how to use copyrighted material in a college course

Students may incorporate "portions" of copyrighted materials for a project in a specific course. Students may display their own projects, use them in their portfolio, use the project for a job interview or as supporting materials in an application for school.

Full Answer

Does the Copyright Act apply to course materials?

It does not apply to course reserves (which are generally protected by Fair Use). The transmitted materials should be integral to the course taught, and they should be used in the way they would have been displayed or performed in a physical classroom.

Can I use copyright-protected material in the classroom?

There are many situations, particularly in a classroom environment, where you might want to use copyright-protected material but you can’t obtain permission from the copyright holder. A common example would be a teacher who wants to read a poem from a book or show an educational cartoon to her class.

Is it legal to use copyrighted material for distance learning?

The Technology, Education, and Copyright Harmonization Act (TEACH Act) says that teachers and students at accredited educational institutions can use works for distance learning without permission under certain circumstances. are using the material that is directly related to and of material assistance to your teaching content,

Do I need permission to use copyrighted material in my book?

If you are writing a book or article for publication, your publisher may want you to get permission for the use of all copyrighted material, even uses that you may think are fair.

Can I use copyrighted material for educational purposes?

Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.

How can you legally use copyrighted material?

Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. There are four factors to consider when determining whether your use is a fair one.

Can you use copyrighted material if you cite it?

Citation, however, does not cure copyright infringement, which is the unauthorized use of another's work. If you copy an entire journal article by someone else, without permission, into a book you publish, you probably have infringed copyright, even if you add a footnote citing the original author and source.

Can I use copyrighted images for educational purposes?

Fair Use in the Classroom Fair use allows copying of copyrighted material in an educational setting, such as a teacher or a student using images in the classroom. Fair use is flexible concept and can be open to interpretation in certain cases.

How much copyrighted material can be used under fair use?

Fair Use Guidelines for Students You can use up to 10%, but no more than 1000 words, of essays, articles, or stories, of a single copyrighted work. You can use up to 250 words of an entire poem, or a portion of a poem.

Can I use YouTube videos for educational purposes?

Yes, as long as it is for the purposes of educational instruction. Can I upload a YouTube video file to the School intranet or Content Management System? Yes, as long as it is for the purposes of educational instruction. – your use does not unreasonably prejudice the copyright owner.

How do I give credit to a copyright owner?

You must consider what portion of the copyrighted work you are using and make sure you give copyright credit in the proper way.Identify the Copyright Owner. Find the name of the copyright owner; this is the person or entity you should credit. ... Determine Your Usage. ... Get Appropriate Permission. ... Place a Copyright Notice.

How copyrighted materials are Recognised?

to be recognised as the creator of the work when copies are made available to the public. to object to the work being altered in a way that has negative effect on their reputation. to not have someone else's work falsely attributed to them.

What are the 4 fair use exceptions to copyright?

Since copyright law favors encouraging scholarship, research, education, and commentary, a judge is more likely to make a determination of fair use if the defendant's use is noncommercial, educational, scientific, or historical.

How can I legally use copyrighted images?

It's by no means impossible to use an image that is copyright-protected – you just need to get a license or other permission to use it from the creator first. In most cases, using the work either involves licensing an image through a third-party website, or contacting the creator directly.

What Cannot be legally copied for educational purposes?

Instructors may not: copy sheet music or recorded music for the purpose of creating anthologies or compilations used in class. copy from works intended to be “consumable” in the course of study or teaching such as workbooks, exercises, standardized tests and answer sheets, and like material.

Can I use copyrighted images if I give credit?

No, it is not legal – you need permission to use a photograph that is not yours – either explicit permission from the image owner, or if the photo has been licenced using a creative commons (cc) licence (which may have various stipulations to abide by).

What is the impact of the use upon the potential market for or value of the copyrighted work?

the impact of the use upon the potential market for or value of the copyrighted work -- uses which have no or little market impact are more likely to be fair than those that interfere with potential markets”

Do course readers have to check permission?

Companies that produce course readers are supposed to make sure that you have secured permission for articles you include. Whether they actually do this is another matter. But it is your responsibility to check.

