1. Copyrighted Compliance for Online Course Materials Sandra Selick Center for Teaching and Learning with Technology Fairleigh Dickinson University

2. CTLT Fairleigh Dickinson University Teaching and Learning Center Sandra Selick, Director Paul Younghouse, CID Florham campus (Barn) Keith Williams, CID Metro (DH: id studio)

3. CTLT Fairleigh Dickinson University Disclaimer Please be aware that none of today’s presenters are experts in copyright law or interpretation of fair usage guidelines as they apply to the development of a class with online materials. It is the intent of this presentation to… Make you aware of fair use issues that are important to understand when developing online teaching programs. Create a robust discussion on the issues.

4. CTLT Fairleigh Dickinson University 1. Educational uses of printed material are allowed by law, and therefore it is OK to post anything in my Webcampus course shell. 1.True 2. False

5. CTLT Fairleigh Dickinson University 2. Using a “small amount” of material is acceptable. 1.True 2. False

6. CTLT Fairleigh Dickinson University How do we know? Both of these questions are FALSE. There are questions you need to ask yourself before you place material in your Webcampus course. Lawyers don’t always agree on this issue. When in doubt, obtain permission or have your students purchase the material at the bookstore or have it available for reserve at the library. Here are some guidelines that may be helpful…

7. Checkpoint 1 Is this material in the public domain?

8. CTLT Fairleigh Dickinson University 3. If there is no © symbol or copyright mark, the material is in public domain. 1.True 2. False

9. CTLT Fairleigh Dickinson University FALSE All written materials or works of art are copyrighted as soon as they are created, by default. Copyright doesn’t last forever, however.

10. CTLT Fairleigh Dickinson University 4. If a document was published 100 years ago, it is in the public domain. 1.True 2. False

11. CTLT Fairleigh Dickinson University FALSE The Copyright Term Extension Act –  Copyright lasts for the life of the author + 70 years  Corporate ownership, 120 years after creation or 95 years after publication, whichever date comes first. Assume that anything created in the 20 th or 21 st century is not public domain.

12. CTLT Fairleigh Dickinson University 5. I found a picture of the Mona Lisa on the Internet, can I use it in my online course? The Mona Lisa was painted in the 16 th century. 1.True 2. False

13. Checkpoint 2 Has the copyright owner allowed some uses of the material?

14. CTLT Fairleigh Dickinson University 6. It is never OK for me to use material published within the past 10 years. 1.True 2. False

15. CTLT Fairleigh Dickinson University FALSE Some copyright owners may choose to give up some or all their rights and will explicitly tell you how to use the material.  For example: Creative Commons licenses In those cases, you can use the work according to those given guidelines.

16. Checkpoint 3 Is the material already freely available to your students?

17. CTLT Fairleigh Dickinson University 7. It is usually OK for me to link to a web page outside of my course shell, and ask my students to read that page. 1.True 2. False

18. CTLT Fairleigh Dickinson University TRUE If the material is available for free (no login or paid registration required), you can link to it. It is a good idea to have the link open in a new tab or window (doesn’t load inside your Webcampus course). Faculty can always come to TLC for help.

19. CTLT Fairleigh Dickinson University 8. It is OK for me to download a full-text article from our library databases, and place the article into my course shell. 1.True 2. False

20. CTLT Fairleigh Dickinson University FALSE Do not download a full-text copy of the article and then place it in your Webcampus course. Prohibited by our database vendors. If the material is in a library database from another university, you may not download a full-text copy of the article and share it with your students. This violates the terms and conditions of the other university’s contract with the database vendors.

21. CTLT Fairleigh Dickinson University 9. It is OK for me to link to a full-text article from our library databases from within my course shell. 1.True 2. False

22. CTLT Fairleigh Dickinson University TRUE If the material is available in our library databases, you may provide instructions to your students for accessing it, and in some cases provide a direct link.  Some of our library databases provide “dynamic links” which are created at the time you login and are customized to your session only.  Some of our library databases provide “static links” which allow you to link directly to the articles you want.  The best solution is always having your students locate the articles on their own so that they become comfortable with using our library databases. Faculty can always come to TLC for help.

