The University of Tennessee at Chattanooga (UTC) Library adheres to U.S. copyright law [United States Copyright Act of 1976]. In particular, Section 107, the Fair Use Doctrine, and Section 108, Reproduction by Libraries and Archives, each serve as the guiding principles behind the UTC Libraries' reserves and faculty scanning service policies and procedures.
To ensure a balance of the rights of copyright owners and the public interest, Section 107 of the Copyright Act expressly permits the use and copying of copyrighted works without permission; however, the fair use exception to copyright law [United States Copyright Act of 1976, section 107] is open to interpretation, and you must make a fair use determination based on the following four factors:
You will need to consider each of these factors when determining if the use of the item is "fair." You do not have to meet each standard when determining fair use, but when more factors weigh in your favor, your use is better justified. If you find that more factors are weighing against you, it is best to obtain permission to use from the copyright holder.
If you are planning on making multiple copies of an item or using protected works for other purposes including posting on campus reserves or within course management systems, you will need to determine if the use is fair. The following checklist was developed by Duke University as a tool to assist their faculty in determining fair use. Complete the checklist for each item where you feel you need to determine and justify fair use. Make a copy for your records to document your decision-making process and good faith effort to apply the factors of fair use.