Background

What is protected by copyright?

• Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.  Copyright, a form of intellectual property law, protects the essence of original works of authorship (and the essence of the original work) including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

What is not protected by copyright?

• Copyright does not protect ideas, facts, methods of operation, systems or concepts. Only a specific expression of an idea or concept can be protected. For example, the author of a book on the history of St. Edward’s would have copyright in that specific book, but could not prevent publication of another book on the same topic. The copyright only prevents copying of the way in which the first book expresses the topic.

How is a copyright different from a patent or a trademark?

• Copyright protects original works of authorship, the expression of an idea, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

Are ideas, methods or concepts protected by copyright?

• No.  Copyright protection extends only to expressions and not to ideas, procedures, and methods of operation or mathematical concepts as such.  This principle has been confirmed by the Agreement on Trade-Related Aspects of Intellectual Property Rights

Is content found on the Internet considered to be in the public domain and therefore not copyright-protected?

• No. The legal concept of the public domain as it applies to copyright law should not be confused with the fact that a work may be publicly available, such as information found in books or periodicals, or on the Internet. The public domain comprises all those works that are either no longer protected by copyright or never were.

What is “fair use”?

• Fair use is primarily intended to allow the use of copyright-protected works for commentary, parody, news reporting, research and education. However, fair use is not an exception to copyright compliance so much as it is a “legal defense.” That is, if you use a copyright-protected work and the copyright owner claims copyright infringement, you may be able to assert a defense of fair use, which you would then have to prove.

How will the “TEACH Act” affect me?

• This 2002 Act governs the conditions under which accredited nonprofit educational institutions may use copyrighted material with permission or payment of royalties and came about largely as a result of distant learning programs.  The act allows faculty to display or perform material which is directly related to the class content in a way which only the students enrolled in the class has access and that the faculty take reasonable precaution in order to prevent the retention of the work by students.

What are some of the exceptions to copyright for educational purposes?

• All works are subject to copyright restrictions, except for works in the public domain

What are standards of good practice?

• Borrowed material should be attributed to the copyright holder.

Should materials obtained from public domain sources be referenced?

• It is always a good practice to attribute source materials, even if public domain

Distribution of copyrighted works

How much of a copyrighted work can you show and how often can you show it in a face to face class setting?

• In general, Fair Use allows “display and performance” of a legally acquired work
• For specific examples and use cases, please refer to:
  1. Use Case 2: Traditional Classroom use of Text
  2. Use Case 4: Traditional Classroom use of Images and Graphics
  3. Use Case 6: Traditional Classroom use of Audio and Video
• See this section 110 of the law for details, exceptions, & specific requirements: http://straylight.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000110----000-.htm

Is it better to stream music or videos or place a copy of the CD in the library?

• Streaming audio and video is more analogous to display and presentation than downloading, therefore the Teach Act guidelines would apply.  See Section VI, Use Case #5. 
• See Library Reserve guidelines for checkout of CD or DVD materials

If a work is copyrighted, can I still stream it to my class?

• Yes, either under Fair Use or Teach Act Guidelines

I show a video in my class that I get from the library.  How can I make it available to students in online class?

• See Teach Act Toolkit, Question #6 – Faculty Content, and see answer #1 for guidelines
• If: No digital version is available, or the digital version is technologically protected
  1. Then: Call IT or the FRC.  If it is in DVD format have IT place it on the streaming server, limit access through Blackboard to a set period of time. 
  2. Then: If it is in VHS format, have IT digitize it into segments.

I have a VHS tape that I use, but it is now out on DVD.  Can I have IT convert my VHS to digital files, so that I can use the streaming server?

• No, you must purchase a digitized copy, if available.

If I place copyrighted materials into resources that students can only access via BlackBoard (with password protection), can I make them freely accessible to my students?

• Must comply with Fair Use, Teach Act & other appropriate Copyright Act Legislation

Can I place links to copyrighted materials on my web pages without permission?

• Best to attribute the source
• Web sites are prone to change.  Check links regularly.

Some books I use come with PowerPoint slides.  Can I distribute them to students?

• Depends on publisher’s license agreement – but will likely need permission
• Show, not distribution
• Student’s can’t download

Some books I’ve used in the past that are now out of print included resources such as PowerPoint slides and postscript files with chapter figures.  Can I use these resources in class and distribute them to my students?

• Publishers may want to retain copyright for publication of anthologies, etc., therefore, see license agreement and/or contact the publisher

When to request permission

Do academic coursepacks require copyright permission?

• Yes, subject to Fair Use guidelines

Do academic electronic coursepacks require copyright permission?

• Yes, subject to Fair Use guidelines (and not covered by TEACH)

Do academic e-reserves require copyright permission?

• Yes, subject to library reserve guidelines

What kind of copyright notice should I put in my syllabus?

• Will need to define a “template” that cites USC 17 Copyright restrictions

What kind of copyright notice should I put on Blackboard for electronic files or streaming video?

• Will need to define a “template” that cites USC 17 Copyright legislation

Where, when, and how do I obtain permission to use a video?

• See Distribution of copyrighted works, answer #1
• Contact copyright holder, typically publisher

Where, when, and how do I obtain permission to copy a file?

• See Distribution of copyrighted works, answer #1
• Contact copyright holder, typically publisher
• If work is text, contact the Copyright Clearinghouse Center (www.copyright.com)

If a video is in the library, may I show it in class?

• This use likely constitutes “display/performance of a work” and therefore fall under Fair use guidelines

If I use materials from public domain web sites (images, video clips, applets) on my web pages and PowerPoint slides, can I make these resources available to others, or must they go to the source to get them?

• Material in the public domain can be directly incorporated as teaching resources
• What is public domain?
  1. Unpublished works : life of author + 70 years
  2. Any government publication
  3. Any work published prior to 1923
  4. Public domain “definition” is complex.  See http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm for a complete guide

Process at SEU

If I am unsure about fair use and copyright, who should I contact?

• Contact the copyright holder or due course:  Library, Copy Center, or Bookstore, depending on your use

Is some office assigned the task of obtaining copyright permissions? 

• No.  This process is distributed among university areas.

If I have permission to use copyrighted materials, where should such permissions should be filed?

• The individual is responsible for keeping permissions obtained.  However, copies of permissions, depending on their use, are required by the Library, Copy Center, or Bookstore.

Other

If I create my own web site and materials for my class, does SEU own the content?

• See the SEU Intellectual Property policy