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Fair Use of Copyrighted Material

The Northcentral University Library is committed to compliance with intellectual property law and the preservation of the rights of copyright owners and users of copyrighted materials. The Library strives to inform all its constituencies of the rights and responsibilities under the fair use provisions of the Copyright Act (17 U.S.C. Section 107).

  • Fair use applies to the digital environment without regard to the medium of the original work.
  • Fair use does not supersede licensed resources, unless the terms of controlling agreements specifically defer to U.S. Copyright Act 17 U.S.C. Section 107.
  • Fair use depends on a case-by-case examination of facts surrounding each case, and the four factors identified in U.S. Copyright Act 17 U.S.C. Section 107:
    1. The purpose or character of the use; including whether such use is of a commercial nature or for nonprofit educational purposes
    2. The nature of the copyrighted work used.
    3. The amount and substantiality of the work being used.
    4. The effect of the use on the market for or value of the original work.

The Library works to comply with the Fair Use Guidelines and the U.S. Copyright Law (Title 17, U.S. Code) regarding photocopied materials. The copyright law of the United States governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified by the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement. Northcentral University reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

Students should refer to the Acceptable Use of Information Technology policy for additional policies and procedures related to copyright infringement – including Peer-to-Peer (P2P) file sharing – institutional sanctions for student misconduct, and violations and penalties for copyright infringement under federal law.

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