Copyright and Online Learning Environments
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This document discusses copyright and online learning environments. It covers topics such as copyrighted materials, public domain works, fair use, linking, Creative Commons, licensed materials from the library, and reserving materials. The document provides definitions and guidelines regarding using various types of materials in online courses, including when permission is required versus what is allowed under fair use or licensing terms. It aims to help instructors understand copyright considerations for utilizing different media in their online classes.
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Copyright and Online Learning Environments
- 1. Copyright and Online Learning Environments • Rafia Mirza • Digital Humanities Librarian • Josephine Murdock • Reserves Manager • Lydia Pyburn • Off-Campus Services Librarian 2/26/2014 1
- 2. • Copyrighted Materials • Materials found on the Open Web • Public Domain • Fair Use • Linking • Creative Commons • Licensed Materials (in our Library) • Materials found though Library Resources (catalog, databases, etc.) • Types of Materials • Materials that can be accessed by a single user at a time vs. materials than can be accessed by multiple users at a time • Audiovisual materials • Linking • Reserves 2/26/2014 2
- 3. “Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. ” via copyright.gov Image via http://ygraph.com/chart/2306 2/26/2014 3
- 4. Copyright • All Rights are Reserved o This means you must ask for permission for any use not covered by Fair Use o Without the copyright holder's permission, the work cannot be • Used • Adapted • Copied • Published • Modified Image via Cory Doctorow http://flic.kr/p/c1fe 2/26/2014 4
- 5. Public Domain o The public domain consists of works that were: o Created before 1923 • 12 Years a Slave (published 1853) o Some works after 1923 may be in the public domain, this is determined on a case by case basis o Works by the United States Government are considered public domain Image via NASA http://www.nasa.gov/multimedia/imagegallery/image_feature_693.html 2/26/2014 5
- 6. Fair Use Image via Eric J Heels http://www.erikjheels.com/2007-07-18-drawing-that-explains-copyright-law.html 2/26/2014 6
- 7. Fair Use • “Section 107 [of copyright law] 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. o The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes o The nature of the copyrighted work o The amount and substantiality of the portion used in relation to the copyrighted work as a whole o The effect of the use upon the potential market for, or value of, the copyrighted work. Via U.S. Copyright Office http://www.copyright.gov/fls/fl102.h tml 2/26/2014 7
- 8. Linking Image Via Preston Digital Archives http://flic.kr/p/hR4wBs 2/26/2014 8
- 9. Creative Commons Image via Opensource.com http://flic.kr/p/dz19kc 2/26/2014 9
- 10. Creative Commons Image via Jan Slangen http://flic.kr/p/9vXrpm 2/26/2014 10
- 11. Licensed Materials (in our Library) • License agreement o A contract between two or more parties stipulating permission to use materials for a specific period and cost. • You can use licensed electronic materials in your classes o Articles o Ebooks o Audiovisual materials 2/26/2014 11
- 12. Articles in PDF format 2/26/2014 12
- 14. Audiovisual materials • Databases o Naxos Music Library or Ambrose Streaming Video • Streaming o We can get streaming rights for online classes, but advance notice is required o Even if the library owns the physical DVDs, you will need to contact us in advance so we can make sure we have streaming rights 2/26/2014 14
- 15. Linking • If allowed by our licensing agreements you may link to our online articles o Permalinks versus Dynamic links 2/26/2014 15
- 16. Reserves • Another Course Management System o Materials for Print Reserves o Scan and upload PDF files for E-Reserves o Link to online articles o Permanent Links versus Dynamic Links • Reserves Copyright Guidelines • Copyright Guidelines for Posting Documents to Blackboard 2/26/2014 16
- 18. Presenters • Rafia Mirza • Digital Humanities Librarian • rafia@uta.edu • Josephine Murdock • Reserves Manager • murdockj@uta.edu • Lydia Pyburn • Off-Campus Services Librarian • llpyburn@uta.edu This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. 2/26/2014 18
Editor's Notes
- http://libguides.uta.edu/copyrightRafia
- http://www.copyright.gov/help/faq/faq-general.html#whatRAFIAhttp://copyright.lib.utexas.edu/teachact.htmlhttp://www.ala.org/advocacy/copyright/teachact/faqhttp://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939http://www.ala.org/Template.cfm?Section=distanceed&Template=/ContentManagement/ContentDisplay.cfm&ContentID=34705RAFIA"Technology, Education and Copyright Harmonization Act" (the TEACH Act)“The TEACH Act: Section 110(2) Of The Copyright ActThe Technology, Education and Copyright Harmonization Act (aka TEACH Act) was enacted eight years (2002) ago as an amendment to Section 110(2) of the Copyright Act. It is, in fact, simply the current version of Section 110(2) and is not a separate law. Referencing the TEACH Act, after so many years, as the TEACH Act, has actually become misleading at this point. It is more accurate, when considering whether or not to transmit performances and displays of copyrighted materials - such as those used in online courses - to assess the options as follows:1. Is permission required from the copyright holder?2. Does the proposed use constitute a fair use as outlined in Section 107 of the Copyright Act? or2. Does the proposed use fit within the transmission performance and display exception (Section 110(2)) of the Copyright Act?Of course, if you are the copyright holder of the work or the work is in the public domain, you may use the work freely. http://www.provost.ncsu.edu/copyright/toolkit/RAFIA