Is reproducing a factual work more likely to be fair use than a creative work such as a?

the nature of the copyrighted work -- reproducing a factual work is more likely to be fair use than a creative work such as a musical composition

Does copying exceed the test of brevity?

The copying does not substantially exceed the test of brevity as defined below; and

Shifting to Online Instruction

This page provides tips to keep in mind when thinking about copyright and online instruction.

Fair Use

The Fair Use Doctrine protects the use of copyrighted works for socially beneficial activities such as teaching, learning, and scholarship. Courts consider four factors in deciding whether a use is Fair Use or an infringement:

The TEACH Act

In response to the growing use of materials in digital formats in Distance Education, the 2002 Technology Education and Copyright Harmonization Act (TEACH) exempts educators in accredited non-profit educational institutions from asking permission when displaying copyrighted materials in digital format, subject to a number of conditions some of which are discussed below.

Artistic Appropriation and Reuse

This is the seventh in a series of articles sponsored by the College Art Association Committee on Intellectual Property (CIP).

When do publishers give permission to use their own work?

Publishers are more likely to grant permission when the author is using his or her own work. Therefore, instructors are encouraged, when possible, to use their own work. Publishers are also more likely to grant permission when students are encouraged to buy the work being used.

What happens if you can't use public domain?

If you are unable to use public domain or openly licensed (e.g., Creative Commons) materials AND are unable to make a good fair use argument or use another copyright exception, you may need to get permission to reuse all or part of a work.

Can instructors use public domain content?

Instructors may use content that is in the public domain or licensed for any use, including for-profit purposes, under an appropriate Creative Commons or similar license. In all cases, instructors should make an attribution to the original source in their slides or other class materials.

Do online courses have copyright?

Instructors of online courses do NOT have the same copyright protections as those teaching physical face-to-face courses, so there are extra precautions you must take when creating an online course. Images, videos, audio, and text can all be meaningful additions to your course content.

Is MOOC considered public?

Content developed for an instructor website or a massive open online course (MOOC) are considered visible to the public. Fair use may apply but in a more limited fashion than it does in closed classroom environments, including on campus instruction. Try to create your own content, particularly for images.

How to legally share copyrighted material?

Ask! The #1 way to legally share copyrighted materials is to ask the copyright owner’s permission.

What is copyright in writing?

In plain English, a copyright is a type of intellectual property protection you can get in something original you write or create. Copyright protects things like books, writings, songs, photographs, movies, etc.

What are the factors that determine fair use?

Other factors courts consider when determining whether the fair use exception applies are: 1 Nature of the copyrighted work: using books, movies, songs etc. are less OK than quoting from a news article. 2 Amount used: did you copy and email out a chapter or the entire book? Using less doesn’t make it OK, but it’s a factor that’s considered. 3 Effect on the market: how did your sharing effect the future market of the copyrighted work? Would or could those people have purchased the work if you didn’t share it? (with my clients, the answer is typically yes).

What does it mean when a professor shares something with you?

If you’re a college professor trying to share something with your class, then that’s educational.

Can you get hit with copyright infringement?

You can get hit with all kinds of fun stuff — fines, take down notices, and yes — worst case scenario — a copyright infringement lawsuit.

Is it safe to get the owner's permission?

But getting the owner’s permission is definitely the safest way to avoid any accusation down the line of infringement.

Can you share a work if you don't get permission?

Well I can tell you this: the answer isn’t to go ahead and use it anyway. If you don’t get permission, you’re not able to share the work unless one of the exceptions we’ll talk about below applies.

Getting Permission

Individual users and organizations must get permission to distribute or republish copyrighted works. The Copyright Clearance Center is one organization that faciliates the permissions process. See also, Copyright@CUNY, How to Get Permission.

What is Fair Use?

Fair use allows the use or copying of a limited amount of copyrighted materials as long as the following four conditions are met:

Fair Use & Copyright Compliance at Baruch

CUNY policy regarding intellectual property, a broader concept than copyright. Discusses ownership of copyrightable works.

