has passed into the public domain.

Best Practices

  • Assume all works, including online materials, are copyrighted unless they fall under public domain. Public domain works include most government documents.
  • If a work is copyrighted, determine whether your use falls under fair use.
  • If your use does not fall under fair use or you are using the same work repeatedly, contact the copyright owner for permission to use freely or to pay royalty fees.

2. How do I find out who owns the copyright?

Copyright usually belongs to the publisher, not the author. When you publish in a journal or book, review your contract or agreement to see who has copyright and control over your work. To find the publisher, check the back of the title page of a book or journal, or ask the library for assistance.

Best Practices

  • When you publish an article, make sure your agreement with the publisher gives you the right to make copies, use it in classes, and post it on your personal or institutional website.

3. When and how do I get permission to use a copyrighted work?

First, ensure that your use does not fall under fair use. If it does not, or you're using the same copyrighted material repeatedly, contact the publisher (as listed on the title page of the work in question) or use a service such as the Copyright Clearance Center. Before contacting the Copyright Clearance Center, make sure you've searched for comparable resources available through the library's licensed resources, in the public domain, or under a Creative Commons license. If the search yields nothing, contact a librarian for assistance.

Best Practices

  • Retain your fair use rights for the first time you use materials.
  • Only use the CCC or contact the publisher yourself if your use does not fall under fair use.
  • Use the CCC if you are using materials repeatedly over several years.
  • Use the CCC to seek permissions to create digital or paper course packs of materials.
  • Contact the CCC if you are authoring a book or other material that is using copyrighted materials.

4. How do I determine if something is fair use?

Consult the four factors of fair use. If you answer yes to all four factors, the use is fair use; if you answer no to one, carefully weigh all the fair use criteria. Under fair use, you need not ask permission or pay a licensing fee.

Best Practices

  • Give attribution for every item used - author, title, volume, year.
  • Link to articles in the library's electronic journals instead of copying and distributing them.

5. How do I know how much of a work I can use under fair use?

There is no set percentage of a work you can use for factual and scientific information. One guideline is to think about how you would want your own work used.

Best Practices

  • Select only one chapter from a book or place the book on reserve in the Library.
  • Use one, at most two, articles from a single journal issue.
  • Use materials from several current journals instead of from one journal title.
  • Use 2 or 3 images from a book or multimedia resource.
  • Use a variety of sources of information.
  • Seek permission when in doubt.

6. Can I repeatedly use the same material under fair use?

While not required under copyright law, common practice is to seek permission and/or pay permission or royalty fees for repeated use of the same copyrighted material.

7. Can I freely use works in the public domain?

Works in the public domain are not covered by copyright law and can be freely used in the entirety. Public domain works include those that have fallen out of copyright and those that are specifically placed in the public domain (such as U.S. government documents).

Best Practices

  • Assume that everything published before 1923 is in the public domain.
  • If the work was published in 1923 or later, check Cornell's public domain chart to see if it is copyright-protected.
  • Use U.S. government materials that do not have copyright restrictions.

8. Are materials on the Internet publicly available for free use? What about images?

Materials on the Internet are protected under copyright law. Many people creating online content expect others will use it for noncommercial purposes, but permissions must be found if their use does not fall under fair use.

Best Practices

  • Check the website for statements about restrictions on use.
  • Check to see if the site has a Creative Commons license allowing free use under certain conditions.
  • Ask permission to use the materials - many creators will say yes.
  • Link to the site instead of copying the content.

Classroom and Program Use

  1. What are the "Guidelines for Classroom Copying"?
  2. Can the library make copies of copyrighted work for my students for me?
  3. What is the best or easiest way to use materials for teaching?
  4. How does all of this apply to continuing education, in-service training and patient education?
  5. What copyrighted works can I use for PCOM programs?
  6. What about non-PCOM CME programs?
  7. How do I use copyrighted material in distance education?
  8. Can I show videos in a class?
  9. What is a notice of copyright?

1. What are the "Guidelines for Classroom Copying"?

The "Guidelines for Classroom Copying" (see link in Other Resources) are a set of guidelines outlined during the creation of the 1976 Copyright Act to help faculty determine fair use of books and journal articles in the classroom. The guidelines are not law, but a suggestion of the minimum (not only) standards of fair use.