23. Checkpoint 4 Can your use of the material be considered “fair use?”

24. CTLT Fairleigh Dickinson University 10. If my purpose is educational and not- for-profit, I can use any material I like. 1.True 2. False

25. CTLT Fairleigh Dickinson University FALSE Must be evaluated in an overall context in which the “Four Factors of Fair Use” are weighed together. Factor 1: The purpose and character of use. If the use is for non-commercial educational purposes, the use is more likely to be considered fair.

26. CTLT Fairleigh Dickinson University 11. It doesn’t matter if a work is a work of fact or fiction. Fair use applies to both kinds of material equally. 1.True 2. False

27. CTLT Fairleigh Dickinson University FALSE Must be evaluated in an overall context in which the “Four Factors of Fair Use” are weighed together. Factor 2: The nature of the copyrighted work. Use of fact-based works is more likely to be considered fair, whereas use of creative or opinion-based works is less likely to be considered fair.

28. CTLT Fairleigh Dickinson University 12. It’s always OK to use a small bit of copyrighted material. 1.True 2. False

29. CTLT Fairleigh Dickinson University FALSE Must be evaluated in an overall context in which the “Four Factors of Fair Use” are weighted together. Factor 3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole. There are no clear-cut guidelines that you can apply. In some cases, use of a whole chapter would be allowed; in others, even use of a single paragraph may not be permitted depending on how the other factors weigh out.

30. CTLT Fairleigh Dickinson University 13. If a work is out of print, it’s OK for me to use it as nobody is going to lose any money. 1.True 2. False

31. CTLT Fairleigh Dickinson University FALSE Must be evaluated in an overall context in which the “Four Factors of Fair Use” are weighed together. Factor 4: The effect of the use upon the potential market for or value of the copyrighted work. If your use would serve to deprive the copyright owner of income, this weighs against fair use. If your reason for placing the material in Webcampus is to prevent the necessity of your students paying for a book, you may want to consider whether this factor weighs against fair use.

32. CTLT Fairleigh Dickinson University It All Depends… There are no solid guidelines for applying the Four Factors of Fair Use. They are applied on a case-by-case basis, and reasonable people often disagree. Depending on the situation, some factors are weighted more heavily than others.

33. CTLT Fairleigh Dickinson University 14. In academic settings, a “casual” or one-time use of material is more likely to be considered a “fair use” than material that is a fixed part of the curriculum. 1.True 2. False

34. CTLT Fairleigh Dickinson University TRUE If you intend to use this material in more than one semester or include it in your syllabus, you should obtain permission. Many institutions advise faculty members to remove any copyrighted material from the course shell at the end of the semester.

35. Checkpoint 5 Can you obtain permission to use the material from the copyright holder?

36. CTLT Fairleigh Dickinson University 15. It looks as if we can’t use anything in our syllabus other then paid textbooks and free web pages, unless the copyright owner died a long time ago. 1.True 2. False

37. CTLT Fairleigh Dickinson University FALSE If your use cannot be considered a “fair use” or falls into the gray area, you should obtain permission from copyright holder. If the work is published, the copyright holder might be the author. You can try to obtain clearance to use the work by visiting the Copyright Clearance Center (http://www.copyright.com).http://www.copyright.com You usually need to pay a fee to use the material.

38. Checkpoint 6 Make sure that you properly attribute the material that you use.

39. CTLT Fairleigh Dickinson University FINAL STEP Make sure that you properly attribute any material that you use following APA or MLA, or some other standard accepted in your discipline. It also models good practice to our students. If you cannot pay the licensing fee for permission to use material, you can…  Pass the cost on to your students by having the material available for purchase at the bookstore.  Find other copyright free material that will meet your curricular goals.

40. CTLT Fairleigh Dickinson University Take-Home Message Better safe than sorry!