Can I use copyrighted material in a coursepack or on a course website?
The use of copyrighted material in a coursepack or on a course website without authorization is not legal unless such use falls under the Fair Use exemption. Although no single “fair use” factor is determinative, the use of copyrighted material is, on balance, more likely to be a “fair use” if: (1) The material is more factual than expressive (e.g., a digest of historical facts and figures as opposed to a fictional or analytical work); (2) Only so much of the copyrighted work is used as is necessary to accomplish your “fair use” purpose (e.g., a single chapter of a multi-chapter work), and the material is distributed only to students who are enrolled in your course (e.g., posted in a content area on your course site that is password-protected); (3) Your proposed use of the material is not a substitute for the purchase of the entire work from which the material is to be taken and would have no appreciable effect on the market for the sale of the entire work, even if the use was widespre
