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:
Not all educational uses are Fair Use and Fair Use determinations should be made on a case by case basis.
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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:
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Emmanuel College Faculty Handbook - Classroom Use of Copyrighted Materials (pg. 51)
For further information see University of Minnesota's Specific Uses: Teaching
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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).
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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The Chafee Amendment (1996) and The Marrakesh Treaty (2013) ensure access to materials for the visually impaired.
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Faculty Quick Tips for Copyright
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As you prepare to publish a book or article, think about copyright from two perspectives:
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The Emmanuel College Intellectual Property Rights Policy (2013) states:
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These are basic guidelines and do not represent legal advise. Please seek legal counsel for questions related to copyright and fair use.