To:	The University Community
From:	Provost Charles Phelps
Re:	Copyright Clearance and Fair Use

Phelps

Last summer, we undertook a thorough review of the University's policy regarding the use of copyrighted works in the classroom. With representatives from throughout the University, we have developed a policy that complies with federal copyright law and takes full advantage of the recognized fair-use exception. (The fair-use exception allows certain limited uses of copyrighted materials without first obtaining permission from the copyright holder. It is given short shrift under our current practice of requesting permission for every classroom use of a copyrighted work.) The new Copyright Clearance and Fair Use Policy and the accompanying Fair Use Analysis Worksheet appear on the University's Web site (www.lib.rochester. edu/copyright/). Please review the policy and worksheet carefully before using any copyrighted work (including that of which you are the author, since you may not legally hold the copyright).

The new procedure puts the fair-use determination--a subjective and often difficult one to make--on the shoulders of the individual faculty members who are in the best position to make the call. The worksheet and other resources linked to the Web page are intended to assist you in making this determination. While some may find it challenging to make subjective legal judgments, the alternative (if you want a bright-line rule) is to seek permission for nearly every use. Faculty and authorized staff who make honest and good-faith determinations of fair use should not be concerned about personal liability, given the worksheet's confirmation that the University will defend and indemnify them from any resulting legal claims or challenges.

If after conducting a fair-use analysis you determine that permission to reproduce, distribute, perform, or display the work should be sought, you may seek such permission in one of three ways: 1) directly from the publisher, author, or other copyright holder; 2) through the University's account with the Copyright Clearance Center; or 3) through Barnes & Noble, the University's exclusive seller of textbooks, course packs, and other course materials. Details about how to secure permission may be found on the University's Web site (www.lib.rochester. edu/copyright/).

As you are well aware, the University is not only a user of copyright material, but a producer as well. While this new policy and procedure focuses on the former, our expectation is that consciousness will be raised and compliance enhanced on both fronts. The University's policy on Intellectual Property and Technology Transfer, administered by the Office of Research and Project Administration (ORPA), addresses copyright ownership issues within the University.