Item Opposing Fair Use
Bad-Faith Behavior
Explanation
Misrepresenting the nature of how you intend to use the copyrighted material, using an illegally obtained copy of the material as your source, or repeatedly using the material semester after semester without seeking permission are examples of acting in bad faith.
For each Document Request Form submitted to the Duplication Design Center, we must affirm that
In submitting this job request, I have complied with the Copyright Law of the United States (Title 17, U.S. Code).If you submit work to be copied and have not familiarized yourself with Copyright Law, you are acting in bad faith.
Errors Can Be Made in Good Faith
We are aware of a case of a Schoolcraft College instructor who, in good faith, reproduced a handout that had been prepared by an organization with whom the college has a close working relationship; an organization that did not care that their materials were being reproduced by the instructor. After distributing the copies in his class, the instructor found out the materials had not been reproduced by the organization but were actually part of a workbook owned by someone else.
Although our colleague did not act in bad faith when he used the material for his class, now that he knows that the materials had been illegally reproduced, he would be acting in bad faith if he used the materials again without the permission of the actually copyright holder.