- http://copyright.cornell.edu/resources/publicdomain.cfmhttp://www.copyright.gov/help/faq/faq-definitions.htmlhttp://www.usa.gov/copyright.shtmlhttp://slaverystories.org/solomon-northup/http://www.nasa.gov/multimedia/imagegallery/image_feature_693.htmlRAFIA
- In the United States, fair use is an exception to copyright law allowing users to reproduce copyrighted work “for purposes such as criticism, comment, news reporting, teaching . . . , scholarship, or research” (to quote the U.S. copyright statute).13Fair use has four characteristics that matter to us here. First, the permission for fair use is granted by law and needn’t be sought from the copyright holder. Or equivalently, the statute assures us that no permission is needed because fair use “is not an infringement of copyright.” Second, the permission is limited and doesn’t cover all the uses that scholars might want to make. To exceed fair use, users must obtain permission from the copyright holder. Third, most countries have some equivalent of fair use, though they differ significantly in what they allow and disallow. Finally, fair use is vague. There are clear cases of fair use (quoting a short snippet in a review) and clear cases of exceeding fair use (reprinting a full-text book), but the boundary between the two is fuzzy and contestable. (ch 3 suber) http://mitpress.mit.edu/sites/default/files/titles/content/openaccess/Suber_10_chap3.htmlhttp://www.copyright.gov/help/faq/faq-fairuse.html#howmuchRAFIA
- In the United States, fair use is an exception to copyright law allowing users to reproduce copyrighted work “for purposes such as criticism, comment, news reporting, teaching . . . , scholarship, or research” (to quote the U.S. copyright statute).13“Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly report”(ch.3Suber)Fair use has four characteristics that matter to us here. First, the permission for fair use is granted by law and needn’t be sought from the copyright holder. Or equivalently, the statute assures us that no permission is needed because fair use “is not an infringement of copyright.” Second, the permission is limited and doesn’t cover all the uses that scholars might want to make. To exceed fair use, users must obtain permission from the copyright holder. Third, most countries have some equivalent of fair use, though they differ significantly in what they allow and disallow. Finally, fair use is vague. There are clear cases of fair use (quoting a short snippet in a review) and clear cases of exceeding fair use (reprinting a full-text book), but the boundary between the two is fuzzy and contestable. (ch 3 suber) http://mitpress.mit.edu/sites/default/files/titles/content/openaccess/Suber_10_chap3.htmlhttp://www.copyright.gov/help/faq/faq-fairuse.html#howmuchThe four factors judges consider are:the purpose and character of your usethe nature of the copyrighted workthe amount and substantiality of the portion taken, andthe effect of the use upon the potential market. (Fair use Overview, Stanford Libraires ) RAFIA
- http://www.chillingeffects.org/linkinhttp://fairuse.stanford.edu/overview/website-permissions/linking/g/faq.cgiRafiaIt’s okay to link to other websites, but maybe in grey area if copy and paste from website and then provide the link to it. Always check on links, because they are subject to change.
- Rafia
- Rafia
- http://libguides.uta.edu/linkingLYDIA Lydia can take over on the Pdfsvx items with limited seats—if this is ok w/you Lydia
- LYDIAChoose books that have option to either download PDF chapter of book or to print a certain amount of pages.Or articles with PDF
- LYDIAProblems that occur, only one user per book…30 minute timeoutDownload the whole book. Check with us because we can see how many users are approved or work to negotiate the license.
- LYDIA
- http://www.chillingeffects.org/linkinhttp://fairuse.stanford.edu/overview/website-permissions/linking/g/faq.cgiLinking to a website doesn't infringe copyright, Europe's Court of Justice saysLYDIAIt’s okay to link to other websites, but maybe in grey area if copy and paste from website and then provide the link to it. Always check on links, because they are subject to change.
- JOSIE
- [East Corridor, First Floor. Mosaic in domed lobby at head of stairway leading to ground floor, with quotation "Knowledge is power." Library of Congress Thomas Jefferson Building, Washington, D.C.] (LOC)http://www.flickr.com/photos/library_of_congress/7562151600/