Copyright

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. 

  • Independently created
  • Minimally creative
  • Fixed when in a permanent medium so that it can perceived, reproduced or communicated
  • Protection exists the moment the work is “fixed”, not an idea
  • Federal registration not required

Basics

Review the content below for more information on copyright.

Copyright Basics Transcript

TEACH Act & Fair Use

The TEACH ACT permits use of copyright works without permission or royalty only for non-profit educational institutions.

Fair Use Exception
Scales of Justice

The doctrine of Fair Use; however, does apply to both non-profit and for-profit education institutions. A Fair Use Analysis must be performed.

Fair Use Purpose

  • Criticism
  • Comment
  • News Reporting
  • Teaching
  • Scholarship
  • Research

Fair Use Factors

Fair Use Factors Transcript

Fair Use Analysis

Keep in mind, that a Fair Use Analysis should always be performed prior to requesting permission. If permission is sought and denied; later using the same content based on Fair Use is likely to invite a lawsuit.

The analysis as to whether the Fair Use exception applies to the intended use is complex and difficult to determine definitively.

Alternatives to Consider

Alternatives to leveraging a Fair Use exception include:

  • Create your own. Remember, copyright protects the specific expression of an idea and not the idea itself. It also does not protect simple facts or theories – only the way in which they have been depicted or expressed.
  • Use public domain resources.
  • Use of Creative Commons/Open Access Network materials (without a for-profit or commercial restriction within the license)

Creative Commons – Open Education Resources

CC Logo

A common licensing framework is Creative Commons and it currently offers six licensing models. The Creative Commons license or other license must be carefully reviewed to ensure that the intended use in scope, end-user, modality, language, duration, and geography are permitted.

Creative Common Licenses are for framed third-party non-university-created media (not for linked media) — e.g., embedded video, image, interactive from another website.

Creative Commons (2020) noted there are six licenses, which are listed below from least permissive to most permissive.

Creative Commons Transcript

For more information, visit the Creative Commons Licensing website.

Note: Open Education Resources (OERs) commonly use the Creative Common (or similar) licensing models. These licenses do not blanket content for the entire site, meaning, one license does not apply to all content listed in the database. Given that content is individually licensed it should be reviewed before considering use.

Linking

For the most part, including a hypertext link (“linking”) to third party content does not violate that third party’s copyright rights and does not requires a Fair Use exception or a license.

Chainlink Fence

So long as:

  • your content does not embed or frame the third-party content,
  • you do not display or perform the content during your lecture, or
  • charge a fee for the express purpose or allowing access to the third-party content, a word hypertext link is permissible.

Make sure that you correctly attribute the website, spell the URL correctly and configure settings to open links in a new page.

Reference

Creative Commons. (n.d.). About the licenses. https://creativecommons.org/licenses/

Content Attribution

Source Credit: Copyright material in original (textual) format was developed in collaboration with counsel.

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