The Oxford English Dictionary defines copyright as "The exclusive right given by law for a certain term of years to an author, composer, designer, etc. (or his [or her] assignee), to print, publish, and sell copies of his [or her] original work." When used as an adjective, copyright essentially means "not allowed by law to be printed or copied except by permission of the author, designer, etc."
Copyright infringement can occur when you:
Make a copy of a work (upload and post; photocopy)
Distribute a digital or print copy of a work to others
Perform a work
Some things you can do to minimize copyright infringement:
Use Shafer Library's licensed content and provide a link to the journal article or e-book
Use openly licensed works
Use works in the public domain
Obtain a print copy of a book or DVD from a library
Information on Copyright & Fair Use:
Disclaimer: This information does not constitute legal advice. If you have any questions about copyright and fair use, we will direct you to resources to help you better understand this legal landscape.
Fair Use
The Fair Use Doctrine provides for limited use of copyrighted materials for educational and research purposes without permission from the owners. It is not a blanket exemption. Instead, each proposed use must be analyzed under a four-part test.
"Limitations on exclusive rights: Fair use" (Section 107) offers a set of factors to consider when using copyrighted work for teaching or research. Specifically, the factors include:
Click here for some myths about Fair Use in the classroom and other resources
The U.S. Copyright Fair Use Index
The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, internet/digitization, parody).
The public domain is not a place, but rather a repository for creative works not under copyright protection. You may use public domain works freely; no need to gain permission from the original author.
Public Performance Rights (PPR) are the legal rights to publicly show a film or video (media). Normally the media producer or distributor manages these rights. The rights-holder (or their designate) can assign PPR to others through a Public Performance License. It is YOUR responsibility to determine if a film requires the purchase of PPR and to obtain them when needed. It is not Shafer Library's responsibility.
Do I need to Purchase PPR?
| Yes | No |
|---|---|
|
If the screening is open to the public, outside of regular class time and in a public space |
Privately viewing the film with friends or to a class with officially registered students and the film relates directly to the course |
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If the screening is in a public space where access isn't restricted, such as in The Cave instead of a classroom |
If the item is part of a licensed streaming service provided by Shafer Library |
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If the screening will have attendees outside of the normal group, such as students not officially registered with the class |
Other guides on copyright rules for showing media:
The Digital Millennium Copyright Act of 1998 (DMCA) had an impact on education in that it revised the terms on which faculty, librarians, students, and staff may use email, websites, and other technology at the university. It updated U.S.copyright law as a response to issues of the digital age, such as technical issues and encryption. The DMCA mentioned that the fair use doctrine still remains a viable defense in copyright infringement matters but does not go into extensive detail. In section 403 of the DMCA, distance education is mentioned, and there was a directive to the Copyright Office to consult with affected groups and make timely recommendations to Congress of how to promote distance education through digital technologies; that process eventually helped lead to the creation of the TEACH Act of 2002.
The Technology, Education, and Copyright Harmonization Act (TEACH Act) was enacted in 2002. It was essentially an amendment to Title 17, Chapter 1, Section 110(2), "Limitations on Exclusive rights: Exemption of Certain Performances and Displays" of copyright law. Section 110 allows instructors to show videos to groups of students as long as that viewing takes place "face-to-face" in a classroom, but the TEACH Act expanded that to include certain situations in online distance education as well, as long as some conditions are met.
For more information about copyright law in general, recent legislation, and revisions, visit the U.S Copyright Office "Law and Policy" web page.
The Code of Best Practices in Fair Use for Academic and Research Libraries is a clear and easy-to-use statement of fair and reasonable approaches to fair use developed by and for librarians who support academic inquiry and higher education. The Code was developed in partnership with the Center for Social Media and the Washington College of Law at American University.
This document produced by the U.S. Copyright Office contains helpful information about and guidelines for copyright for educators and librarians.
The Center for Internet and Society (CIS) is a public interest technology law and policy program at Stanford Law School and a part of Law, Science and Technology Program at Stanford Law School. CIS brings together scholars, academics, legislators, and more to study the interaction of new technologies and the law. Its Fair Use Project supports endeavors related to the clarification and extension of Fair Use.
Information about the TEACH Act for online educators, from University of North Carolina at Charlotte.
This tool created by the ALA Office for Information Technology can help you determine if Section110 or the TEACH Act applies to your situation.
It guides users step by step through the educational exceptions in U.S. copyright law to help explain and clarify rights and responsibilities for the "performance and display" of copyrighted content in traditional, distance and blended educational settings. You can use this tool to produce a PDF document for your records
A link to KCTCS Administrative Policies:related to Intellectual Property and Copyright