Copyright Best Practices How to effectively leverage copyrighted materials in the face-to-face and online classroom while not getting huge fines and legal action brought against you Adapted from Know Your Copy Rights – Abiding by CC NonCommercial 2.5 Generic –

General Guidelines ©

Is it Copyrighted? Works produced by US government & employees are safe Works produced by US government & employees are safe Stuff that is really, really, old is safe Stuff that is really, really, old is safe –Author’s life +70 years Everything else is NOT safe Everything else is NOT safe Modus Operandi: Assume everything is copyrighted! Modus Operandi: Assume everything is copyrighted!

But I’m Special!

Using Copyrighted Works For instructional purposes For instructional purposes In face to face teaching In face to face teaching In online classrooms In online classrooms For a nonprofit educational institution For a nonprofit educational institution

Fair Use 1. The purpose and character of the use, commercial nature or is for nonprofit educational purpose (News Reporting, Parody, & Critical Comment also OK)(News Reporting, Parody, & Critical Comment also OK) 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The commercial impact of the use upon potential market for or value of the work.

Asking for Permission

If they say no, you can still apply fair use to use their work If they say no, you can still apply fair use to use their work If they don’t respond its not a free pass If they don’t respond its not a free pass Out of print does not equal out of copyright Out of print does not equal out of copyright Orphan works Orphan works

Face to Face Guidelines

Movies Can I show part or all of a copyrighted movie in my classroom? And does it matter if I’m… –using my own copy? –using the library’s copy? –using a copy I rented from a store? –using a copy I taped from TV?

Movies YES – if it is tied to INSTRUCTION YES – if it is tied to INSTRUCTION NO – if it is for ENTERTAINMENT NO – if it is for ENTERTAINMENT Copies Copies –Must have been lawfully made –Fair use copies are lawfully made

Movies I have this thing called a “VHS Tape”. Can I make a digital copy? If content is available on DVD, buy it! If content is available on DVD, buy it! Must be via Fair Use (not the whole thing) Must be via Fair Use (not the whole thing) If not available on DVD, and the VHS is deteriorating, the library can digitize it If not available on DVD, and the VHS is deteriorating, the library can digitize it

Pictures, Charts, etc. From printed works or web From printed works or web –strong fair use argument in favor of this From library databases or journals From library databases or journals –check with librarian for terms of agreement

Music Yes! Yes!

Chapters or Articles According to fair use According to fair use Better to give students a link Better to give students a link Why kill a tree? Why kill a tree?

Online Classrooms

TEACH Act used under your supervision used under your supervision as part of the class session as part of the class session as part of systematic mediated instructional activities as part of systematic mediated instructional activities directly and materially related to the teaching content directly and materially related to the teaching content

TEACH Act not from a commercial online course. not from a commercial online course. Limit access to your students via passwords Limit access to your students via passwords Downstream Control Downstream Control –Prevent students from saving or printing materials include a general copyright warning include a general copyright warning

Links!

Common Questions Can I show part or all of a copyrighted movie? Can I show part or all of a copyrighted movie? Can I digitize a VHS movie? Can I digitize a VHS movie? Can I make a DVD of all the clips I use and distribute it to the class? Can I make a DVD of all the clips I use and distribute it to the class?

Answers Reasonable portions for movies and music (more restrictive than F2F) Reasonable portions for movies and music (more restrictive than F2F) You may digitize portions of non- digital sources if there is no digital version available You may digitize portions of non- digital sources if there is no digital version available You cannot distribute DVDs You cannot distribute DVDs

Chapters or Articles Can’t exceed what you would use in class Can’t exceed what you would use in class Downstream control/paperless process Downstream control/paperless process Always better to link to materials Always better to link to materials

What’s a mediated instructional activity? integral part of the class experience integral part of the class experience under control/supervision of the instructor under control/supervision of the instructor analogous to performances and displays in live classroom settings. analogous to performances and displays in live classroom settings. part of the course rather than ancillary to it. part of the course rather than ancillary to it.

Remix Culture Remixed material should be: Transformative Transformative –Add Value –Repurpose Proportional Proportional Sources Credited Sources Credited

Further Reading

Works Cited "Using Copyrighted Works in Your Teaching—FAQ: Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently," by Peggy Hoon, JD (Washington DC: Association of Research Libraries, 2007) "Using Copyrighted Works in Your Teaching—FAQ: Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently," by Peggy Hoon, JD (Washington DC: Association of Research Libraries, 2007)