what is copyright compliance for an online college course

Whether your online course is 100% your work or it includes someone else’s already created materials, you need to think about copyright. Copyright protects the exclusive rights one has over their created content, such as: reproducing the work, making derivatives of it, distributing the work to the public, performing or displaying it publicly.

Full Answer

Is it legal to use copyrighted work in the classroom?

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 (and certain limited online learning situations) that would otherwise be considered infringement.

What constitutes copyright infringement?

If you are performing a motion picture or audiovisual work, or even displaying single frames of those works, using an unlawful copy of that work will be considered copyright infringement if you knew or had some reason to believe that the copy was unlawful.

What is an example of a copyright law use?

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.

What are the uses of third-party materials under copyright law?

Aside from certain classroom and educational uses, copyright law also allows uses of third-party materials in other situations as well through 17 U.S.C. § 110, such as a restaurant playing music or the television for its customers, religious uses of literary or musical works, or uses at certain fairs, which we will not discuss here.

Do I need to copyright my online course?

The simple answer is “no”. However, we consider this to be a very worthy topic of discussion. Any online course creator could (and probably has) unwittingly infringed on copyrighted material, simply by using examples, videos, images, and other content lifted from the internet or other paper-based resources.

Can you copyright an online course?

If you have an online course or course curriculum, you can protect this using copyright. Under copyright law, the copyright for a creation belongs to the creator. For entrepreneurs, this is important because copyright law covers any creative work done for your business.

What is copyright compliance?

The copyright law of the United States (Title 17, United States Code) governs the use of copyrighted materials including copying and distribution. Fair use (Section 107) allows for limited use of copyrighted materials without the permission of the copyright owner.

Do you need copyright permission for educational purposes?

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.

Can you copyright a training program?

Copyright versus Trademark may help clarify things for you. For instance, you can't copyright the title of your book. But if you have a training or group program with the same name as your book, you can trademark that program title. You can trademark a logo or a business name, but you can't copyright them.

Can I sell a course based on a book?

Yes, it might take some time away from writing in the short-term, but once the course is set up (providing it is evergreen), it can keep selling while you work on the next book. And yes, you are going to have to market and sell the course — but you need to do that for your books as well.

How can you comply with copyright?

The CLA recommends the following simple steps to ensure copyright compliance in the UK: Acquire absolute permission to copy protected material by purchasing the relevant CLA licence. This would meet the demands of those that need to use copyright material on a daily basis and for copying extracts.

What must you do to comply with the Copyright Act?

How to Ensure Copyright Compliance in 8 StepsCopyright Duration. ... Licenses. ... Intellectual Property (IP) Audit. ... Fair Use Checklist. ... Copyright Compliance Education. ... Trusted Copyright and Licensing Resources. ... Contracts (Licensing) and Copyright. ... Monitoring Unauthorized Uses of Content.

What are the guidelines for copyright?

Copyright Guidelinesreproduce a work;prepare derivative works based on the original;distribute copies to the public;perform the work publicly;display the work publicly.

What are the copyright laws for education?

Section 52 of the Copyright Act, 1957 stipulates permissible uses of the Copyright without specific authorization from the author. Therefore, the said Section allows legitimate use of the copyrighted work for educational, scientific and cultural advancement of the society.

Is education exempt from copyright?

As part of the learning process teachers often use copyright materials to instruct students, and the law provides a number of copyright exceptions for education. This means that in some cases and under certain conditions teachers and students can use protected content without permission of the copyright owner.

Can a curriculum be copyrighted?

Most curriculum leaders aren't familiar with the copyright protections of the materials they compile or the circumstances in which their use is allowed. That can lead to inadvertent violations, which not only jeopardize the curricula built upon them, but in some cases can also have legal ramifications.

What is the copyright law?

The copyright law of the United States (Title 17, United States Code) governs the use of copyrighted materials including copying and distribution. Fair use (Section 107) allows for limited use of copyrighted materials without the permission of the copyright owner. Individuals using copyrighted materials in excess of fair use may be liable for copyright infringement.

Is Cornell University in the public domain?

In general, government publications and older materials are in the public domain. Cornell University has an excellent chart listing copyright terms and when materials pass into the public domain. The library policy on reserve readings is derived from the fair use provisions of the United States Copyright Act of 1976.

Can you use a public domain reading as a course?

If a reading is not licensed or in the public domain and the use is not fair, instructors must get permission from the copyright holder in order to use it as a course reading. The easiest way to do this is to put the reading in a course pack. The cost of copyright royalties is passed on to the students.

What happens if you infringement copyright?

