Copyright FAQ for Faculty

Web Based Classes

1. Are there special rules for WebCT?
2. May I scan materials into WebCT for my students to use?
3. May I copy chapters of textbooks into WebCT?
4. May I copy articles into WebCT?
5. May I use film or music clips within WebCT?
6. May students use portions of copyrighted materials in their online projects?

On Site Classes

1. May I put articles on reserve in the library for more than one semester?
2. May I copy or scan a chapter of a book or article to distribute to my students?
3. May I show a movie in class?
4. May I incorporate TV, film, and music clips into my own presentation?
5. What is fair use for teaching purposes?
6. May I tape a program at home and show it in class?
7. May students use portions of copyrighted materials in their online projects?
8. How can I feel sure the material I use for my classes falls under fair use or the TEACH Act?

Glossary of Copyright Terms

1. Copyright
2. Fair Use
3. Public Domain
4. TEACH Act
5. Digital Millennium Copyright Act
6. More information

Are there special rules for WebCT?

Yes, there are. Many assume because WebCT is a closed (i.e. password protected) environment that online classes are exempt from concerns about copyright issues. This is not true. The TEACH Act defines how material may be used for distance education, affording the virtual classroom the same privileges under fair use as any traditional classroom. The fair use privilege allows for limited copying of copyrighted material for noncommercial purposes. The "Checklist for Compliance with the TEACH Act" from the University of Indiana may assist you in determining whether your use of materials satisfies TEACH Act requirements.

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May I scan materials into WebCT for my students to use?

Under fair use and the TEACH Act, materials (not created by you) must be supplementary, not a major component of your course. Take note that copies, even if supplemental, can be provided for one semester only without the author's permission.

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May I copy chapters of textbooks into WebCT?

Yes you may, but use caution on following the TEACH Act guidelines. There is no numerical amount that has been deemed acceptable, and no amount that has been deemed too much. It is safe to say that copying an entire work, or copying the heart of the work, likely violates fair use. It is not recommended that more than one or two chapters are scanned and distributed. The Copyright Management Center of Indiana University has a useful checklist to see if you are following the guidelines of the TEACH Act.

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May I copy articles into WebCT?

No. Copying an article into WebCT would constitute a violation of fair use because it would be the entire work However, providing links to articles is acceptable. The library has article databases which have full-text articles you students can access with their library card. In a traditional classroom, under stringent requirements, an entire article can be copied for distribution.

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May I use film or music clips within WebCT?

Yes, since WebCT is password protected. The clip can be up to three minutes or ten percent of the entire work,  whichever is less. If you are using a music video, you may use up to thirty seconds only. You must get permission if you are using it for more than two years. Multimedia use is full of copyright dangers. This website from the University of Texas gives detailed authoritative guidelines @ http://www.utsystem.edu/ogc/IntellectualProperty/multimed.htm.

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May students use portions of copyrighted materials in their online projects?

Students must follow the same rules their instructors use for posting materials in an online classroom. This includes the content of their projects. They must limit their AV clips to three minutes or ten percent of the entire work, whichever is less. They may not distribute entire works or articles. They must properly attribute credit to the copyright holder.

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May I put articles on reserve in the library for more than one semester?

You may put originals on reserve indefinitely. It's copies you can only put on reserve one semester. After that one semester, you must get the author's permission to continue.

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May I copy or scan a chapter of a book or article to distribute to my onsite students?

An instructor may make multiple copies (not to exceed more than one copy per pupil in a course) for classroom use, only if the copying meets the Fair Use Doctrine guidelines' tests of brevity, spontaneity and cumulative effect, and that each copy include a notice of copyright. An example of a notice of copyright is "This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner."  The Association of American Publishers  has an excellent summary of these tests of brevity, spontaneity and cumulative effect.

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May I show a movie in class?

Yes, if the following criteria are met: must be shown in a classroom or library; shown by a non-profit institution; shown by the instructor or student; movie must be relevant to the course and part of a learning activity; must be a legally acquired copy.

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May I incorporate TV, film, and music clips into my own presentation?

Yes, if the movie clips are no more than three minutes or no more than ten percent of the entire work, whichever is less. Music clips must be thirty seconds or fewer.

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What is fair use for teaching purposes?

There is a common misconception that fair use allows unlimited copying for teaching purposes. There are strict prohibitions against copying without permission in the following instances: copying that is used to create, replace, or substitute for anthologies, collective works, etc.; copying that substitutes for purchase of books or periodicals; copying that is repeated by the same teacher from term to term; copying that is directed by a higher authority; copying of consumables such as workbooks, test booklets, answer sheets, etc.

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May I tape a program at home and show it in class?

Yes, as long as these guidelines are followed: videotaped recordings may be kept for no more than 45 calendar days after the recording date at which time the tapes must be erased; videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period; the off-air recordings may not be physically or electronically altered or combined with other to form anthologies, but they need not necessarily be used or shown in their entirety.

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May students use portions of copyrighted materials in their online projects?

Students must follow the same rules their instructors use for posting materials in an online classroom. This includes the content of their projects. Students must limit their AV clips to ten percent or three minutes of the entire work, whichever is less. They may not distribute entire works or articles. They must property attribute credit to the copyright holder.

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How do I know if the material I use for classes falls under fair use or the TEACH Act?

Available online are two handy checklists from the Copyright Management Center, Indiana University. For each of your projects, you can print out the checklist for your files. Fair Use checklist | TEACH Act checklist

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Copyright

Copyright protects original works of authorship. The copyright holder has the exclusive rights to: reproduce or copy; produce derivative works based on the copyrighted work (right to modify); distribute copies of the work; perform the work publicly; display the work publicly.

The copyright holder has additional exclusive rights regarding visual works such as the right to: claim authorship of the work an to prevent the use of his or  her name as the author of a work he or she did not create (attribution); prevent the use of his or her name as the author of a distorted version of the work, and  to prevent destruction of the work (integrity).

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Fair Use

The fair use privilege allows for limited copying of copyrighted material for noncommercial purposes. The amount copied, the effect on the market value, and spontaneity of the instructor are three important factors in determining fair use.

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Public Domain

A work that is not protected by copyright is in the public domain. Examples of works in the public domain:  all art before 1923 as of © 2004; all government works; movies older than 95 years; life of individual author plus 70 years.

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TEACH Act

The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 redefines the terms and conditions on which accredited, nonprofit education institutions throughout the U. S. may use copyright protected materials in distance education - including on websites and by other digital means - without permission from the copyright owner and without payment of royalties. Prior to the TEACH Act, transmission of copyrighted material was prohibited, which put incredible constraints on distance education. Read how the TEACH Act affects online instruction from Florida State University.

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Digital Millennium Copyright Act

The DMCA of 1998 attempts to update the copyright law for the digital environment. Many educators found the act a direct assault on academic freedom (see Chronicle of  Higher Education article). For more information on this act go to the government's http://www.copyright.gov/legislation/dmca.pdf

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More Information

The Association of American Publishers puts out a Questions & Answers on Copyright for the Campus Community. Also, try this Copyright Crash Course from the University of Texas.

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