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Copyright for Faculty

A LibGuide to inform faculty and students about copyright.

What Can You Use? General Rules

This is a general list of rules of thumb for the use of copyrighted material in the classroom. For more information, please check the tabs above.

Print Materials:

  • A single chapter from a book (5% of work for in print; 10% of work for out of print)
  • A single article from a journal issue or newspaper
  • A short story, essay, or poem from an individual work.
  • A single chart, diagram, graph, drawing, cartoon, or picture from a book, journal, magazine, or newspaper.

Distributing Copies

  • Copies made should not substitute the purchase of books, journals, etc.
  • Always provide a copyright notice on the first page of the copied material. At bare minimum your notice should state: "Notice: This material is subject to the copyright law of the United States."
  • Provide only one copy per student.
  • Copying the works for subsequent semesters requires copyright permission from the publisher.

Using Materials Found on the Internet

  • Always credit the source
  • If you are using the information on your personal web page ask permission or simply link to the site
  • If you receive permission to use the material keep a copy for your records

Using Multimedia

Multimedia works are created by combining copyrighted elements such as movies, music, sounds, graphics, and text. It is recommended that you use only small portions of other people's works.

Suggested limits:

  • Movies: Up to 10% or three minutes, whichever is less
  • Text: Up to 10% or 1,000 words, whichever is less. (The limits on poetry are more restrictive.)
  • Music: Up to 10% of an individual copyrighted musical composition. 10% of a copyrighted musical composition on a sound recording. However, no more than 30 seconds may be used without gaining permission from the copyright owner and/or publisher.
  • Photos and Illustrations: Based on the below guidelines, "a photograph or illustration may be used in its entirety, but no more than five images by one artist or photographer may be incorporated into any one multimedia program. From a published collective work, not more than 10% or 15 images, whichever is less, may be used."

Online Courses Fast FAQ


Frequently Asked Questions

1.  May I upload PDFs of articles or book chapters to my online course?

2.  May I stream entire movies in my online course?

3.  May I embed or link to entire YouTube videos in my online course?

 

Q: May I upload PDFs of articles of book chapters to my online course?

A: Where did you obtain the PDF?

If you downloaded the work from the Library's electronic resource collection, the terms of the license for that resource will control what can be done with the content.  Most of the licenses prohibit reposting materials but you are usually able to link to the work directly from your course website.

If instead, you scanned the article from a unlicensed resource, such as a print book or print journal, you will need to do a fair use analysis.
 

Q: May I stream entire movies in my online course?

A: Generally speaking, no, not without a streaming license. 

Streaming an entire movie does not constitute transmitting the performance of “reasonable and limited portions.” [see Section 110(2) discussion above).  Furthermore, if the audiovisual work is an educational work created specifically for online mediated instructional activities or is a pirated copy, it is automatically ineligible for the Section 110(2) exemption.  Similarly, this scenario is unlikely to pass the fair use analysis because most of the four factors are not in favor of a fair use finding.  Although it is a nonprofit educational use, it is not particularly transformative, the nature of the work is highly creative, the amount used is the entire work, and there may or may not be an effect on the market. 

 

Q: May I embed or link to YouTube videos into my online class?

A: There appears to be minimal risk in this activity, as follows:

There are several broad categories of YouTube videos used for courses. One type of YouTube video is one that may incorporate portions of commercially made movies and music.  YouTube has a very sophisticated system in place that automatically and immediately compares every second of every uploaded video with content in its rights management database and applies whatever rule the rights holder has attached to the content.  Given the ubiquitous nature of YouTube, it is reasonable to assume that commercial rights holders will have deposited copies of their works in YouTube’s rights management database with accompanying instructions on what to do should any of their material show up in a video.  Therefore, it follows that if a video is up for viewing on YouTube, the rights holder has allowed it.  Watch this explanatory TED video: Margaret Gould Stewart: How YouTube Thinks About Copyright.

