Copyright
Copyright has always been a complicated issue in education and it is becoming more so with the increased use of online courses. There are very few clear-cut answers, just some general guidelines. This primer is by no means a complete explanation of education-related copyright issues, but is rather intended as an introduction to concepts.

Copyright
Provided for in the constitution
Encourages creativity by granting exclusive rights to authors or creators of works
Cannot be applied to facts or ideas
Can be applied to the expression of ideas

Copyrighted Materials
Text (books, articles, plays, emails, letters)
Graphics (photographs, drawings)
Video
Musical Compositions
Computer Code
Performances

Public Domain
Non-copyrighted works - free for anyone to use without needing permission
Facts, Ideas, Titles, Names
Works for which the copyright is lost or expired
Works placed in the public domain by the author ("I grant this work to the public domain.")
Government Documents

Copyright Loss
Works published before 1978 that did not include a proper copyright notice
Works published between 1978 and March 1, 1989 that did not include a proper copyright notice and did not correct the problem within 5 years
Works published before 1964 for which the author did not renew the copyright

Fair Use
Provides for constitutionally protected uses of copyrighted materials
Includes criticism, commentary, teaching, research, parody
Evaluated with 4 factors on a case-by-case basis

The Four Factors
Purpose of the use (commercial, non-profit, educational)
Nature of the work (creative, compilation, derivative)
Amount used (in relation to the whole)
The effect of the use (on the market or potential market)

Fair Use Examples
Quotes from other authors in works of scholarship
Copies of journal articles for personal reference
Class distribution of copies (made by the instructor) of one article in a journal
By extension, online distribution of copies of one article in a journal through a password protected webpage
Showing a copyrighted video to your class
A student or teacher presentation including copyrighted photographs or music

Home | Orientation | Getting Started | Tech Support | F.A.Q. | Student Resources | Faculty Resources