About this guide

This guide was originally developed by librarian Ellen Kaufman who left Baruch to join the library of a major New York-based law firm. It is updated by Rita Ormsby of the Newman Library.

What is a copyright example?

A common example would be a teacher who wants to read a poem from a book or show an educational cartoon to her class. Thankfully, copyright law addresses these particular types of uses directly, in 17 U.S.C. § 110. Section 110 provides important exemptions for certain performances and displays of copyrighted works in the classroom ...

What does it mean if you use content that meets the copyright exemption?

The most important thing to understand about these exemptions is that if your use of content meets one of these exemptions, your use is unlikely to be infringing. In other words, this means that you would not need permission of the copyright holder, and you would not need to rely on “ fair use ” to be able to use the content.

What is a classroom in school?

The “classroom” means a place used for instructional activities and where the audience is limited to members of the particular class. For example, a performance in the auditorium during a school wide assembly would not be considered exempted because there would presumably be students present from different classes. So, if the first graders are watching the same performance as the fourth graders and the sixth graders, the performance would fall outside the scope of the exemption, and would be probably be considered infringing.

Can you use copyrighted work in the classroom?

This means that a teacher could show pictures, read stories or articles, and show video clips to their students during class to enhance their educational experience. For physical classroom use, it doesn’t matter what kind of work it is (like if it’s dramatic, nondramatic, or musical); any type of work can be used.

Can you use a copy of a motion picture as curriculum material?

The material being used cannot be produced or marketed specifically as part of curriculum material and not unlike the above exemption, if you use a copy of a motion picture, using an unlawful copy of that film will be considered copyright infringement if you knew or had some reason to believe that the copy was unlawful.

Is distance learning the same as classroom use?

This exemption is similar to the classroom use exemption, but specifically covers distance learning, or any classes that are transmitted (digitally or otherwise) outside of a physical classroom. It is intended to be used in situations very analogous to the in-person classroom setting, and is in fact narrower than the in-person exemption discussed above in a number of ways. If you want to use a work in an online class, read this section carefully and make sure you comply with each aspect of the distance learning exemption.

Can you copy a photo in the classroom?

So, if you make a copy of a photo for classroom use, that copy has to be separately allowed either under fair use or even by permission of the copyright holder.

What are the rights of copyright holders?

United States copyright law provides important exceptions to the rights of copyright holders that are specifically aimed at nonprofit educational institutions and libraries. Three provisions of the copyright statute are of particular importance to teachers and researchers: 1 Teachers and students have certain rights to publicly display and perform copyrighted works in the classroom ( Section 110 of U.S. Copyright Law ). 2 Libraries and archives have special exemptions for the reproduction of copyrighted works in some circumstances ( Section 108 of US Copyright Law ). 3 The " fair use " allows limited copying of copyrighted works without the permission of the owner for certain purposes, including teaching and research ( Section 107 of US Copyright Law ).

What are the three provisions of the copyright statute?

Three provisions of the copyright statute are of particular importance to teachers and researchers: Teachers and students have certain rights to publicly display and perform copyrighted works in the classroom ( Section 110 of U.S. Copyright Law ). Libraries and archives have special exemptions for the reproduction of copyrighted works in some ...

What to do if a proposed use is not covered by the guidelines?

If a proposed use is not covered by the guidelines, you should analyze the particular facts of your situation against the four factors of fair use. Multiple copies for classroom use. Multiple print or digital copies of articles, book chapters, or other works may be made for classroom use or discussion provided that: ...

What is access to works distributed online?

The access to works distributed online is provided only for the duration of the course for which they are provided, and limited to students enrolled in a course and other appropriate individuals (e.g. teaching assistants for the course)

Can you copy a book for teaching?

A single copy generally may be made of any of the following for teaching purposes: Other considerations: You should not copy works intended to be "consumable" in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets, and answer sheets.

Is there a connection between the work being copied and the instructor’s pedagogical purpose?

There is a clear connection between the work being copied and the instructor’s pedagogical purpose

What Is A Copyright?

Is This Copyrightable?

Permission to Use Copyright Work

Derivative Works Count.

Fair-Use Exception

Steps to Take