When something is under copyright, it means that no copies may be made without permission of the copyright holder. The exceptions are: a) copyright has expired, b) fair use, c) educational use. Of course, something may not be under copyright and is in the public domain.

When does copyright expire?

The United States has the most complex copyright guidelines.

Works published:

• before 1923

• after 1922, but before 1978
• 95 years from the date of publication.

• Work created, but not published, before 1978
• life of the author plus 70 years
• Unpublished work lasted until December 31, 2002.
• after 1977
• life of the author plus 70 years except
• work for hire, published anonymously or under a pseudonym
• 95 and 120 years, depending on the date the work is published.
• Between 1923 and 1963,
• Was copyright properly renewed? If not renewed, the work has fallen into the public domain and you may use it.
• See: Stanford's Copyright Renewal Database

See also: Public Domain Materials (from Stanford University)

Copyright in Countries Other than the United States

• See: How Can I Tell Whether a Book Can Go Online?

Fair use
There are four factors to consider:

1. the purpose and character of the use

• Have you transformed the original work by adding meaning or new information?

2. the nature of the copyrighted work

It is easier to claim fair use:

• from non-fiction works than fiction works
• from a published work than an unpublished work. (an author has the right to control the first public appearance of his expression)

3. the amount and substantiality of the portion taken

• Less is better, but it cannot be the “heart” of a work. Applies more for non-text, such as main parts from musical performances
• For text, consider 10%-15% of the item, or
• 1 chapter of a book
• 1 article from a journal issue

4. the effect of the use upon the potential market.

• deprives the copyright owner of income

Educational Use
(not Coursepacks, which always require permission)

Rules for Reproducing Text Materials for Use in Class

Teachers may photocopy articles to hand out in class, but the guidelines impose restrictions. The primary idea is to allow instructors to use new material where there is not time to get permission. For example, the instructor finds a newsweekly article on capital punishment two days before presenting a lecture on the subject.

Classroom copying cannot be used to replace texts or workbooks used in the classroom. Pupils cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per pupil. And a notice of copyright must be affixed to each copy.

This cannot be an official policy of the institution, but an exception
The idea to make the copies must come from the teacher, not from school administrators or other higher authority. Only nine instances of such copying for one course during one school term are permitted. In addition, the idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request.
See: Reproduction of Copyrighted Works by Educators and Librarians (from the U.S. Copyright Office)

Teachers may not photocopy workbooks, texts, standardized tests or other materials that were created for educational use. The guidelines were not intended to allow teachers to lower the profits of educational publishers. In other words, educational publishers do not consider it a fair use if the copying provides replacements or substitutes for the purchase of books, reprints, periodicals, tests, workbooks, anthologies, compilations or collective works.

Taken primarily from Stanford's Copyright & Fair Use site