Copyright Basics: Quick Guide to Copyright

Under certain circumstances, works protected by Copyright law can be used without obtaining permission.  The most common exception to obtaining copyright permission is known as Fair Use. Copyright Act of 1976, Section 107

Fair Use is determined by evaluating four factors:

1. Nature of the use
2. Nature of the work used
3. Extent of the use
4. Economic effect of use

Not all educational uses are Fair Use and Fair Use determinations should be made on a case by case basis.

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• Consult a Librarian for best recommendations

• For more information:
  • Fair Use Checklist (Columbia University's Copyright Advisory Services)
  • Copyright and Fair Use Guidelines for Teachers (Xavier University)
  • Thinking through Fair Use (University of Minnesota)
  • Fair Use FAQ's for Faculty (Association of Research Libraries)

The TEACH Act of 2002 allows accredited, nonprofit, educational institutions, under certain circumstances, to use copyrighted materials for organized instructional activities in distance education setting. Copyright Act, Section 110(2)

TEACH Act & Digital Course Material Requirements:

• Only lawfully acquired copies can be used.
• Use limited to performances and displays and "does not apply to materials that are for students' independent use and retention, such as textbooks or readings." Copyright Services: The TEACH Act, University of Minnesota Libraries licensed under CC-BY-NC
• Only student enrolled in the class should have access to the materials.
• Reasonable efforts must be made to prevent students from distributing the material after viewing it.
• Students must be informed that the materials they access are protected by copyright.
• Materials must be removed from course pages at end of the semester.

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• Consult a Librarian for more information

• For more information:
  • Copyright Services: The TEACH Act (University of Minnesota)
  • New Copyright Legislation: TEACH Act (Cornell University Library)

  • Copyright Guide for Faculty and Students: TEACH Act (Loma Linda University)

Emmanuel College Faculty Handbook - Classroom Use of Copyrighted Materials (pg. 51)

For further information see University of Minnesota's Specific Uses: Teaching

• Share Course Readings (or other materials) With Students
• Use Images in Your Teaching (in class and elsewhere)
• Use Video or Audio in Your Teaching (in class and elsewhere)

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• Consult a Librarian for more information

The following guidelines for copyright and course management systems like ECLearn (Canvas) are based on a Copyright Clearance Center white paper, Using Course Management Systems: Guidelines for Best Practices and Copyright Compliance (February 2011).

• The same copyright laws that apply to print materials also apply to electronic materials placed in ECLearn. 
• Always use permanent links when providing content from the Library's online subscription resources.
• If you cannot provide a permanent link, limit course materials to small excerpts and include copyright notices with complete citations.

Note: Creating a "digital coursepack" of all course readings in ECLearn of unlicensed materials does not fall under fair use. ECLearn copies are not a substitute for purchasing coursepacks or textbooks.

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• Consult a Librarian for more information

The Chafee Amendment (1996) and The Marrakesh Treaty (2013) ensure access to materials for the visually impaired.

• Authorized entities can reproduce or distribute copies of "previously published literary or musical works in accessible formats exclusively for use by print-disabled persons."
• Covers all literary and musical works.

Need Help?

• Consult Emmanuel's Disabilities Support Services Staff for more information

• For more information:
  • The National Library Service for the Blind and Print Disabled

Helpful Links

• U. S. Copyright Office
• Copyright Clearance Center
• Creative Commons

Ask Us About Copyright

As you prepare to publish a book or article, think about copyright from two perspectives:

• What rights will you retain to use your work after it is published?
• Is there an exemption from copyright that applies to these materials, or do you need to seek permission from the rights holder?

Need Help?

• Consult a Librarian
• Scholarly Publishing at Georgetown: Copyright

The Emmanuel College Intellectual Property Rights Policy (2013) states:

• Copyright of "student works" including papers, computer programs, theses, artistic and musical works, and other creative works made by students belongs to the student unless the work falls under established exceptions

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• Contact a librarian