"Academic use" and "fair use" do not give educators carte blanche permission to use copyrighted works for their courses. Along with following copyright guidelines, educators must be aware of additional restrictions, such as licensing agreements, Terms of Use, and Digital Rights Management.
Copyright exceptions that apply to academia include:
- Section 107 - Fair Use - Applies to using excerpts for criticism, comment, illustration, etc.; unexpected, spontaneous, or short-term reproduction of classroom materials; creation of parodies
- Section 108 - Reproduction for Libraries & Archives - Applies to archives; replacing lost, damaged or obsolete copies; interlibrary loan
- Section 110 - Use in Education Setting - Applies to certain uses in the classroom and distance education
Below are some guidelines for use in face-to-face and online classrooms.
Articles in the Classroom & Online
|
Use
|
Yes
|
No
|
|
Library articles in MyMethodist
|
Link to articles
|
Do not upload PDFs; this violates Terms of Use
|
|
Non-library articles in MyMethodist*
|
Link to articles (if available)
|
Faculty must obtain permission from copyright holder to upload article to a course
|
|
Book excerpts in MyMethodist
|
Allowable if less than 10% or a single chapter of book’s content. Copy should include copyright statement
|
Multiple book excerpts should not be used as a substitute for a textbook. If using these works replaces a textbook, it is not considered fair use.
|
|
Print articles in the classroom
|
You may distribute print copies of an article to your students (with copyright statement attached)
|
|
|
Articles and book excerpts in course packs
|
Copyright permission MUST be obtained for each item. Licensing fees must be paid to each copyright holder.
|
Copying workbooks and other one-time use items normally purchased by students are not eligible for fair use. Course packs should not replace a textbook. See Factor Four.
|
* Articles obtained through another institution or your personal subscriptions are not eligible for NMC use unless you obtain permission from the copyright holder (usually the publisher) or it is open access. The NMC Library signs licensing agreements with databases and publishers that allow NMC-affiliated users to download and print these articles or include them in courses. If you obtain an article through another institution, you may not be violating fair use, but you are likely violating the Terms of Use and licensing agreements.
Media in the Classroom & Online
|
Use
|
Yes
|
No
|
|
Video or other media (music, podcasts, presentations, etc.)
|
Post links to content in MyMethodist or syllabus (unless stated otherwise by copyright holder)
|
You cannot upload this content to MyMethodist or online storage unless you or NMC are the copyright holder (such as a lecture within the institution)
|
|
Rip/copy DVD or VHS to transfer/copy to a new medium
|
Institutions may create an archive copy that is not available for circulation (or the original copy is destroyed due to format obsolescence and a new format is not available on the market)
|
You cannot copy and transfer content in order to easily distribute to students or colleagues online or in person. Fair use may allow you to post a brief clip of a video for educational use, but this often involves violating DRM and Terms of Use on the content.
|
|
Upload media content to MyMethodist
|
Only if you are the true copyright holder of all the content or have permission to do so from the copyright holder.
|
In general: No. See above.
|
|
Show a film in the classroom, even if licensed for Home Use Only
|
Allowed for classroom use only.
|
For public screenings, such as a student club, campus screening, or other inclusive events, permission must be obtained.
|
|
Images in a PowerPoint presentation or handout
|
Generally, use of images is allowed if it directly relates to teaching goals
|
Do not use images, without permission, outside of the classroom setting, openly on the web, etc. If you are paid for a presentation (such as a conference or seminar), you need to obtain permission.
|
|
Student web site project that includes copyrighted works
|
Students should follow the four factors of fair use and also include attribution, restrict access to only those enrolled in their class, and then remove materials once the semester has ended
|
If website is open to anyone or will be available beyond a semester, best practice is to obtain permission from copyright holders
|