Copyright: Regional Campuses and Distance Education


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Copyright: Regional Campuses and Distance Education

  1. 1. Copyright Issues for Regional Campuses and Distance Education<br />Britt Fagerheim<br />Coordinator of Library Services for Regional Campuses and Distance Education <br /> <br />435-797-2643<br />
  2. 2. What is Covered by Copyright?<br />Copyright is automatically granted at the time a new work is created, including works of literature, music, photography and images, and other creative works.<br />Registration or attaching a copyright notice to a work is not required.<br />Copyright grants the exclusive rights to (or authorizes others to) reproduce the work, display the work, and create derivative works.<br />
  3. 3. What is Covered by Copyright<br />A work is under copyright for 70 years after the death of the author.<br />Exception: Works created or published before 1923 (in the U.S.) are in the public domain.<br />Exception: Works produced by the U.S. government are not under copyright.<br />Luckily, copyright law includes the principal of “fair use”.<br />
  4. 4. Fair Use<br />Limited use of copyrighted material without permission of holder, for limited purposes.<br />Typically fair use covers using selections of copyrighted material in the classroom for educational purposes.<br />Four factors to consider:<br />Purpose and character of the use (commercial use or nonprofit/educational use)<br />Nature of the copyrighted work, i.e. fiction or non-fiction, published or unpublished<br />
  5. 5. Fair Use<br />Four factors cont:<br />Amount and substantiality of the portion of the work used in relation to work as a whole<br />Effect of the use upon the potential market for or value of the copyrighted work<br />See Fair Use checklists (i.e.<br />
  6. 6. TEACH Act<br />Update to copyright law to cover transmission and displays of copyrighted material.<br />Applies to online courses and distance education.<br />Materials covered under the TEACH act must be: <br />an integral part of the class experience (not supplemental materials such as textbooks or course packets)<br />controlled by or under the supervision of the instructor<br />analogous to the type of performance or display that would take place in a live classroom setting.<br />
  7. 7. TEACH Act<br />Specific requirements of the TEACH act include:<br />“reasonable” efforts must be made to prevent retention and dissemination of copyrighted works <br />Materials should only be available to currently enrolled students<br />Students must be informed that the materials they access are protected by copyright.<br />The educational institution must have a policy on the use of copyrighted materials and provide copyright resources for faculty. <br />Covers digital copies of print or video<br />
  8. 8. Library E-Journals<br />Library e-journals and database content: okay to link directly to content in the database or journal, but typically cannot place material into Blackboard or course site.<br />Look for “durable link” or “permanent link” on the record in the database.<br />See or ask a librarian if you have any questions.<br />
  9. 9. Course Readers<br />USU Bookstore Academic Publishing takes care of copyright clearance and binding for course packets.<br />Cost of course packs covers copyright fees.<br />Students can have course packs sent to them.<br />For information: 435-797-2742 or or (435.797.1671)<br />
  10. 10. Course Reserves<br />Staff will scan photocopies of previous tests, course notes, print journal articles, book chapters, and other materials.<br />Instructor is responsible for copyright clearance.<br />Guide for Course Reserves.<br />Contact Cindy Sherman:, 435-797-6998<br />
  11. 11. Author’s Rights and Open Access<br />Learn more about movements in scholarly communications for author’s rights and open access:<br />SPARC: Resources for Authors<br />Create Change (Assoc. of Research Libraries)<br />USU Digital Commons<br />
  12. 12. Images<br />Assume all images are under copyright. <br />It is not sufficient to merely provide an acknowledgement for a photo or image.<br />Look for a “terms of use” or copyright information on the site and suggested credit information (i.e. <br />For classroom use, apply fair use rules.<br />
  13. 13. Images on Websites<br />Size and resolution of image is a factor, i.e. small or thumbnail images.<br />Use public domain material.<br />Obtain written permission to use image<br />Use images with a statement of permissible use or open license (Creative Commons).<br />
  14. 14. Creative Commons<br />A way for creators to specify the copyright restrictions for their works.<br />Most often found on websites and images online.<br />Licenses include Attribution, Share Alike, and/or Noncommercial, with or without allowing Derivatives.<br />
  15. 15. Sources<br />Getting Permission: How to License and Clear Copyrighted Materials Online and Off (e-book from Merrill-Cazier Library)<br />BYU Copyright Licensing Office<br />Copyright Basics (2007). University of Michigan.<br />
  16. 16. Sources<br />TEACH Act, Penn State (2009).<br />Hoon, P. (2007). Know Your Copy Rights FAQ. Association of Research Libraries. <br />
  17. 17. Specific Questions?<br />Contact a librarian<br />435-797-2643<br />1-800-525-7178<br /><br />Library Research Guide: Copyright<br />Contact USU General Council<br />435-797-1156<br />