Copyright FAQ for Faculty

Do I own my original creation?

Yes. As stated in the Faculty Handbook, 2.12.5 (Interest in Creative Work) subsection b: “Any such materials written, created, produced or otherwise gnerated by a faculty or staff member shall remain the exclusive property of the faculty or staff member, and that person shall have the sole right of ownership and disposition, unless the materials are written, created, produced, or otherwise generated “for hire.”

Does that include my lesson plan?

Yes, both the written version and the physical implementation.

If a student records my lecture/presentation/teaching with my permission, do they hold the rights to the recording?

No. As stated above, the physical implementation, the content, and all other aspects of your lecture, presentation, or teaching are yours. The student has no right to copy and distribute recordings of your class in any way.

How do I copyright my materials?

Copyright is now automatic, although if you are worried about copyright infringement of your material, you should register your copyrighted work with the U.S. Copyright Office to ensure that you have a legal leg to stand on.

Can I use copyrighted material in BrightSpace?

Yes and no. There are certain guidelines that can be used to help you judge whether you can or not. Fair Use states that you can use materials under certain circumstances relating to teaching, learning, and research. The TEACH Act allows for certain rights regarding online teaching and learning.

Use the Ancilla College Fair Use Checklist to determine if your use is covered by Fair Use.

For more specifics on Fair Use, click here.

For more specifics on the TEACH Act, click here.

When I post something that I created to BrightSpace, does it become their property?

No. They defer to our policies regarding intellectual property.

Frequently, legalese language on sites that host content is often worded so that it might sound as if the content you post becomes the property of the site–YouTube and Facebook get targeted for these sorts of accusations a lot. Usually, what they give themselves is the right to distribute your material, which of course is the point of posting your content in the first place. In essence, you are granting them the permission to help you distribute your content. But you still own all other rights, including the content itself, the right to make copies of the original as well as derivative works, and of course you still have the rights to distribute the content outside of BrightSpace. If a student makes copies of your recorded lecture from your BrightSpace classroom and starts passing it out, they are violating your copyright.

Can I record myself reading a poem or story and then post the video to BrightSpace?

Often, you can. The first thing to determine is whether the work is in public domain. Searching a site with public domain works like the Internet Archive, Project Gutenberg, or Librivox can help you sort out what may be in public domain.

If the work is still protected by copyright, you may still be OK under the TEACH Act and/or Fair Use Act.

Can I use a website or YouTube video in BrightSpace or my class?

It is best to link to the website or YouTube video; while embedding may be OK, linking is considered the safer path to use regarding copyright, since it takes you directly to the original work. However, if you know or greatly suspect that the materials you are linking to are breaking copyright law (a popular film uploaded into YouTube, for example), then even linking becomes questionable. Some companies have claimed that linking to a site or content that is in violation of copyright laws makes the person who linked just as guilty on the grounds of distribution rights.

Can I use a DVD in BrightSpace?

The TEACH Act allows for parts of a film or documentary to be shown in an online classroom setting under certain circumstances. The TEACH Act does not allow for an entire film to be shown.

Can I make physical copies of copyrighted media from the library or my personal collection and distribute them to students?

Sorry, no.

Even if I make sure I get all the copies back?

Sorry, still no.

Can I record shows off the TV and show them in class?

Yes, with a few provisions. The recording cannot be a permanent one and must be erased or destroyed within 45 days of recording.