Information on Copyright:
*Remember, Copyright is to protect the author (copyright holder). Any other rights are exceptions to the rule, not a law in and of themselves.
United States Copyright Office
US Copyright's Office Factsheet on Fair use
Fair Use:
According to Section 107 of the Copyright Law you need to consider the following four factors in order to invoke fair use:
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
"The distinction between "fair use" and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission."
"The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission."
Columbia University's Copyright Advisory Office - A great source for information on copyright including scenerios, information on seeking out copyright holders to get permission, and court cases involving copyright.
Canisius College Guide to Copyright and Fair Use - Canisius College requires all members of the University community to comply with copyright law. This guide addresses copyright issues pertaining to the use of print materials, especially photocopies, in the classroom and on library reserve. Copyright issues involving Interlibrary Loan, music, off air videotaping, use of audiovisual works, use of educational multimedia, and fair use guidelines are described.
Copyright Clearance Center - copyright.com - The CCC can help you to get instant permission to use content for a fee. The CCC only works with text, not video or digital content.
Crash course in Copyright - Created by Georgia K. Harper, lawyer and copyright expert for the University of Texas System, comprehensive site covers copyright and fair use as well as the broader area of intellectual property for creators and users.
Is the work I want to use still covered under copyright?
Copyright Term and the Public Domain in the United States - a useful chart from Cornell University.
The Digital Copyright Slider - created by Michael Brewer of the ALA Office for Information Technology Policy.
How does Copyright and Fair use apply to Distance Education/Online Classes?
Remember, Fair use does not apply in the online world.
See, Distance education at a glance, Guide 12: Copyright by Barry Willis, Associate Dean-Engineering for some information.
Remember:
- You cannot upload "textbook materials" created for either teacher or student textbooks.
- You cannot use a video in its entirety unless you pay for it.
- Sometimes it is easier and cheaper to have the students buy a copy of a movie rather than to pay for permission.
Do I need permission to do this?
When in doubt, seek permission. This is especially true when you are planning on digitizing a work or broadcasting it from a website or course software like Angel. Be sure to get the permission in writing. You can email, send a letter via the postal service or fax it. Address your letter to the permissions director/editor. When seeking permission, be specific in spelling out what you are asking for. In your letter, include details like how many students will be in the class and the dates that the material will be available to them. When that section of the course is over, remove that material from the site.
Example permissions letter from Columbia
Contact the FacTS Center for assistance in encoding and embedding this content into your pages.
Plagiarism
Additional Information:
Canisius College policy on Academic Integrity
Questions on Copyright: Jessie Blum, blumj@canisius.edu or Joel Cohen, cohen@canisius.edu