A Framework for Analyzing any Copyright Problem.
Used with permission of the creators: Kevin Smith, M.L.S., J.D., Lisa A. Macklin, J.D.,M.L.S., Anne Gilliland, JD, MLS
One of the most difficult issues for educators and librarians, when faced with a copyright problem, is simply knowing where to begin -- which parts of the legal rules and doctrines apply to this specific problem.
To deal with this uncertainty, we suggest working through the following five questions, in the order they are presented. By working through them in order, it is possible to identify which of the parts of copyright law apply to the specific problem or fact pattern that you need to address.
The five questions that form this framework for copyright analysis are:
1. Is the work protected by copyright?
2. Is there a specific exception in copyright law that covers my use?
3. Is there a license that covers my use?
4. Is my use covered by fair use?
5. Do I need permission from the copyright owner for my use?