This section describes how the creators or editors of college publications (including student publications) may use works.
Follow the steps given in section 5 of this guide, “When Copyright Permission Is Needed.”
Q: Can I publish in the Wheaton magazine a brief excerpt from a copyrighted work?
A: Yes. A brief excerpt is justified by Fair Use. But be sure to exercise good practice by citing the source.
Fair Use analysis:
| Purpose | Favorable. The use is being made at a nonprofit educational institution and the magazine is sent free to its readers. The purpose is criticism, comment, or news reporting. |
| Nature | Favorable. The use is important to the college’s educational objectives. |
| Amount | Favorable. A small quantity of the work is being used, and the amount is appropriate to the college’s educational purpose. |
| Effect | Favorable. Use of the excerpt has no significant effect on the market or potential market for the copyrighted work. |
Q: Can I publish in the Wheaton magazine a previously unpublished letter that is held in the college archives?
A: You should get the copyright owner’s permission first (in this case, likely the author’s heir). See section 9 of this guide, “How to Get Copyright Permission to Use a Work.” Then be sure to exercise good practice by citing the owner’s copyright and stating that the letter is used with his/her permission.
Fair Use analysis:
| Purpose | Favorable. The use is being made at a nonprofit educational institution and the magazine is sent free to its readers. The purpose is criticism, comment, or news reporting. |
| Nature | Unfavorable. The letter is unpublished. |
| Amount | Unfavorable. A large portion or the whole letter will be used. |
| Effect | Favorable. The letter in the college archives was lawfully acquired. Use of the letter likely has no significant effect on the market or potential market for the copyrighted work. |
Q: Can I publish a photo in Kodon?
A: Get the copyright owner’s permission first. Then be sure to exercise good practice by citing the copyright and stating that the photo is used with permission of the copyright owner.
Fair Use analysis:
| Purpose | Favorable. The use is being made at a nonprofit educational institution and Kodon is not produced for financial gain. The purpose of Kodon is educational. |
| Nature | Unfavorable. The photo is an unpublished and highly creative work. |
| Amount | Moderately unfavorable. You want to publish the photo in its entirety, although the amount used is appropriate to the educational objective. |
| Effect | Moderately unfavorable. Numerous copies of Kodon are being printed. |
Q: Do any of the above judgments change if the Wheaton magazine or Kodon is posted online?
A: No. The judgment remains the same.