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Copyright Licensing Office

Scanning/Copying

Generally speaking, photocopying large portions of copyrighted books constitutes copyright infringement. This is the case even if you own a physical copy and simply wish to make an electronic copy of the book. Making a copy constitutes a reproduction of the book, and a copyright owner has the exclusive right to make reproductions of their work. Others cannot do so without their permission unless a legal exemption applies.

If you need an electronic copy, we suggest searching for an e-Book or kindle version of the book. Often, electronic copies are available for purchase or licensing.

In some cases, it may be appropriate to photocopy a brief portion, such as a single chapter of a larger work, for teaching purposes. Such a use would likely fall within the scope of fair use. Fair use is an exception to the rights of copyright owners which allows you to make limited uses of copyrighted works without the owner’s consent under certain circumstances, including teaching, scholarship, research, news reporting, criticism, and commentary. Courts evaluate whether use of a copyrighted work constitutes fair use by considering four factors, which you can remember by the acronym P.A.I.N.:

  1. P = the purpose and character of the use, including whether the use is commercial or noncommercial (noncommercial uses will generally weigh in favor of fair use; commercial uses will typically weigh against fair use). Courts also favor “transformative” uses. A transformative use may occur when you alter or transform the work into something new or when you use the work in a new manner or context, distinct from the intended use of the original.
  2. A = the amount and substantiality of the portion used in relation to the copyrighted work as a whole (shorter clips are more likely to fall within fair use than longer clips; however, even a short clip may weigh against fair use if it is the “heart” of the work (the most important/most interesting part of the work)).
  3. I = the impact of the use upon the potential market for or value of the copyrighted work (a use that harms the market for the work or its value, or that replaces a sale of the work or a license to use it will generally weigh against fair use); and
  4. N = the nature of the copyrighted work (if it’s more creative (e.g., music, movies, images, fiction), this factor will weigh against fair use, if it’s more factual or informational, this factor will weigh in favor of fair use).

Fair use is a balancing act. You need to evaluate and apply the four factors to each use of a copyrighted work, but you don’t necessarily have to satisfy all of them for your use to be fair. We recommend using the BYU Fair Use Evaluation Log (FUEL) to assist you in your fair use analysis.