1. Using Copyrighted Materials in Teaching
March 2011

2. Presenters Renee Drabier, MBA, PhD
Associate Provost for Academic Affairs and Development and Chief Information Officer
Daniel Burgard, MSLIS
Director, Gibson D. Lewis Health
Science Library

3. Introduction
- Today’s presentation - Copyright Myths - Fair Use and the Four Decision Criteria - Licensed Use of copyrighted material - Questions & Answers

4. Copyright Myths
"If it doesn't have a copyright notice, it's not copyrighted." This was true in the past, but today in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.
"If I don't charge for it, it's not a violation." False. Whether you charge can affect the damages awarded in court, but that's the main difference under the law.
From “10 Big Myths about copyright explained” by Brad Templeton

5. Copyright Myths
"If it's posted on the WWW it's in the public domain." False. Nothing modern and creative is in the public domain unless the owner explicitly puts it in the public domain. Explicitly, means the author/owner writes, "I grant this to the public domain." Those exact words or words very much like them.
From “10 Big Myths about copyright explained” by Brad Templeton

6. Copyright Myths
"I work in at an educational institution so I can do whatever I want and won’t get in trouble." False. Four employees at Georgia State University were sued in 2008 for copyright and license violations related to use of purchased material that was digitized for use in a course reserve system.

7. United States Copyright Law
US Constitution, Article 1, Section 8
“To promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Balance between producers and users
Current US copyright law was passed in 1976.
Much of the law involves guidelines and comfort levels – concept of Fair Use

8. Fair Use - Overview
Section 107 of copyright law describes fair use of copyrighted material
Fair use = limited use of copyrighted material without acquiring permission from the rights holders
This section will help you evaluate whether the work you want to include in a presentation or class is covered by “Fair Use” and needs no further permission.

9. How to determine Fair Use
The four fair use factors:
What is the purpose of the use?
What is the nature of the work to be used?
How much of the work will you use?
What effect would this use have on the market for the original or for permissions if the use were widespread?

10. Purpose of Use Favoring Fair Use Teaching Research Scholarship
Nonprofit Educational Institution
News reporting
Transformative or Productive Use
Restricted Access
Opposing Fair Use
Commercial
Profiting from use
Entertainment
Bad-faith behavior
No credit to author

11. Nature of Use Favoring Fair Use Published work
Factual or nonfiction based
Important to favored educational objectives
Opposing Fair Use
Unpublished work
Highly creative work
Fiction

12. Amount of Use Favoring Fair Use Small quantity
Portion used is not central or significant to entire work
Amount is appropriate for favored educational purpose
Opposing Fair Use
Large portion or whole work used
Portion used is central to work or “heart of the work”

13. Effect on Market Favoring Fair Use
User owns lawfully acquired or purchased copy of original work
One or few copies made
No significant effect on market
No similar product marketed owner
Lack of licensing mechanism
Opposing Fair Use
Could replace sale of copyrighted work
Significantly impairs market
Reasonably available licensing mechanism
Affordable permission available
Numerous copies made
You made it accessible on Web or in other public forum
Repeated or long term use

14. Who decides?
You do!
If you make an honest informed decision that “fair use” applies, then it does.

15. Fair Use Guidelines Allow
Making a single copy for educational use for scholarly research, teaching or preparation for teaching
An article from a journal
A chapter from a book
A chart, diagram or drawing from a book or journal

16. Fair Use Guidelines
Making multiple copies for classroom use or discussion if it meets the tests of:
Brevity—an article,essay of less than 2500 words, one chart, less than 10% of a book
Spontaneity—too close to time of use to get permission
Cumulative effect—copies for one course, no more than 3 per journal volume per term
Each copy has a notice of copyright

17. Fair Use Guidelines Prohibit
Using copies as a substitute for purchase
Copying of consumables (workbooks, test booklets)
Copying the same item by the same teacher term after term
Charging the student beyond the actual cost of photocopying

18. Library Licensing
The Library licenses materials to allow educational use without further permission.
License agreements trump copyright
Usually a good thing

19. Library Licensed Resources
Definition: The license is a legal term for permission to use or access copyright-protected material.
Definition: The license agreement is a written document which describes the terms and conditions under which a library/institution may use digital content owned by someone else.
Who is authorized to use resource
How they can use it – next slide
Where they can use it from
Penalties for misuse

20. Library Licensed Resources
Educational uses negotiated for in license agreements with publishers.
Display rights
Electronic course packs
Electronic course reserves
Linking rights
Scholarly sharing rights
Remote access
Archival rights
Perpetual use rights after subscription cancellation

21. Usage Examples
MDConsult images may be freely used in classroom presentations, but must ask permission for use of images in posters or publications.
Wiley-Blackwell allows us to use their content in course packs but Wolters Kluwer (Ovid) does not. 
Elsevier (Science Direct) allows us to put their content in our e-reserve system but Access Medicine does not.
Oxford University Press allows authorized users to perform “scholarly sharing” (send single copies of articles to other researchers who are not on our network) but University of Chicago Press does not.
The New England Journal of Medicine allows us to fulfill ILL requests via but Cambridge University Press stipulates that we print and scan (in order to produce a degraded copy of the document) before sending through .

22. Wrap-Up Questions Am I allowed to use this work in my class?
Who owns this work I want to use?
Do I need to request permission to use this work?
Has the library already licensed this work for classroom use?
How do I appropriately label cited works?

23. Your Questions?