Fair use is very broad for traditional, face-to-face instruction (including the use of Ball State's VIS). For example, library media can be used repeatedly since no reproductions are made. However, fair use is a privilege that includes exclusions on some types of reproductions for face-to-face instruction. A second use and/or reproduction of copyrighted material(s) might be beyond the privilege of fair use in that it may fail some or all of the four factors in the Copyright Act that determine fair use.

Some materials, however, can be used and reproduced over and over again for face-to-face. These include the following types of materials:

  1. All United States Federal Government Works. The Federal Government cannot be an author of a work;
  2. Any laws that are not annotated or do not have any editorial comments made in them;
  3. Works in which the copyright has expired. Works published between 1906 and 1977 that are now at least 75 years old have passed into the public domain. Please note that works published from 1978 onward have a copyright duration of the life of the author plus 70 years;
  4. Works in which the copyright was not renewed. These are difficult to determine. However,the library has a number of volumes that pertain to motion pictures. For example the book, Motion Pictures in the Public Domain. The University Copyright Center will assist in determining the copyright status of other works for you;
  5. Works that lack a proper copyright notice. Works published before 1989 [when the U.S. signed the Berne Convention International Copyright Treaty] without proper copyright notice fall under two laws: the very strict, 1909 Act and the more liberal, 1976 Act. University Copyright Center will assist you in determing whether a copyright has expired or not;
  6. Works dedicated to the public domain. These are rare but are annotated as being in the public domain;
  7. Royalty-free works. There are many of these works available in various types of formats. The library has a number of these works in Instructional Services. Please ask the Instructional Services personnel for a list of these materials or contact the University Copyright Center for a list of these materials; and,
  8. Your own abstracts of articles or chapters of copyrighted works containing less than 250 quoted, verbatim words.

It is the responsibility of University Copyright Center in the Libraries to assist you with your fair use concerns.