Primer for Teaching Online
5. Copyright and Fair Use
Understanding Copyright in Online Teaching
Incorporating external materials into your course, such as articles, videos, images, and multimedia, can significantly enrich the learning experience. However, these resources must be used in compliance with copyright law.
Copyright exists to protect original works and ensure that creators receive appropriate recognition and compensation. Misuse of copyrighted materials, whether intentional or not, can expose both faculty and institutions to legal and reputational risk.
Copyrights exist to promote original expression in a variety of ways. Copyright law states that authors of original works may receive appropriate compensation for their efforts.
What is Fair Use?
Fair use allows limited copying and distribution of copyrighted works without permission from the author. Examples might include quotations in articles or the copying of a small segment of an original work for classroom use. The definition of Fair Use is under constant scrutiny by the federal government and can change frequently. Fair Use may be used:
- Copying material for use at a nonprofit institution, distributed without charge, for temporary use, and made by a student or teacher acting on their own.
- When the amount of material used is considered to be insubstantial in length when compared to the entire work.
- When the use of the material will not replace or diminish the market for the original work.
Additional Resources
- Regents Guide to Copyright and Fair Use, The University System of Georgia Board of Regents
- UT System Copyright Crash Course, The University of Texas System
- Copyright Resources on the Internet, The University of Texas System
What is within the Public Domain?
Works that fall outside the provisions of copyright are typically in the public domain and may be copied freely by anyone. Public domain works include those of the United States government and those whose copyright has expired.
- For works created after 1978, the copyright expires 50 years after the author’s death.
- For works created between 1950 and 1978, the copyright lasts for 75 years.
- For works created and first published before 1950, the copyright lasts for 28 years unless the copyright was renewed for another 28 years.
When to Request Permission
Always get permission from authors, especially publishers, before placing their materials into your course.
You should seek permission when:
- Using substantial portions of a copyrighted work.
- Reproducing or uploading full articles, book chapters, or media files
- Distributing materials in ways that could replace the original source
In many cases, publishers, not authors, hold the rights. Requests should be directed accordingly. Alternatively, consider linking to materials through your institution’s library databases, which often include licensed access.
Strategic Considerations for Faculty
- Ensure all materials align with institutional policies and federal regulations.
- Prioritize linking to licensed or publicly available content instead of uploading files.
- Leverage your institution’s library and copyright support services.
- When possible, use OER and Creative Commons resources to reduce risk and increase access.
How Should I Acknowledge the Author?
Always give proper credit to the author when using copyrighted material. This is done by including the copyright symbol (either “Copyright” or “©” ) and by including the author’s name either next to or directly underneath the work. It is important to ensure that it is visible to anyone using the work.
