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When do I need permission to use a work?
When do I need permission to use a work?
When a work is protected by copyright, the owner of the copyright is granted a number of exclusive rights in the work, including the right to copy, distribute, perform and adapt the work. These rights are subject to a number of exceptions, including Fair Use and exceptions when using the work for classroom instruction. Unless your use of a work meets the requirements of one of these exceptions, copyright law requires you to get permission from the copyright holder before using their work in your classroom.
Doesn't Fair Use allow me to use a work for educational purposes?
Doesn't Fair Use allow me to use a work for educational purposes?
Possibly, but not necessarily. Fair use allows limited use of copyrighted works without permission from the copyright holder for a number of educational purposes - comment, criticism, research, teaching, or scholarship. It is important to remember, however, that an educational purpose alone does not mean that your use will be protected as fair use. Copyright law provides a number of fact-specific criteria that must be evaluated to determine whether a use is "fair." Watch the Fair Use video to the right for more information.
Do I need permission to show a movie in class?
Do I need permission to show a movie in class?
No, you do not need permission from the copyright holder to show a copyrighted movie in a face-to-face (i.e., not online) class. This is because copyright law provides for a specific exemption that allows performances or displays of works during face-to-face teaching activities at nonprofit educational institutions, whether in the classroom or in a "similar place devoted to instruction." This exemption applies not just to movies, but to any copyrighted work. This exemption does not extend to situations where you have reason to believe that the copy of the work was "not lawfully made," e.g. an illegally copied DVD.
Do I need permission to link to materials on the web?
Do I need permission to link to materials on the web?
Generally, merely providing links to materials on the web does not require the permission of the copyright holder. It is a good rule of thumb to use linking to provide access to copyrighted materials whenever possible, rather than posting PDFs or otherwise reproducing web materials.
What about to make copies of course readings for my students?
What about to make copies of course readings for my students?
Creating copies of class readings and including them with your course materials (e.g., published articles that you wish to make available during the course of the semester) may qualify as Fair Use. But in brief, fair use for educational purposes is more likely to be considered "fair" for small reproduced quantities, the portion of the reading material copied is not significant in relation to the entire work, and the reading material is intended for educational purposes aligned with content learning for your course. Ten percent (10%) or less is often cited as the appropriate portion that fits the aforementioned parameter. If you post the reproduced work on a learning management system (such as Schoology, Canvas, Blackboard, Moodle, etc. ) for reserved reading, make sure that a) you restrict access to students enrolled; b) block access after the course has ended; and c) remind your students that the material posted should not be copied or redistributed to others (include a copyright notice with your reading materials that explains that these documents are made available through Fair Use or the TEACH Act and that further copying and redistributing the materials is a violation of copyright law).
This chart has been designed to clarify the complexities of copyright laws for the basic and regular use of images in general publications and for personal use. However, this chart, in its simplicity, cannot and does not cover all the complex nuances of copyright laws. Those who use this chart are encouraged to do so only as a general guideline. When using images and other communication methods, communicators are responsible for understanding the ethics and legalities of copyright laws, fair use stipulations, creative commons licenses, what is and is not considered public domain, and the social and cultural understandings of plagiarism.
Newbold, C (PhD). Can I Use That Picture. [Infographic]. The Visual Communication Guy.
https://thevisualcommunicationguy.com/wp-content/uploads/2014/07/Infographic_CanIUseThatPicture4.jpg
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