According to the guidelines, you as a faculty member or instructor can create multiple copies for use by the class if the use meets certain criteria:​

  • Brevity - a short work or a short portion of the work is used.
  • Spontaneity - there is not enough time between deciding to use the work and using it to ask for permission.
  • Cumulative Effect - (1) the copying is only for one course in the school; (2) no more than one short work or excerpts can be used from the same author and no more than three from the same collective work or periodical volume PER TERM; (3) no more than nine instances of such multiple copying for one class during one term.
  • A copyright notice appears on the copy so that the students realize the work is protected under copyright law.
  • The copying should not replace a textbook, anthology, or purchase of books, reprints or journals.
  • Consumable works, such as workbooks, exercises, and study guides, may not be reproduced.
  • If you ask your students to pay for copies, the fee cannot be higher than the actual cost of copying the materials.

Best Practices

  • Share links to online library resources or place books on reserve instead of copying them.
  • Use a variety of sources instead of copying multiple chapters from one book or multiple articles from the same journal.
  • Select a textbook for the course and supplement it with selected readings.
  • Consider paying permission fees for creating a "course pack" of your readings that you can distribute electronically and use from term to term.

2. Can the library make copies of copyrighted work for my students for me?

No. Under copyright law, libraries may make only one copy for individual use when requested by a patron. You as an instructor may make copies of an article for all students, but consider if your use falls outside the Guidelines for Classroom Copying.

3. What is the best or easiest way to use materials for teaching?

Providing links to online materials available through our library is the easiest and safest path through copyright issues. The licenses for e-journals usually include the right for students to repeatedly access these materials online and make personal copies. AND you can repeatedly use the online articles from semester to semester.

Best Practices

  • Choose articles available from the Library's electronic journal subscriptions.
  • Set up links from password-protected Blackboard sites to the Library's subscription resources.
  • Send the persistent links to the articles from the electronic subscriptions to your students via email.

4. How does all of this apply to continuing education, in-service training, and patient education?

The Guidelines for Classroom Copying and the copyright law do not directly measure fair use rights for CE courses, staff training, or patient education held by institutions other than non-profit educational institutions. The general rule of thumb for using copyrighted materials outside of the classroom is to a) determine whether the event itself generates profit, and b) consider whether the fair use criteria fit your event.

Here are some examples that may provide you more guidance:

  • If you take an entire journal article and give it to a physician assistant in-service class of 20 students, it probably would not be a problem. However, if you were to teach the class 20 times to about 600 physician assistants and use the same article, that probably would not constitute fair use.
  • The same would apply for patient education. The use of one article, for one reasonably-sized patient class, would probably be fair use. However, giving every patient the same article over several weeks, months or a year, would violate fair use.
  • It would be the same scenario for continuing education - one class is probably fair use, but repeatedly using the same article would not be fair use. You might also be able to justify a one-time use for a large conference, but not a second or a repeated use.
  • If you create a handout using mostly tables and illustrations from one book or journal, that would not be fair use.
  • When putting together a presentation, it is probably not fair use if you use a number of graphs and figures from only one or two articles.

Best Practices

  • Check to see if the materials are available in the Library. If they are, send people there to use them. Always check with the Library before providing links to electronic resources to external participants, since license and contract terms may prohibit sharing the resources outside the institution.
  • For internal CE and in-service training programs, send out the link or post the link to the item on an intranet or private Web page.
  • For patient handouts, check to see if the Library or PCOM Health Care Centers subscribes to a service that allows copying for patients.
  • Use an article, chapter, or other work, only once per training session or class, and make sure the size of the class is within reason.
  • Seek permission from the copyright owner (author or publisher) to see if they will allow free use, especially for in-service programs or patient education.
  • Create your own handouts; restate the content and facts in articles and chapters in your own words, and give credit (attribution) to the original authors of the materials.
  • Use only one or two figures, illustrations, or images from the same work in presentations and handouts.

5. What copyrighted works can I use for PCOM programs?

In most cases your work as a teacher or presenter while at PCOM is covered under fair use. Non-profit educational activities include teaching residents, students, and fellow clinicians; this also includes continuing education activities. If the CME or CE Program begins to look like a commercial event or large revenue generator, you may need to seek permission and pay a royalty fee.

6. What about non-PCOM CME programs?

It depends. Here are some questions to ask:

  • Is the program sponsored by a commercial or non-profit entity?
  • Are you being hired to provide training by a commercial group?
  • Is a large part of your income coming from speaking engagements?
  • Does the commercial entity have a blanket license that covers copyright?

When in doubt, seek permission to use materials.

7. How do I use copyrighted material in distance education?

The TEACH Act, passed in 2001, covers the use of copyrighted material in distance education courses. While fair use is still applicable in distance education, the format means that what would be fair use in a face-to-face class is not necessarily fair use online. If you want to use copyrighted materials in a distance education course, consult the law and comprehensive guides such as the American Library Association's (linked in Other Resources).

