This document discusses copyright issues related to regional campuses and distance education. It covers what types of works are protected by copyright, exceptions, fair use guidelines, the TEACH Act which updates copyright law for online courses, using library resources and images, obtaining permission and open licenses, and sources for further information. Key points include that copyright automatically protects new works, fair use allows limited use of copyrighted works for educational purposes, the TEACH Act specifies requirements for using copyrighted works in online courses, and permission is required to use most images. Contact a librarian or USU General Council with any specific copyright questions.

1. Copyright Issues for Regional Campuses and Distance Education Britt Fagerheim Coordinator of Library Services for Regional Campuses and Distance Education britt.fagerheim@usu.edu 435-797-2643

2. What is Covered by Copyright? Copyright is automatically granted at the time a new work is created, including works of literature, music, photography and images, and other creative works. Registration or attaching a copyright notice to a work is not required. Copyright grants the exclusive rights to (or authorizes others to) reproduce the work, display the work, and create derivative works.

3. What is Covered by Copyright A work is under copyright for 70 years after the death of the author. Exception: Works created or published before 1923 (in the U.S.) are in the public domain. Exception: Works produced by the U.S. government are not under copyright. Luckily, copyright law includes the principal of “fair use”.

4. Fair Use Limited use of copyrighted material without permission of holder, for limited purposes. Typically fair use covers using selections of copyrighted material in the classroom for educational purposes. Four factors to consider: Purpose and character of the use (commercial use or nonprofit/educational use) Nature of the copyrighted work, i.e. fiction or non-fiction, published or unpublished

5. Fair Use Four factors cont: Amount and substantiality of the portion of the work used in relation to work as a whole Effect of the use upon the potential market for or value of the copyrighted work See Fair Use checklists (i.e. http://lib.byu.edu/departs/copyright/overview/Checklist_for_Fair_Use.pdf)

6. TEACH Act Update to copyright law to cover transmission and displays of copyrighted material. Applies to online courses and distance education. Materials covered under the TEACH act must be: an integral part of the class experience (not supplemental materials such as textbooks or course packets) controlled by or under the supervision of the instructor analogous to the type of performance or display that would take place in a live classroom setting.

7. TEACH Act Specific requirements of the TEACH act include: “reasonable” efforts must be made to prevent retention and dissemination of copyrighted works Materials should only be available to currently enrolled students Students must be informed that the materials they access are protected by copyright. The educational institution must have a policy on the use of copyrighted materials and provide copyright resources for faculty. Covers digital copies of print or video

8. Library E-Journals 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. Look for “durable link” or “permanent link” on the record in the database. See http://libguides.usu.edu/rcde_faculty or ask a librarian if you have any questions.

9. Course Readers USU Bookstore Academic Publishing takes care of copyright clearance and binding for course packets. Cost of course packs covers copyright fees. Students can have course packs sent to them. For information: 435-797-2742 or academic.pub@gmail.com or Heidi.harris@usu.edu (435.797.1671)

10. Course Reserves Staff will scan photocopies of previous tests, course notes, print journal articles, book chapters, and other materials. Instructor is responsible for copyright clearance. Guide for Course Reserves. Contact Cindy Sherman: cindy.sherman@usu.edu, 435-797-6998

11. Author’s Rights and Open Access Learn more about movements in scholarly communications for author’s rights and open access: SPARC: Resources for Authors Create Change (Assoc. of Research Libraries) USU Digital Commons

12. Images Assume all images are under copyright. It is not sufficient to merely provide an acknowledgement for a photo or image. Look for a “terms of use” or copyright information on the site and suggested credit information (i.e. http://www.si.edu/copyright) For classroom use, apply fair use rules.

13. Images on Websites Size and resolution of image is a factor, i.e. small or thumbnail images. Use public domain material. Obtain written permission to use image Use images with a statement of permissible use or open license (Creative Commons).

14. Creative Commons A way for creators to specify the copyright restrictions for their works. Most often found on websites and images online. Licenses include Attribution, Share Alike, and/or Noncommercial, with or without allowing Derivatives.

15. Sources Getting Permission: How to License and Clear Copyrighted Materials Online and Off (e-book from Merrill-Cazier Library) BYU Copyright Licensing Office http://www.lib.byu.edu/departs/copyright/ Copyright Basics (2007). University of Michigan. http://www.copyright.umich.edu/basics.html

16. Sources TEACH Act, Penn State (2009). http://tlt.its.psu.edu/dmd/teachact/teachactFAQ.html Hoon, P. (2007). Know Your Copy Rights FAQ. Association of Research Libraries. http://www.knowyourcopyrights.org/resourcesfac/faq/

17. Specific Questions? Contact a librarian 435-797-2643 1-800-525-7178 library.help@usu.edu Library Research Guide: Copyright Contact USU General Council 435-797-1156