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Copyright Basics
for Instructors
This
information and provided links are to provide you with help
in navigating numerous copyright issues.
American Library Association. The TEACH Act
Association of College and Research Libraries. Copyright Resources
Association
of Research Libraries. Resources for Teaching
Faculty
Start with these 5 questions:
- Is the work copyrighted?
- If not copyrighted, you can use it. (and you are finished)
- Not = often U.S. government works, public domain works,
facts and ideas, expired copyright.
- What is the class setting? (live or online)
- face to face or virtual classroom
- Is the work covered by a license?
- License (contracts) outweighs copyright.
- Library e-resources; have copyright permission for
your use.
- Does a specific exemption apply?
- CRITICAL– face to face classroom or virtual
classroom.
- Traditional—may display or perform a work for
instructional purposes, face-to-face teaching, nonprofit
educational institution.
- Online classroom—display or performances are
transmitted refer to TEACH Act.(see separate handout)
- Does fair use apply?
- Purpose & character of the use (teaching, personal,
nonprofit, restricted access, commercial, etc)
- Nature of the work (factual, published, creative, etc)
- Amount & substantiality of the portion used. (how
much is used, “heart” of it, keeping how
long, using how often, etc)
- Effect or potential effect on the market (replaces
sales, numerous copies made, makes publicly accessible
on the web,
- Fair Use guidelines include
- be a small part of the
original
- be made from a legally obtained original
- have a
full citation and copyright statement on each copy
- be used one time
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