Under the TEACH Act, use of copyrighted material in distance education is permitted under certain criteria:

  • The institution has a policy on the use of copyrighted material.
  • All copyrighted material used in class must include a copyright notice.
  • The material must be owned by the instructor or institution, not borrowed through interlibrary loan or other methods.
  • The material should be used during the class session, not assigned for before or after the class session.
  • The material must be directly related to and of importance to the teaching of the content.
  • The material should be directly sent to and only accessible by students in the class.
  • Technological measures must be taken to ensure the material is not accessible beyond the class session and cannot be further disseminated.
  • Analog material (paper, film, video) may be converted to digital formats if a digital version is not available for purchase or lease.

Best Practices

  • Carefully read over PCOM's copyright policies and the TEACH Act criteria for what types of copyrighted materials can be used and in what situations.​
  • Use only protected sites for transmitting the materials to registered students, and make sure access to materials is limited to the class time.
  • Purchase materials designed for distance learning.
  • Seek permission or pay the royalty fees for using the works if they are not covered under fair use or the TEACH Act.

8. Can I show videos in a class?

Yes. A specific exception to the copyright law allows showing videos in the course of face-to-face instruction. While best practice is to use clips or excerpts from a video, the exception extends to showing entire films.

This exception does not apply to distance education, meaning that fair use and the TEACH Act must be used for guidance. The use of video in distance education should be limited to short clips or small portions of a work, and must be accessible only to students in the class.

9. What is a notice of copyright?

The law requires that individuals be informed that materials may be copyrighted and protected under the law. If there is no visible statement of copyright on copies that you are making for others or posting on your class website, then you must add the following statement:

This work may be protected by copyright.

Best Practices

  • Check to see if there is a copyright statement already on the material you are copying or scanning.
  • If there is not a statement, add the copyright statement to at least the first page.
  • Use a rubber stamp or type the phrase on at least the first page of the article or chapter or below the image.
  • Make sure the copyright statement is legible and easy to view.

Working with Print and Electronic Journal Articles

  1. How can I use the PDF and HTML files from electronic journals?
  2. Can I scan a paper copy and distribute it?
  3. Can I create a packet of photocopied articles for students? Is this a course pack?
  4. Can I create a database or collection of articles that I can share with students or colleagues?
  5. Can I post my own article to the Web?
  6. Can I make as many copies as I want of my own article?
  7. Do I have to seek permission to link to something on the Internet?

1. How can I use the PDF and HTML files from electronic journals?

For most articles, you are allowed to download the files for individual use only. Distributing these files to the public, sending them to colleagues, or even posting them on an internal website is generally prohibited. A good rule of thumb is to link to articles whenever possible; individuals within your institution will have access, those from another academic institution may also have access through their library, and anyone can access the article if it's open access.

Best Practices

  • In Blackboard, link to the article you're sharing instead of posting the actual file.
  • Save a copy for personal use only.
  • Seek permission to create an electronic "course pack" from the Copyright Clearance Center or check the publisher's policy for electronic articles.
  • Contact the Library if you're unsure what you can do with a particular article.

2. Can I scan a paper copy and distribute it?

You are allowed to make a scan or photocopy of an article or book chapter for personal use, but most publishers do not allow scanning articles to distribute to others. Under fair use, you may post a scanned article for your class on a password-protected website like Blackboard once.

Best Practices

  • Scan one copy for your own personal use.
  • Seek permission if you want to use the article repeatedly over several years.
  • Seek permission if you want to distribute digital copies of the article to students or colleagues.

3. May I create a packet of photocopied articles for students? Is this a course pack?

Course packs are a collection of readings selected by an instructor and provided to students, in paper or electronically, at the beginning of a class. The use of course packs is in a legal grey area; after several major court cases, many educational institutions require that faculty members seek permission and pay royalty fees for articles distributed in course packs. In addition, some publishers do not allow for an electronic course pack.

If you are wondering whether your course pack is fair use, consider:

  • Is this the first time I've copied this article for use in a course pack?
  • Does the course pack replace a textbook, losing money for publishers?
  • Is the course pack electronic and easily distributable by students?
Best Practices
  • Link to assigned articles, or place books on reserve, and have the students make their own personal copies.

4. May I create a database or collection of articles that I can share with students or colleagues?

You can create a collection or database of articles for your own personal use, but you may not make this available to students or other colleagues. However, you may create a database of links to electronic journals and books and share those links with colleagues and students.

Best Practices

  • Save references in RefWorks and share folders with colleagues and students at PCOM.
  • Keep databases or collections of articles only for personal use.
  • Create a list of links or citations to share with others.

5. May I post my own article to the Web?

If you are sure you own the copyright for it, then you are free to put the article on a website. However, most publisher agreements for authors transfer copyright to the publisher, placing restrictions on what the author can do with the article.

