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Copyright: Faculty

Resources about copyright and fair use.

Author and Creator Rights

General Guidelines Online Use of Course Materials

The following is not intended to serve as a complete reference for all aspects of this topic (including TEACH Act), legal advice or as the policy of Illinois State University (ISU) and/or Milner LIbrary.  Further, the sources upon which these general guidelines are based are not to be construed as providing legal advice. 

Questions can be directed to: Copyright Question (Milner Library), Posting a Course Reserve (form) or Office of General Counsel

Guidelines for Online Use of Course Materials                                           August 2012

 

 

 

Instructor-authored Materials

Instructors may post their own authored materials, such as lecture notes, test, exercises, problem sets, and PowerPoint presentations. 

Instructors should bear in mind that if the material they authored has been published (e.g., in a journal), they may have transferred the copyright to the publisher.  In that case, it will be necessary to either:

    1. Obtain permission from the publisher to post the material (contact Milner Library Course Reserves for help obtaining permission or for specific questions: Jeff Ridinger, Interim Head of Access & Delivery Services) or
    2. Follow the Online Guidelines below

 

Materials for Which Illinois State University (ISU) and/or Milner Library Already Hold Permission

 

Materials drawn from Illinois State University-licensed collections may be included in electronic reserves and course web sites without any further permission by linking to a persistent URL.  For more information, contact Milner Course Reserves.

 

 

 

 

 

Material Unprotected by the Copyright Act

 

The following categories of material are not protected by the Copyright Act and may therefore be made available on electronic reserves or on course web site without the permission of the copyright owner:

a.    Material that has entered the public domain because the copyright has expired.

·   The rules for determining whether a work has entered the public domain are complicated.  This Digital Tool is a start.

b.    Works of the United States Government.  By statute, U.S. Government works are not protected by copyright.

c.     Links to web sites.  Anyone may freely reproduce the address of a web site, to which readers may “hyperlink.”  Best practices suggest proper citation and notifying the web page provider.

Material Made Available Under the Online Guidelines

Material that does not fall within any of the categories above may still be used in electronic reserves or course web sites providing the use meets the requirements of:

·         Brevity—see suggestions below

·         Spontaneity—all materials requiring permission to use should seek such permission.  Spontaneity is meant to imply the use only when “the posting is at the instance and inspiration of the individual teacher and the inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission” [Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals]

·         the reasoned, balanced application of the four factors of fair use as set forth in Section 107 of the U.S. Copyright Act

 

For all categories (written, audio, video/DVD):

  • A commercially available copy of the written work is owned or licensed to Illinois State University; OR Illinois State University has ordered a commercially available copy of the written work; OR the written work is owned by the course instructor and Illinois State University has made a good faith effort to purchase a commercially available copy.
  • The materials are required for the course
  • Online access to course materials shall be limited through authentication to class participants and access is terminated as soon as the student has completed the course
  • Course files may be stored for future re-use as long as the conditions in 4.a.1 (above) are met i.e., permission is obtained from the copyright holder to post the material in second or subsequent terms.


 

Written Works

Written works (such as text works and musical scores) may be placed on electronic reserves or on course web sites for use in connection with course instruction:

  • The instructor is placing the work on electronic reserves or on a course web site for the first time.  If this is the second or subsequent term(s) the instructor seeks to place the work online, permission must be secured from the copyright holder.
    1. The work does not exceed quantity limitations

·   One (1) chapter of a book.  That said, “No exact measure of allowable quantity exists in the law.  Quantity is evaluated relative to the length of the entire work (total number of pages) and the amount of work necessary to fulfill the objective/purpose”. [University System of Georgia]

·   One (1) article from a periodical or newspaper

·   One (1) short story, short essay, or short poem (for more specifics about poems, see FAQ page)

·   One (1) chart, graph, diagram, cartoon or picture from a book, periodical, or newspaper.

·   Up to ten (10) % of a musical score

 

Audio Recordings

Audio recordings of musical works may be placed on electronic reserves or on course web sites for use in connection with course instruction (not for entertainment purposes):

  • The number of entire works that may be digitized during an academic term should not exceed the maximum number of works typically required for the course—approximately thirty (30) hours.  Excerpts, not entire copies, should be used when possible.
  • Online access to course materials should be limited through authentication to class participants and access is terminated as soon as the student has completed the course.

·   Audio should be delivered in streaming format.  Contact University Computer Help Desk . 

·   For other questions-downloading, selection etc. contact

Anne Shelley,  Music & Multimedia Services Librarian

 

Video / DVD Recordings

Video / DVD recordings may be placed on electronic reserves or on course web sites for use in connection with course instruction.

PPR or Public Performance Rights are not automatic with each video/DVD.  If you wish to show something for other than face-to-face instruction or password protected online access for instruction, check with the library for help determining if your selection has PPR or help with permission(s).

  • Entire works shall be made available only of works that are being taught in the course and that are assigned to students for a specific class meeting.  The number of entire works that may be digitized during an academic term should not exceed the maximum number of works typically required for the course: approximately ten (10) items or twenty (20) hours.  Excerpts, not entire copies, should be used when possible.
  • Online access to course materials should be limited through authentication to class participants and access is terminated as soon as the student has completed the course (for further guidance, see Electronic/Course Reserve Suggestions below).

·   Video should be delivered in streaming format.  Contact University Computer Help Desk . 

·   For other questions-downloading, selection etc. contact

Anne Shelley,  Music & Multimedia Services Librarian

 

 

Sources:

U.S. Copyright Law, Dartmouth College, University System of Georgia, Reproduction of Copyrighted Works by Educators and Librarians

Subject Guide

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Sarah Dick
Contact:
Hovey Hall, 309A
Graduate School
(309) 438-2860

Disclaimer

None of the material contained within this Guide should be construed as or considered to be legal advice. The information contained herein is for information and instructional purposes only.