Copyright infringement can result in the removal of access to the University network or other sanctions up to and including loss of student status or other sanctions by the Office of Student Conduct for repeat offenders.

What are the penalties for copyright infringement?

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorney’s fees. For details, see Title 17, United States Code, Sections 504, 505. Willful infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office, especially the FAQ section.

Does the University of Minnesota have copyright violations?

The University takes illegal infringement of copyright seriously. The Acceptable Use of Information Technology policy for the University of Minnesota prohibits illegal copyright infringement and provides for the removal of network access privileges and further disciplinary actions for repeat offenders. In addition to University Sanctions, Civil and Criminal Penalties for Violation of Federal Copyright Laws may also apply.

Who holds copyright to the course material?

The course instructor holds the copyright to the material created specifically for his or her course, including the course videos. See the Policies for the Creation and Use of Online Course Materials for more information intellectual property related to online teaching.

What is a copyright?

“Copyright” is a name for a bundle of rights: the right to make copies, distribute copies, make derivative works (such as a translation or adaptation), and the public performance and/or public display of works.

What is the purpose of the Regis College copyright policy?

The purpose of the Regis College Copyright Compliance Policy: Library and Classroom is to provide a summary of United States Copyright law as it relates to the use of text-based copyright-protected works in the classroom and library at Regis, and to provide guidelines and procedures for obtaining copyright permission to use these works.

What is the first sale of copyright?

Talk to anyone about copyright, and you will hear the phrase “first sale”. Ask them what it means, however, and you will get a variety of responses. Because most copyright intellectual property has a physical manifestation (for example as a book, videotape, or compact disc) common law tradition suggests that the owner of a physical object has particular rights associated with that object. Title 17, Section 109 talks about the limitations on those exclusive rights, usually known as “first sale” rights. Section 109 states that Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. The United States Courts have also interpreted this section to permit the leasing of some works, hence we have Blockbuster and Netflix. This exception is the law that permits libraries in the United States to loan books and other materials to the general public.

What is public domain?

The public domain comprises all works that are either no longer protected by copyright or never were. It should not be confused “with the mere fact that a work is publicly available”. All works first published in the United States before 1923 are considered to be in the public domain. It also extends to works published between 1923 and 1963 on which copyright registrations were not renewed. All materials created since 1989 are presumed protected by copyright. And don’t forget even if copyright does not apply, trademark or patent laws might. Works created by the U.S. federal government are in the public domain and can be used freely.

What is fair use?

Under the fair use provision, a reproduction of someone else’s copyright-protected work is likely to be considered fair if it is used for one of the following purposes: criticism, comment, new reporting, teaching, scholarship and research. If the reproduction is for one of these purposes, a determination as to whether the reproduction is fair use must be made based upon four factors:

Can a library put a copy of a book on reserve?

If Regis library owns a copy of a publication or work, the library may place that copy on reserve without obtaining copyright permission. If the library wishes to reproduce additional copies of a work and place them on reserve for students to review, in either paper or electronic format, the library must obtain copyright permission. This rule also applies to faculty members’ personal copies they wish to place on reserve.

Is copyright policy a substitute for legal advice?

This policy provides practical advice and procedures on copyright-related matters; however, it is not a substitute for legal advice, and proper legal advice should be obtained when necessary. If it is unclear whether legal advice is necessary or not, you should err on the side of caution. Also, this policy is in two parts: The first concerns the basics of copyright law in the United States as of the date this was published. The Appendix applies the copyright law to several specific instances that come up here at Regis.

Can students make photocopies without permission?

Photocopying by students is subject to a fair use analysis. A single photocopy of a portion of a copyright-protected work, such as a copy of an article from a scientific journal made for research, may be made without permission.

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 long does it take to get copyrighted?

If you file your copyright registration within 90 days of your content creation, you can bring a claim to the US Federal Court, and you can also file for statutory damages.

Did someone steal my ecourse?

Yep–someone had stolen his e-course, and was now selling his work at a drastically lowered price. He was shocked, and even angry, which was understandable. After all, it’s awful to find out your hard work has been stolen.

What is a copyright policy?

Developing a Copyright Policy or Guidelines is a hands-on course in which you develop and write a draft copyright compliance policy, guidelines or best practices. You'll be asked to prepare a series of short assignments which will be the basis for your final assignment, a draft copyright policy or guidelines

What to do after developing a copyright policy?

After taking Developing a Copyright Policy or Guidelines you'll be able to: Identify the role of a copyright policy or guidelines in your organization. Understand the components that will make copyright compliance in your organization a reality. Complete a draft copyright policy or guidelines specific to your organization's needs.

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 is a classroom?

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.