The other type of YouTube video often used is the homemade video.  These are the ones you see of students sleeping in class, pets and children doing unusual things, and so forth.  It is likely that the photographer, who is automatically the copyright holder, is the same individual who uploaded the film to the YouTube site in the first place - clearly aware that millions of people will view and possibly use or link to it.  Based on that, there is likely an implied license to use it.

Canvas & Other Online Courses

Using Copyrighted Materials In Your Online Course

The ability to locate, copy, and upload digital materials to an online course makes it much easier to inadvertently infringe the copyright of the content provider.   What should you keep in mind while selecting course content and what can you use?

Some ground 'rules'

•  Assume all content, regardless of format, publication status, or absence of a copyright notice is copyrighted.

•  Proper attribution is necessary.  It does not mean you can use any amount of any work as long as attribution is given.

•  A nonprofit educational use is not, in and of itself, a fair one.

•  Remember that students hold the copyright to works they create for the course.  You may need their permission before you use their work.

•  Password protecting your course enhances any claim of fair use.  It is not, however, permission to upload anything/everything you wish to include.

What Can You Use?

• Use your own original works - as long as you are still the copyright holder or have retained a right to use the work for teaching purposes.

• Use works in the public domain.  A quick, but not complete, rule of thumb: if the work was published in the U.S. before 1923, it is in the public domain. However, beginning January 1, 2019, this benchmark -1923- will update to 1924.  And each year thereafter, the benchmark year will progress, that is, on January 1, 2020, the benchmark year will be 1925 and so forth.

•  Use federal government works [works created by a federal government employee within the scope of their employment]

•  Use works pursuant to the Performance and Display Provisions of Section 110(2):

     - Performance of reasonable and limited portions of movies and music as long as the work was not specifically created for online mediated educational use.

     - Display of text, images, photos, graphs, etc., in an amount comparable to what you would have ordinarily shown in a face-to-face classroom setting.

     - Requires access control at the class level and requires reasonable technological efforts to prevent the students from saving, downloading, printing, or otherwise having the work in accessible form after they log out of the class.

     - If you are unable to fit within Section 110(2), fair use (Section 107) is available.

•  Use works pursuant to Fair Use, Section 107.

Class Readings

Course Readings

The Fair Use Doctrine, or section 107 of the U.S. Copyright Act, allows reproduction of copyrighted works under certain circumstances like teaching, criticism and scholarship if, for each use, the four factors of fair use are considered in determining whether the use is fair.

In general, in a face to face classroom situation, a single copy for teaching purposes, including only a small amount of a copyrighted work (e.g. one chapter of a book), is usually acceptable.  Multiple copies provided to students should not exceed one copy per student, be used ‘in the moment’ (e.g. the inspiration and the decision to use the material must be close in time), not substitute for purchase of books by students, include a copyright notice, and not include consumable material like work book or test pages.

Useful Links

Videos

Showing Videos in the Classroom

Online and face to face classrooms are treated differently by copyright law.  However, for both types of classroom setting you can:

  • use the work in accordance with an existing license.  The library negotiates licenses to online content that allow for classroom and reserves use.  Any material located in the library's collection may be used in your class.
  • use material shared with an open use or creative commons license. 
  • share a link of the material.
  • request permissions from the copyright owner.

Instructors of face to face classes may play a video of any duration, display pictures, play music and perform plays due to an exception in copyright law (U.S. Copyright Act Section 110(1)) as long as 1.) it is a regular part of instructional activities and directly related to teaching content and 2.) no admission charge is collected. Online classes are addressed in more detail in the following section.

Useful Links

 

Showing Videos in Online Classes and the T.E.A.C.H. Act

The “Technology, Education, and Copyright Harmonization Act,” or “TEACH Act,” added to copyright law as Section 110(2) in 2002, outlines how educators may use copyrighted works in their online classes.  It includes a sizeable list of conditions that must all be satisfied in order to adhere to the law, including that the media must be lawfully acquired, part of systematic mediated instruction activities, restricted in access, that only portions of dramatic works can be shown, etc.

