Providing attribution or citing a source is not a substitute for obtaining permission when using copyrighted material in a manner that does not fall under an exception such as "fair use" or another allowable exemption under copyright law. Citation and obtaining permission serve different functions:
Citation gives credit to the creator or author and provides a way for readers to locate the original source. It's an essential practice in academic work to avoid plagiarism, but it does not negate the need to adhere to copyright laws. If you're using copyrighted material in a way that exceeds fair use or other exceptions, citation alone is insufficient to avoid infringement.
Obtaining permission is about securing the legal right to use someone else's copyrighted work in a particular way. This often involves contacting the copyright holder to ask for explicit consent and may also involve paying a licensing fee. Permission is mandatory when the way you intend to use the work does not fall under fair use, the TEACH Act, or another legal exception.
Exceeding Fair Use: If your use does not clearly fall under fair use based on the four factors (purpose, nature, amount, and effect on market value), permission is required.
Commercial Use: Using copyrighted material for commercial purposes almost always requires permission, even if the source is cited.
Distribution: Distributing copyrighted material to a wide audience (e.g., uploading course materials to a publicly accessible website) generally requires permission.
Adaptations: Creating derivative works based on the copyrighted material (like a screenplay from a book) requires permission.
Public Performances: Publicly performing copyrighted material, like playing a copyrighted song during a public event, usually requires permission. However, public performances rights for many films and videos have already been acquired by the Library. We'll talk more about that next.
So, remember, while citing a source correctly is good academic practice and essential for avoiding plagiarism, it does not absolve one from the need to adhere to copyright laws. When your use of copyrighted material does not fall under a legal exception, explicit permission is required.
For information about beginning the permissions process, contact the College's Designated Copyright Agent.
The U.S. Copyright Office explains, "statutory licenses are some of the limitations in the Copyright Act. They relate to certain uses of musical compositions, sound recordings, and cable and satellite programming. For comprehensive information on musical compositions and sound recordings, we have a number of useful resources like our Circulars and our dedicated Music Modernization Act page."
The SJR State Library has created citation guides for MLA, APA, Chicago, and IEEE citation styles. These guides can also be embedded in Canvas - contact a Librarian.
Employees and students can also use the MLA Handbook Plus for free.
Next: Pre-Licensed Material
U.S. Copyright Office. (n.d.) What is copyright? https://www.copyright.gov/what-is-copyright/