Many publishers do allow authors to post some version of the article on a digital repository (like PCOM's Digital Commons) or on their personal website; this can be limited to a preprint (the pre-peer review draft), postprint (the post-peer review, pre-journal formatting draft), or allow the published version. Most require a link to the publisher version of the article.

Best Practices

  • Check your agreement with the publisher and abide by those terms. If you're unsure what is allowed, contact the library.
  • Contact the library if you'd like to put your work in the Digital Commons@PCOM. A librarian will determine what version of the article can be posted.
  • If permitted, post and share your work! Put it on your website, course site, or the Digital Commons.
  • Make sure future agreements with publishers allow you to post your articles.

6. May I make as many copies as I want of my own article?

It depends on the publisher and the copyright agreement you have signed. Many publisher agreements sign over all copyright rights, including the right to distribute their own articles; some publishers, especially societies, explicitly allow authors to make copies of their articles.

Best Practices

  • Check your agreement with the publisher and abide by those terms.
  • Make sure future agreements with publishers allow you to make and distribute copies of your work.

7. Do I have to seek permission to link to something on the Internet?

You do not have to ask permission to link to anything on the Internet. However, if you plan to repeatedly refer to or permanently link to another site (particularly non-commerical websites), you may want to contact the website author or web manager to explain what and why you are linking. This not only helps the creator assess the value of their content and notify you if the URL is changing, it opens the possibility for collaboration.

Using Images

  1. How do I find free images online? When should I pay for images?
  2. Where can I find medical images?

1. How do I find free images online? When should I pay for images?

When you're using an image for a presentation, blog, or on social media, it's important to consider whether you need permission to use it. Consider searching for public domain or Creative Common images that are explicitly available for you to use for free; if these images don't meet your needs, consider licensing images.

Best Practices

  • Start with the assumption that all images are protected by copyright. Fair use may apply if the image is part of a larger work (such as one figure from an article), but using a whole image often won't fall under fair use.
  • Use photographs you have taken yourself. Unless you are taking photos as part of your job, you own the copyright for your own photos. (Don't forget to obtain a model release from any persons in your photographs. This is not a copyright issue but is a privacy issue).
  • Search for images with Creative Commons licenses or those in the public domain. In Google Images, change the Usage Rights settings under Tools to limit your search.
  • Purchase images from stock photo agencies and follow the license terms; you are not outright buying the image from a stock agency but are paying for certain uses of the image. Read the specific terms and conditions to see how you are permitted to use the image.
  • Seek permission directly from the copyright owner of an image; many will allow free use in non-commercial and educational works. Always ask first if they actually own the copyright in the image.

2. Where can I find medical images?

See the Media Collections LibGuide for links to online collections of medical images for use in education. Some are free for anyone to use, some are from resources the library pays for. If you are publishing these images anywhere (posting a presentation online, using in an article) make sure to check the terms of use and consider whether your use is fair use. When in doubt, ask permission.

Using Open Access and Creative Commons Works

  1. What is open access? If an article is open access, are there still restrictions on sharing it?
  2. What is Creative Commons?

1. What is open access? If an article is open access, are there still restrictions on sharing it?

Open access works are published works made freely available to everyone, either immediately or after an embargo period. They are still copyrighted materials owned either by the publisher or author, and should be treated the same way as other materials. The advantage of these titles is that they are free to everyone, so placing a link to the work on your webpage or course site gives everyone access to this resource, including members of the public.

Best Practices

  • Instead of making copies in a paper or digital format, give students and colleagues the URL.
  • Link to the article on Blackboard instead of putting a copy on reserve.
  • Search the page the article is posted on for a Creative Commons license (see next question).
  • Visit the publisher's website to determine their policies and restrictions.

2. What is Creative Commons?

Creative Commons is an addition to traditional copyright, designed to facilitate the sharing of materials. Creative Commons licenses allow creators to specify how others can freely use their content while still retaining their copyright. Different contracts allow for different uses, such as non-commercial use only or using without changing the content.

When using materials published online, check for the Creative Commons symbol to see if you are able to freely use the work for noncommercial purposes.

Best Practices

  • Consider releasing unpublished works online under a Creative Commons license or discussing Creative Commons with your publisher.
  • Use a Creative Commons search engine like CC Search to find freely-available images, music, and videos.
  • When using a work under a CC license, make sure to read and follow the specific license. Most require attribution, and many have further restrictions on their use such as only in non-commercial works.

Guide Information

Last Updated: Sep 29, 2025 3:58 PM
URL: https://libguides.pcom.edu/copyright