Copyright and the Classroom

What do I do?

Johnny Tilton Fall 2013

Know What You Can Do!

• Often, you can use things while teaching that do not need permission or require a fee.

• Be careful of things like course packs. These often need permission.

Works not Copyrighted

• Public Domain Works– U.S. Government and pre-1923 works

• Can I?– Use in a live classroom? Yes– Post to an online class? Yes– Distribute Readings? Yes– Create Electronic Reserves? Yes

Your Own Works

• If you kept copyright or reserved use rights.• Can I?– Use in a live classroom? Yes– Post to an online class? Yes– Distribute Readings? Yes– Create Electronic Reserves? Yes

Open Access Works

• Works available online without license, password or other restrictions

• Can I?– Use in a live classroom? Yes– Post to an online class? Link– Distribute Readings? Link– Create Electronic Reserves? Link

Electronic Works Licensed by Your Institution

• Depends on license but usually permitted• Can I?– Use in a live classroom? Yes– Post to an online class? Link– Distribute Readings? Link– Create Electronic Reserves? Link

Electronic Works with a Creative Commons License

• Depends on license but usually permitted; if not, LINK

• Can I?– Use in a live classroom? Yes– Post to an online class? Yes– Distribute Readings? Yes– Create Electronic Reserves? Yes

Other Works

• When none of the above apply• Can I?– Use in a live classroom? Yes– Post to an online class? Yes• Must meet TEACH or Fair Use. If not, LINK

– Distribute Readings? Yes• Must meet TEACH or Fair Use. If not, LINK

– Create Electronic Reserves? Yes• Must meet TEACH or Fair Use. If not, LINK

TEACH Act

The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the TEACH Act’s qualifying requirements. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. The TEACH Act applies to distance education that includes the participation of any enrolled student, on or off campus.Under the TEACH Act:• Instructors may use a wider range of works in distance learning environments.• Students may participate in distance learning sessions from virtually any location.• Participants enjoy greater latitude when it comes to storing, copying and digitizing materials.

TEACH Act Cont.

What the TEACH Act Does Not AllowThe new exemptions under the TEACH Act specifically do not extend to:• Electronic reserves, coursepacks (electronic or paper) or interlibrary loan (ILL).• Commercial document delivery.• Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.• Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.

Fair Use Act Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work3. The amount and substantiality of the portion used in relation to

the copyrighted work as a whole4. The effect of the use upon the potential market for, or value of, the

copyrighted work

Fair Use Act• Copyright protects the particular way authors have expressed themselves.

It does not extend to any ideas, systems, or factual information conveyed in a work.

• The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

• When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.