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Copyright: Best Practices for Academic Libraries by Donna L. Ferullo; Dwayne K. Buttler
Call Number: Read Online
ISBN: 9781538168219
Publication Date: 2023-09-05
Copyright Clarity by Renee Hobbs
ISBN: 9781412981590
Publication Date: 2010-04-07
Copyright Law for Librarians and Educators by Kenneth D. Crews
Call Number: 346.7304 C
ISBN: 9780838910924
Publication Date: 2011-01-01

Copyright & Fair Use (Stanford University Libraries)
An extensive collection of copyright resources, tools, commentary and primary materials.
Copyright.gov
The U.S. Copyright Office aims to "promote creativity by administering and sustaining an effective national copyright system."
Copyright Advisory Service (Columbia University)
A comprehensive copyright resource from Columbia's Copyright Advisory Office.

Copying...

Copying of copyrighted materials for student learning and research use without written permission may occur in the following instances:

Single copying for teachers

Single copies may be made of any of the following by or for teachers at their individual request for scholarly research or use in teaching or preparation to teach a class:

One chapter from a book;
An article from a periodical, journal, or newspaper;
A short story, short essay, or short poem, whether or not from a collective work;
A chart, graph, diagram, drawing, cartoon, or picture from a book,periodical, or newspaper.

Multiple copies for student learning use

Multiple copies (not to exceed more than one copy per student in a course) may be made by or for the teacher giving the course for student learning use or discussion; provided that the following three criteria are met:

The copying meets the tests of brevity and spontaneity (as defined below).
The copying meets the cumulative effect test (as defined below).
Each copy includes a notice of copyright. An example is "this material may be protected by Copyright law (title 17, US Code)."

Definitions:

Brevity: Either a complete article, story or essay of less than 2,500 words, (usually varies 3-8 pages depending on size of page and type) or an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is greater.

Spontaneity: The copying is at the instance and inspiration of the individual teacher, and the inspiration and decision to use the work.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.

Cumulative effect: Copying of the material is for only one course in the school in which the copies are made.

Posting in Canvas

For a brief overview of what can ethically be posted into our learning management system, see Table 6.1 (Ferullo & Buttler, 2023) below.

Please keep in mind that any reproductions of materials (such as scanned chapters) must include a statement of copyright. This can be printed on the material if it is accessed from a digital source, or it can be handwritten. The purpose of this is to ensure that the copyright of the material remains clear and is understood by all parties.

A page from an ebook accessed via a database with the copyright statement highlighted in yellow

Example:

The image to the right (Ferullo & Buttler, 2023) shows a page from an e-book accessed via a database with the copyright statement highlighted in yellow. That copyright statement reads:

Copyright 2023. Rowman & Littlefield Publishers.
All rights reserved. May not be reproduced in any form without permission from the publisher, except fair uses permitted under U.S. or applicable copyright law.

Table 6.1. Guide for Posting Materials via Course Management System Platforms
Content Type and Format	Fair Use Considerations in a Password-Protected Course Management System
Book Chapter (Print)	Digitized chapter from a legally acquired copy of a print book may be considered a fair use.
E-Book	Provide students a link to e-book titles from the library’s subscription database. Consult library regarding access, number of allowed users, and web proxy information.
E-Book Chapter	Provide a link to e-book chapters from the library’s subscription database. Consult library regarding access, number of allowed users, and web proxy information. Students should download and access their own copies. Do not download PDF e-chapters and post them in the course management system.
Article (Print)	Digitized article from a legally acquired print journal issue may be considered a fair use.
Article (Library Database)	Provide a link to electronic journal articles from the library’s subscription database. Consult library regarding access, number of allowed users, and web proxy information. Students must download and access their own copies. Do not download PDF articles and post them in the course management system.
Audio Recordings (Digital Conversion)	Some recorded lectures and podcasts may be accessible through open access sources more than music files. Music files must be used to achieve a specific educational objective, for example, background music for slides is not an appropriate use. Use digital rights management software to prevent all audio files from being downloaded. Limit content access to a window of time when it is necessary for instruction.
DVD (Digital Conversion)	DVDs that have been digitized must be housed in a system with appropriate access controls, that is, digital rights management software that prevents the content from being downloaded. Limit content access to a window of time when it is necessary for instruction.
DVD Excerpts (Digital Conversion)	DVD excerpts that have been digitized must be housed in a system with appropriate access controls, that is, digital rights management software that prevents the content from being downloaded. Limit content access to a window of time when it is necessary for instruction.

References

Ferullo, D. L., & Buttler, D. K. (2023). Copyright: Best practices for academic libraries. Rowman & Littlefield.

Computer Software

Computer software is tangible material and can be copyrighted. The Doctrine of Fair Use applies to computer software.

Permissible uses of copyrighted software owned by or licensed to the institution or its faculty:

Copying it by using it in a computer's memory.
Making one backup or archival copy.
Making adaptations in order to use a particular machine.
Lending it.
Selling it, in which case the backup or archival copy must be destroyed.

Prohibited uses of copyrighted software:

Making copies for gift or sale.
Copying a computer program purchased for use at the institution in order to use it at home.
Copying a computer program purchased for use in one department or school for use in another department or school. A site license should be negotiated to allow multiple uses on campus.

Permission

Permission from copyright holders is often needed when creating course materials, research papers, and websites. You need to obtain permission when you use a work in a way that infringes on the exclusive rights granted to a copyright holder (i.e. outside the boundaries of fair use).

Steps that need to be followed to obtain permission to use copyrighted material:

Determine if permission is needed for the work you want to use.
Identify the copyright holder or agent.
Send written request for permission to use. Remember to give yourself ample lead time, as the process for obtaining permissions can take months. Decide if you are willing to pay a licensing fee/royalty.
If the copyright holder can't be located or is unresponsive (or if you are unwilling to pay a license fee), be prepared to use a limited amount that qualifies for fair use, or use alternative material.