If your use does not fit the T.E.A.C.H. Act you can still link to the material.  Linking to an image, video, or public website is not copying.  While you should still cite and give attribution to the owner of the website, it is not usually required to request permission to link to a publicly available website.

If you are using library licensed content, your use in your class has been pre-negotiated. March Library provides a robust collection of online videos and databases that can be located via the library website.  

Livecasting & Recording Lectures

Slide Images
If it was legal to show slide images in class, it is likely legal to show them to students via live video conferencing or in recorded videos.  The issue is usually less offline versus online, than a restricted versus an unrestricted audience. As long as your new course video is being shared through course websites limited to the same enrolled students, the legal issues are fairly similar. It is also a good idea to cite any images you use, regardless of their copyright status.

Many instructors routinely post a copy of their slides as a file for students to access after in-person course meetings, which also likely doesn't present any new issues after online course meetings.

In-lecture use of audio or video

Here, the differences between online and in-person teaching can be a bit more complex. Playing audio or video from physical media during an in-person class session is 100% legal under a provision of copyright law called the “Classroom Use Exemption.” However, that exemption doesn’t cover playing the same media online. If you can limit audio and video use for your course to relatively brief clips, you may be able to include those in lecture recordings or live-casts under the copyright provision called fair use. For media use longer than brief clips, you may need to have students independently access the content outside of your lecture videos.

For more in-depth analysis, see The Copyright Implications of Teaching with Videos.

Sharing lecture recordings

The TEACH Act requires that only enrolled students can have access to online course materials. When you are sharing recordings of your lectures, be sure to make them accessible only to your students, such as through the university's Blackboard system. If you choose to upload videos to YouTube, set them to be private or unlisted. However, be aware that videos posted on YouTube may encounter some automated copyright enforcement, such as a takedown notice, or disabling of included audio or video content. These automated enforcement tools are often--incorrect--when they flag audio, video, or images included in instructional videos; they fail to account for fair use.

 

 

 This content was adapted from a guide by the University of Minnesota Libraries licensed under a Creative Commons Attribution-NonCommercial License

3D Printing

3D Printing and Copyright

Where a digital file of a book, a scan of a book, and a physical copy of a book are usually all considered equivocal copies by Copyright law, the same cannot always be said in the world of 3D printing.  Copyright may protect the design of a 3D object, the file that the printer and program use to create the object, and the final object in different ways.

 

Questions to Ask Yourself Before Beginning a 3D Printing Project

Are you beginning with a scan of a pre-existing object?

  • Did you create this object and retain copyright? (Copyright owners may copy, transform and disseminate their creations)
  • Is the object protected by copyright?  Is it wholly useful or in the public domain?  (Keep in mind that useful objects, or the useful components of objects with both useful and aesthetic characteristics are not protected by copyright.)
  • Is the object protected by other intellectual property laws?  (Useful objects, or the useful components of objects with both useful and aesthetic characteristics may be protected under other intellectual property laws, like patent law.)

Are you beginning with a design file created by someone else?

  • Is the design file protected by copyright or other intellectual property laws? (A design file for a useful object may be protected by copyright even if the 3D printed object is not.)
  • Is the file licensed under Creative Commons or other licensing mechanism that allows your use?

Are you intending to sell or license your 3D projects?

  • Is it a useful object?   (Useful objects, or the useful components of objects with both useful and aesthetic characteristics are not protected by copyright. )

You will only be able to control the copying, display and dissemination of objects or parts of objects that are protected by copyright.

Your answers to these questions will help you determine whether you need to request permissions from the copyright owner and define what rights you will have as the creator of your 3D printed work. 

 

Additional Resources for 3D Printing

These are articles and informative sites that explore how copyright applies to 3D printed objects and the process of 3D printing.