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Trout Library adheres to the copyright law of the United States (title 17 United States Code) which governs the making of photocopies or other reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.
This guide is for educational purposes and should not be considered legal advice.
You may need to seek permission to use material under copyright.
Follow the steps below. It is advisable to start this process early.
Creative Commons is a public copyright license that allows creators to grant permissions to their work. You may use a work with a Creative Commons license as long as you follow the license conditions. Read more about the types of license and what permissions they grant at Creative Commons About the Licenses. All Creative Commons licenses require you to attribute the original work. For details on how to properly attribute work read Use and Remix at Creative Commons.
Open Access is a publishing practice where research is made available for everyone without paywalls. There are usually no restrictions on use and sharing. The Directory of Open Access Journals, Directory of Open Access Books and Public Library of Science are a few places you can obtain open access articles and books.
Public Domain means the intellectual property rights have expired or been forfeited. There are many regulations covering public domain and it can be challenging to determine if a work is in the public domain. Project Gutenberg, Internet Archive, Google Books and HathiTrust Digital Library have collections of public domain texts.
Generally in the United States, works enter the public domain 70 years after the death of the creator. Additionally, works published before 1925 are in the public domain. Read more details about Copyright Term and the Public Domain in the United States by Cornell University.
Orphan Works are publications where the copyright holder is unknown or impossible to contact. Therefore, it is not possible to seek permission. Use with caution! Be sure to that fair use applies or do not use.
Copyright rules in an online learning environment vary from those in a face-to-face environment. The purpose of this section is to outline the basic rules of copyright in an online learning environment. This guide is based on the best practices outlined by the Copyright Clearance Center document Using Course Management Systems: Guidelines and Best Practices for Copyright Compliance.
The use of Canvas does not mean copyright can be circumvented. It is wise to err on the side of caution. If fair use does not apply, seek permission to use the material. The following are basic best practices.
Permitted
Not Permitted
If in doubt, obtain permission from the copyright holder or find an alternative in public domain or with a Creative Commons license.
Fair Use is covered under section 107 of the Copyright Act. You may still be able to post copyrighted work under fair use but you must remember that fair use is a defense and not a rule. There is a four question assessment you must meet for fair use.
The purpose and character of your use. Be sure that the item you are posting is relevant to the topic you are teaching and you use is in a transformative way.
The nature of the copyrighted work. Be sure to use material that is factual/historical, non-fiction and important to your educational objectives. You may not use highly creative or fictional work under fair use.
The amount and substantiality of the portion taken. Use the least amount possible to make your point. Additionally, the portion you use cannot be the portion that is central to the entire work.
The potential effect on the market value - If you are sharing a work that is intended for the education market it is not likely to be fair use (unless it is an Open Educational Resource). You may need to recommend students purchase the work. You may need to obtain permission from the publisher and pay for a license. Your copy must be lawfully acquired.
When considering fair use, you may wish to use the ALA Fair Use Evaluator Tool. Fill in the form and the tool will help you think through your fair use analysis. Keep a copy of your evaluation should you be asked to defend your use.
Center for Media and Social Impact has a comprehensive list of Codes of Best Practices for fair use for many media types in a variety of industries, including academics.
For information on photocopying for face-to-face instruction, see Reproduction of Copyrighted Works by Educators and Librarians, Circular 21 by U.S. Copyright Office.
While Fair Use can apply to images, it is recommended to use images in the public domain or with Creative Commons license. Always cite an image.
If the film you want to use is not available the public domain you have two options. Contact an organization that distributes licenses for film like Swank or Criterion. There will be a cost to obtain the right to stream or perform the film. Alternatively, use a short clip (10% or 3 minutes whichever is less).