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Copyright & Fair Use for Education

A guide for faculty introducing copyright and fair use.

Can I use It?

Can I Use it?

TYPE

FACE 2 FACE

ONLINE

Article

If the Library has an electronic version of the article, use a permanent link to the article (eg. in Laulima and/or your syllabus).

If the article is available legally on the web, link to the article.

If not, you will need to conduct a fair use analysis before scanning or copying the article for your class.

If the Library has an electronic version of the article, use a permanent link to the article (eg. in Laulima and/or your syllabus).

If the article is available legally on the web, link to the article.

If not, you will need to conduct a fair use analysis before scanning or copying the article for your class.

Chapter from a Book

Place print copy of a book on reserve at the library.

If the Library has the ebook, put a permanent link to the ebook in your readings list.

If not, you will need to conduct a fair use analysis before scanning or copying the chapter for your class.

If the Library has the ebook, put a permanent link to the ebook in Laulima.

If not, you will need to conduct a fair use analysis before scanning or copying the chapter for your class.

YouTube Linking to a YouTube video is permitted.  If embedding code is provided, it is fine to embed. Be sure to attribute the creator. Avoid any video that you suspect is not a legal copy, not least because it could be taken down by YouTube at any time. Linking to a YouTube video is permitted.  If embedding code is provided, it is fine to embed. Be sure to attribute the creator. Avoid any video that you suspect is not a legal copy, not least because it could be taken down by YouTube at any time.
DVD The Classroom exception permits you to show DVDs without limitation, provided that the DVD is legally made and acquired.

Streaming a DVD in an online class will need to be permitted by the TEACH Act or be a fair use.  The TEACH Act specifically forbids copying an entire DVD.  Fair use could conceivably permit it but a very rigorous analysis and justification would need to be provided.

Portions necessary to serve your pedagogical purpose may be streamed to students. You will need to think through your purposes for including the content from the DVD and limit your use to only the necessary portions.  

The TEACH Act specifically allows:

"The performance of a nondramatic literary or musical work or reasonable and limited portions of any other work”; the DVD must be a legal copy and the content cannot be mediated educational programming.

as long as

“The performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities.“

Library Licensed streaming content  Yes!  UHMC has licensed content you can embed in your classes. Films on Demand and Academic Video Online are our two streaming film collections. Yes!  UHMC has licensed content you can embed in your classes. Films on Demand and Academic Video Online are our two streaming film collections.
Streaming from Netflix, Amazon, Hulu, etc...

No.  Generally subscription streaming services' Terms of Use specify personal use only.

Students must use their own personal subscriptions to these services.

Images

Showing legally acquired images in the classroom is permitted.  If you post a slide deck to D2L, consider removing any copyrighted material unless you have done a fair use analysis and determined that it is likely to be fair.

Consider using the Library's licensed content or Creative Commons licensed content from the web. 

Creative Commons licensed, public domain, or library-licensed material can be used.  

Otherwise, you will need to conduct a fair use analysis.

Figures, charts, and graphs

Permissible to use, with attribution.  

Permissible to use, with attribution.  If the chart or graph is creative in it's display of information (as opposed to something that anyone could reproduce exactly given the same data), conduct a fair use analysis.
Music from a CD

Okay to use.

See "DVD" above.
Live Music Performance

Yes, permitted by the classroom exemption.

N/A
Student Work Get permission from the student in writing and keep that documentation.  Both copyright and FERPA apply. Get permission from the student in writing and keep that documentation.  Both copyright and FERPA apply.

 

More Examples