Introduction
Welcome to the BYU Copyright Decision Trail User Manual. This tool is designed to help you make informed copyright decisions. The Decision Trail will walk you through a series of questions to help you decide when you can use someone else’s work legally or when you need to obtain permission. The Decision Trail contains four questions relating to the work you want to use:
- Is it (the work) in the public domain?
- Do you have permission to use it?
- Is there an exemption that covers your use?
- Does your use qualify as fair use?
If you answer “no” to each of the questions along the Decision Trail, we recommend you obtain licensing. For assistance with licensing, visit clearance.byu.edu
Navigation Buttons
At each step of the Decision Trail you will see navigation buttons. If you hover over “Yes” and “No,” you will see examples to help you understand the question. If you need additional information, click on the “?” button to view more resources, including videos, that will further inform your answer. Finally, if at any time during the Decision Trail process you need to return to the previous question, simply click on the “Back” icon.
Interactive Mini Map
On each page of the Decision Trail you will see a miniature overview of the Trail. You can click on the various icons on the Mini Map to quickly navigate to the desired question.
BYU Copyright
Decision Trail
The public domain includes:
- Works published prior to January 1, 1928;
- Works whose copyright was not renewed;
- Works created be a federal government employee within the scope of their employment;
- Works dedicated to the public domain;
and/or - Works not eligible for copyright protection (ideas, facts, titles, short phrases)
You have permission if:
- The work is licensed under a Creative Commons license;
- The work is available on a website with broad terms of use (e.g., Unsplash, Pexels, Pixabay, etc.);
and/or - The work is licensed by BYU (e.g., library databases)
Always comply with the license terms
Exemptions include:
- The face-to-face teaching exemption -§110(1);
- TEACH Act (distance education) exemption -§110(2);
and/or - Library exemption -§108
Fair use is determined by considering the following factors:
- [P] Purpose and character of the use, including whether the use is commercial or for nonprofit educational purposes;
- [A] Amount and substantiality of the portion used in relation to the original work (consider both the qualitative and quantitative amounts);
- [I] Impact and effect of the use on the potential market/value for the original work (will your use supplant the market for the original work); and
- [N] Nature of the copyrighted work (is the original work more creative or factual; published or unpublished)
For assistance, visit fairusechecklist.byu.edu
Obtain permission before use
If you answered "No" to all of the previous questions, you will need to obtain permission to use the work. The BYU Copyright Licensing Office can generally secure permissions when needed for use of third-party content at BYU. For assistance visit clearance.byu.edu.
Permitted for use
