Caveat: The information on this page has not been vetted for legal authority. Neither the college nor the libraries are responsible for erroneous information or actions taken as a result of this information.
The CCA Libraries support U.S. copyright law and international copyright conventions, including the Digital Millennium Copyright Act (DMCA) of 1998 and the TEACH Act (2002). Links to legislative text can be found on the U.S. Copyright Office and Cornell University Law School sites.
Fair Use does not mean that one can copy anything for educational purposes. Proper fair use requires consideration of the four-point test (below) for each instance of copying.
Section 107. Limitations on exclusive rights: Fair useNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
It is a violation of copyright law to gain unauthorized access to digital or electronic materials. The doctrine of fair use does not apply to the use or reproduction of digital material that has been improperly accessed.
Photocopying or other reproduction for personal use is allowed if use meets the fair use test. Equipment in the library and elsewhere on campus should not be used for unlawful reproduction of materials.
Videos owned by the libraries may be used by instructors for face-to-face teaching in the classroom even if labeled for "home-use-only". Only videos purchased with public performance rights may be viewed by groups in other circumstances. While in the libraries, no more than one or two persons may view a video together. The library has adopted the practices outlined in Video and Copyright: ALA Library Fact Sheet Number 7. Faculty may wish to consult the Society for Media & Cinema Studies' Fair Use Policies.
See the library's Appropriate Use of Online Resources policy for additional guidelines.
For guidance on course readers and reserves, refer to the college's Copyright Clearance Guide.
Download a pdf brochure on copyright tips for faculty.
For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c)(2), California College of the Arts has designated an agent for notification of claimed infringement as follows: David Kirshman, Vice President of Finance and Administration, 5212 Broadway, Oakland, California 94618. California College of the Arts provides the above contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to this purpose.
Last updated Sept. 1, 2009