Ask Us!

The library asks instructors to consider the following guidelines when requesting course reserves, for it is the instructor’s responsibility to ensure that their materials comply with copyright law.

Follow the next 5 questions in order to assist in solving a copyright question:

1. Is the work protected by copyright, or is it part of the public domain?

2. Is there an exception within copyright law that covers my use of the material?
   1. Sec. 108: Reproduction by libraries from materials in their own collection
      1. This allows us to make digital scans of library material to upload to your Canvas course pages (excerpts - not the entire text).
   2. Sec 110: TEACH Act
      1. Allows in-person instructors to show any copyrighted works related to the curriculum. The same materials must be pared down in order to share via online education. This allows the Library to upload electronic reserves of audio/visual clips on a password-protected Canvas course page.

3. Is there a license that covers my use?
   1. Creative Commons License: The work you’d like to use may have a CC license attached to it. As there are a variety of CC licenses, verify that your desired use of the copyrighted work complies with the terms of that specific license. 

4. Is my use covered by Sec.107: Fair Use?
   1. The four factors of fair use are:
      1. The purpose and character of the use - commercial or educational reasons. If educational: Does the material help me make my point? Have I used no more than is needed to make my point?
      2. The nature of the copyrighted material.
      3. The amount used in relation to the copyrighted material as a whole (usually we would like to keep this percentage 10% or below).
      4. The effect of the use upon the market value of the material.
   2. Using the same material for a course over multiple semesters is not fair use. Visit the Library’s course reserves page to view other possible options such as placing a personal copy on reserve for students, or suggesting an addition to our textbook collection.
   3. Fair use checklist

5. Do I need permission from the copyright owner?
   1. If all else fails, request written permission from the copyright owner. Remember: this is not always the work’s creator. Use the U.S. Copyright Office’s search engine to locate publishers/owners of said work.
   2. The Copyright Clearance Center offers resources to assist instructors in contacting copyright holders and paying for permissions.
   3. In your request, explain in detail what the work will be used for, for how long, and how it will be shared. For example, permission to scan an excerpt to be uploaded online is a different permission from handing out a physical copy. Refer to this sample letter as an example.
      1. If you receive an answer, ensure it is in writing. Keep in mind: a payment may be needed. All permission grants provide rights to the copyrighted work that are either exclusive to you or non-exclusive.
      2. If you receive no response, following fair use guidelines, the Library may place only a portion of the copyrighted material on reserve for a single semester.

If you have any additional or specific questions, please Ask Us!

The above framework is adapted from the online Coursera course Copyright for Educators and Librarians by Kevin Smith, Lisa Macklin, and Anne Gilliland.