... for Web Enhanced Instructional Materials at Otis


Otis' Copyright Policy


I'm planning to scan and put up all my course readings in O-Space. Is this OK?

Course Readers may be made for all required readings. You may scan readings that fall within Fair Use Guidelines, but no more than 20% of required copyrighted course content should be made available through O-Space.

The copyright law does not distinguish whether one scans a document and then prints it for distribution or distributes it electronically.


Doesn't "Fair Use" mean that I may copy anything if I only use it in my classroom?

To determine Fair Use, all four criteria must be considered:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, and

2. The nature of the copyrighted work, and

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for or value of the copyrighted work.

No one of the four factors is determinative of a person's right to reproduce a copyrighted work without permission.

Fair Use generally means one-time use.

Here's a good Checklist.


How do I tell if something is copyrighted?

The Copyright Act provides that protection begins at the moment "original works of authorship" are "fixed in a tangible medium of expression."

Registration is not required to be copyright protected. Look for "Copyright © 2003 by (name of author)."

Protected formats: Visual (printed, written, photograph, DVD, video, graphic, sculpture, etc.); Auditory (CD, tape, etc.); and Electronic (internet, world wide web, computerized file, etc.)

Not protected by copyright law: facts, ideas, procedures, processes, systems, concepts or discoveries.


May I do any of the following without getting permission from the holder of the copyright?

What is the TEACH Act and what does it mean to me?

The Technology, Education, and Copyright Harmonization Act of 2002 (TEACH Act) amends the Copyright Act. More here.

a . The TEACH Act recognizes that the physical classroom may also include the electronic classroom and would permit students to access digital materials in a course.

b. Storage of copyrighted materials on a server is permitted by the TEACH Act provided that it is asynchronous use of copyright performances and displays.

c. Digitized versions of works can be made provided they are not available in a digital format. If they are available in digital format, the TEACH Act does not apply and you will need permission of the author or it must meet Fair Use.

d. The TEACH Act allows the display of any work in "an amount comparable to that typically displayed in the course of a live classroom setting."

The TEACH Act only covers in class performances and displays, not, for example, digital delivery of supplemental reading materials.

The TEACH Act requires that the performance or display must be technologically limited to only enrolled students in the class.

The TEACH Act permits the transmission of an entire NON-dramatic literary or musical work.


May I save and import images from the Web to my web page or PowerPoint presentation?

Yes, provided that you have permission of the author or it meets the Fair Use test or the TEACH Act.

Caution: It is easy to import an entire work of the author. The Fair Use test permits only a portion of the work.


May I digitize videos and put them on O-Space?

Under the TEACH Act, versions of works that are not available in a digital format can be recreated in a digital format.

Use of the digitized video could still be subject to obtaining permission of the author or the Fair Use test if it will be made available in subsequent semesters.


May I use images or pages from our class textbook and put them on O-Space?

Under the TEACH Act, digitized versions of works that are not available in a digital format can be recreated in a digital format.

Use of the digitized images could still be subject to obtaining permission of the author or the Fair Use test if it will be made available in subsequent semesters.


May I, or one of my students, upload a sound file to O-Space?

Under the TEACH Act, a faculty member may upload a dramatic sound file to O-Space if they have permission of the author or it is Fair Use or it is a NON-dramatic musical work.

If a faculty member is using copyrighted works because they have permission from the author or it is Fair Use or they are transmitting it to another site in a distance education setting.

Under the TEACH Act, a student may upload copyrighted works under the same conditions as a faculty member provided that it "is made by, at the direction of, or under the actual supervision of an instructor."

Caution: Once a semester has concluded, students may no longer access copyrighted works that have been uploaded to O-Space according to the TEACH Act.


May I make copyrighted works, in electronic form, available to persons other than those enrolled in my class?

The TEACH Act provides coverage only for use in a classroom setting for that semester and only to enrolled students. The TEACH Act provides expansion of the Copyright Act only in the instructional setting at an educational institution. It is less likely that the Fair Use test can be met in terms of copyrighted works when it is made available beyond the classroom.


Do I need any kind of copyright notice in my syllabus or published in O-Space?

Yes, you should use the following notice in both:

Copyright Notice
Copying, displaying and distributing copyrighted works, may infringe the owner's copyright. Otis' policy on Copyright provides information about whether your use of a copyrighted work is a fair use or requires permission. Any use of computer or duplicating facilities by students, faculty or staff for infringing on the use of copyrighted works is subject to appropriate disciplinary action as well as those civil remedies and criminal penalties provided by federal law.

Links to More Information About Copyright and Fair Use

• American Library Association: Copyright and Fair Use
• CONFU Conference on Fair Use
• Campus Guide to Copyright Compliance (Copyright Clearance Center)
  
• Copyright and Fair Use (from Stanford University)
  
• Copyright Clearance Center
• Copyright Crash Course (from University of Texas System)
• Copyright Management Center (from Indiana University)
• Digital Future Coalition Learning Center
• Intellectual Property, Copyright, and Fair Use Resources (from Univ. Albany)
• 10 Big Myths About Copyright Explained
• US Copyright Office
• VRA: Copyright, Intellectual Property Rights, Fair Use

2. Copyrighted software may be copied without the copyright owner's permission only in accordance with the Copyright Act. Section 117 of the Act permits making an archival back-up copy. Most software, however, is licensed to the user and the terms of the license agreement may give the user permission to make copies of the software in excess of the archival copy permitted by the Copyright Act. Each software license agreement is unique. As a result, the user's rights to copy licensed software beyond that permitted under the Copyright Act may only be determined by reading the user's license agreement. Any copying or reproduction of copyrighted software on University computing equipment must be in accordance with the Copyright Act and the pertinent software license agreement. Further, faculty, staff and students may not use unauthorized copies of software on University-owned computers or networks or computers housed in University facilities.

3. Copyrighted materials may be copied or otherwise used without the copyright owner's permission where such copying constitutes "fair use" under the Copyright Act. The The four factor test of fair use is as follows and each factor must be considered: What is the character of use, e.g. educational, nonprofit, etc.? What is the nature of the work to be used, e.g. facts that are published vs. imaginative work that is unpublished? How much of the work is to be used? If this kind of use were widespread, what effect would it have on the market of the original?

4. In order to copy or otherwise use materials, including software, where (a) the materials are copyrighted, (b) use exceeds what is permitted by license, and (c) the four factor fair use test indicates that the use is likely not fair, permission should be obtained from the copyright owner.

5. Otis will determine the appropriate methods to provide notice to faculty, staff and students regarding this Copyright Policy and compliance to the Policy and related laws. Faculty should notify their students, in their course syllabus or otherwise, that materials used in connection with the course may be subject to copyright protection.