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Fair Use

Fair Use is tricky and requires professional judgment. Please take a look at this chart, which can be helpful in your decision making. Fair Use applies to all copyrighted resources, regardless of format. The below chart should applied to all copyrighted works including digital materials, multimedia materials, and print.

[lts_copyright-table]

 

Copyright FAQs

October 31, 2014

This document is designed to address questions regarding the legal use of digital materials in the classroom, and to provide approaches and options for working within the confines of the law. Therefore, the Q & A features a PS section (PS stands for possible solution).

Critical Issue: The licensing agreements for paid databases trump Fair Use specifications. The below applies to all resources accessed via library database pages.

[lts_accordions][lts_accordion title=’Q: Is it okay for a teacher to take materials from library databases to build online course packets?’] A: No. Materials (including all multimedia and text) should not be taken in any amount from a database to build online courses. Students should access materials directly from the database for course use. Teachers should not compile materials in a Learning Management System (LMS) such as Schoology, for student access. PS: You can create and post links to your LMS. Most databases offer the ability to create links for your course directly within the database’s interface. Check with your librarian for help with this.[/lts_accordion] [lts_accordion title=’Q. Is it OK for me to email a full database article to my students?’]A. Yes.[/lts_accordion] [lts_accordion title=’Q: Is it okay for students to save materials, electronically or in paper form, from library databases into personal folders?’]A: Yes. Students can print paper copies for folders, or save electronic materials into personal electronic notebooks (such as Notability, Evernote, etc).[/lts_accordion] [lts_accordion title=’Q: Is it okay for students to create and save portfolios of their work which includes materials taken from library databases?’]A: Yes[/lts_accordion] [/lts_accordions]

 

Identifying Materials In The Public Domain

[lts_accordions][lts_accordion title=’Q: Where can I find material that I can use for my classes that falls within the Fair Use Guidelines? Use this resource page from Columbia University for some ideas, and see specific sites below, taken from Rebecca Butler’s book:’]A: creativecommons.org Creative Commons is a non-profit organization that has developed a number of standardized copyright licenses which ave been written in such a way as to allow the owners of a work to determine how others may use that work. In other words, a Creative Commons license allows public use of any work that has been assigned to it.

A: opensource.org Open-source Software Licenses–Software under this license is free to be used, modified, and shared in any number of ways.

A oercommons.org Open Educational Resources–are freely accessible, openly licensed documents and media that are licensed under Creative Commons.

A. merlot.org Merlot is a free and open peer-reviewed collection of online teaching and learning materials and faculty-developed services contributed and used by an international education community.

A. classiccat.net Classic Cat; pdinfo.com/Public-Domain-Music-List.php PD Info; and musopen.org

Musopen are all examples of public domain music available for download.

If using material from any of these sites, please remember to cite your source.Using Materials Taken from

Websites[/lts_accordion] [/lts_accordions]

 

Using Materials Taken from Websites

Critical Issue: Under copyright law, anything on the Internet, not clearly marked as in the public domain, is assumed to be copyrighted by the author of the material. Often materials in the public domain are registered with creativecommons.org and assigned a Creative Commons symbol. Look for this symbol: creative commons88x31

[lts_accordions][lts_accordion title=’Q. Is the internet in the public domain?’]A. No. If the content of any webpage is in the public domain, it should say so somewhere on the site. If there is not a statement either way, you should assume the webpage is copyrighted.[/lts_accordion] [lts_accordion title=’Q. Can I copy an image from another website into Schoology or my LMS?’]A. If the image has a copyright symbol by it, you must contact the copyright owner for permission. If the image has no copyright symbol, you may not use the image as you cannot assume that the work is in the public domain.[/lts_accordion] [lts_accordion title=’Q. Can I copy a list of links or other material from another website and add it to my own?’]A. Yes, however It is good netiquette to ask for permission.[/lts_accordion] [lts_accordion title=’Q. May I place a chart/graphic from an online periodical on my Schoology page, website, or LMS?’]A. No. Unless the periodical has a statement indicating that this is permissible or in the public domain, you may not attach the chart/graphic to your Schoology page, LMS, or website.
WN. Add a link to the chart/graphic to your Schoology page, LMS, website.[/lts_accordion] [lts_accordion title=’Q. Can I have my students print off the words to popular songs from an internet site?’]A. Yes, but you must not archive them.[/lts_accordion][/lts_accordions]

 

Using Materials taken from textbooks, digital books, print books, etc

 

[lts_accordions][lts_accordion title=’Q. If my educational site is access code-protected, can I put educational materials such as book chapters, lists of links, magazine articles, or scanned books into it? ‘]A. No. Any or all of the material listed above may be copyrighted. It makes no difference if there is a code to access the material or not. Permission must be granted before the items may be used. [/lts_accordion] [lts_accordion title=’Q. Can I make pdfs of parts of a textbook and place it in Schoology or my LMS? ‘]A. Not unless you have permission to reproduce parts of the text. WN. Place the book on reserve in the library. [/lts_accordion] [lts_accordion title=’Q.If I legally obtain p’]A. Digitizing a print article is creating a derivative work. This is not permitted without obtaining permission to do so. [/lts_accordion] [lts_accordion title=’Q. Can I take some ACT questions from old tests and put them n a Schoology or LMS a unit?’]A. No, these questions are all owned by ACT, and they have prohibited such use.[/lts_accordion] [lts_accordion title=’Q. If I buy several copies of a workbook, ACT practice test, or the like, can I share a digital image or photocopy of pages with my students each year? ‘]A. Not unless the workbooks specifically state this use is okay. Most such workbooks are categorized as “consumables” and are sold for a one time use. It doesn’t matter whether or not you originally purchased enough copies to use as a class set. [/lts_accordion][lts_accordion title=’Q. Can I retype single problems from review books and make them available on Schoology?’]A. No. Unless it is clearly stated that such use is allowed, you may not share copyrighted materials in this manner. [/lts_accordion][lts_accordion title=’Q. Can I rework problems or recreate images from my teaching guides and make them available on Schoology? ‘]A. Unless it is clearly stated that such use is allowed, you may not. This is considered creating a derivative work, and is not allowed. [/lts_accordion][/lts_accordions]

 

Copyright Free Resource Guide

 

In addition to the below resource guide, please refer to this excellent resource from Columbia University, which links to several useful public domain sites:
http://copyright.columbia.edu/copyright/copyright-in-general/public-domain-resources/creativecommons.org

Creative Commons is a non-profit organization that has developed a number of standardized copyright licenses which ave been written in such a way as to allow the owners of a work to determine how others may use that work. In other words, a Creative Commons license allows public use of any work that has been assigned to it.

opensource.org

Open-source Software Licenses–Software under this license is free to be used, modified, and shared in any number of ways.

oercommons.org

Open Educational Resources–are freely accessible, openly licensed documents and media that are licensed under Creative Commons.

merlot.org

Merlot is a free and open peer-reviewed collection of online teaching and learning materials and faculty- developed services contributed and used by an international education community.

classiccat.net

Classic Cat; PD Info; and  Musopen are all examples of public domain music available for download.

 

If using material from any of these sites, please remember to cite your source.

Works Cited

Butler, Rebecca P. Copyright for Academic Librarians and Professionals. American Library

Association: Chicago, IL. c2014. Print.

Columbia University Center for Digital Research and Scholarship. Copyright Advisory Office.

N.p., n.d. 25 Sept. 2014. Web.

 

Creative Commons homepage. Creative Commons. 25 Sept. 2014. Web.

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