When a professor scans part of a textbook, uploads a video or posts some readings on Sakai, copyright experts say they are stepping into a legal gray area.
Professors cite “fair use” — which is a legal defense established in 1976 copyright laws — to use copyrighted work for classes without permission from a publisher or author.
Deborah Gerhardt, a UNC law professor, said copyright law is interpreted on a case-by-case basis.
“Really it’s impossible to give advice on ‘fair use’ in a vacuum,” she said. “Depending on what it is, it might not even be copyright infringement at all.”
Under the “fair use” defense, courts consider four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used and the effect on the value of the copyrighted work.
If any of these factors are violated, it can be considered a copyright violation.
Gerhardt said course packs — collections of readings or problems necessary for a class — that some professors require can be a source of conflict between the creators of the work and the users. Course packs are sold at UNC Student Stores.
“Publishers have thought that they may be entitled to revenue from those,” Gerhardt said.
But in some cases, the publishers receive no revenue.