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Copyright
Copyright Overview
The United States Copyright Office defines traditional copyright as "a form of protection provided by the laws of the United
States (title 17, U.S. Code) to the authors of 'original works of authorship,' including literary, dramatic, musical, artistic, and
certain other intellectual works. This protection is available to both published and unpublished works" (2008, p. 1). Unless you own
the exclusive copyright to an item you are not permitted to make copies of, create derivative works from, or distribute the item to
others—unless you pay for that permission. The original idea behind copyright is that by ensuring monetary reward, authors and
creators will continue to innovate and share ideas.
For the purpose of education (teaching, scholarship, and research) there is a Fair Use clause of copyright that allows for making and
distributing copies of traditionally copyrighted materials without seeking permission from the copyright holder. In order for items
to fit under Fair Use, please reflect on:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational
purposes—educational use often falls under Fair Use, while for-profit use never does.
- The nature of the copyrighted work—meaning, is the work a non-copyrightable fact or a very copyrightable creative work?
- The amount of the portion used in relation to the copyrighted work as a whole—less is better!
- The effect of the use upon the potential market for or value of the copyrighted work—by sharing the item, are you robbing the
author/creator of profits?
Copyright Scenarios
Scenario #1: Strict Copyright Policies: Harvard Business Review
Harvard Business Publishing has a strict copyright policy that prohibits using
material from any of their publications (articles, case studies) as assigned
course material. This ban includes articles from the Harvard Business Review.
Harvard Business Publishing also restricts linking to their articles through
Blackboard. Should you wish to do any of the above, you will need to contact
Harvard Business Publishing for rates and permission. These copyright restrictions
are included at the end of all HBR articles; please refer to their copyright
statement for more information (included below). A good rule of thumb to follow
before linking to or requiring the reading of any journal article is to check
each individual publisher's copyright statement, usually available at the end
of each journal article.
Harvard Business Review Notice of Use Restrictions, May 2009. Harvard Business
Review and Harvard Business Publishing Newsletter content on EBSCOhost is
licensed for the private individual use of authorized EBSCOhost users. It
is not intended for use as assigned course material in academic institutions
nor as corporate learning or training materials in businesses. Academic licensees
may not use this content in electronic reserves, electronic course packs,
persistent linking from syllabi or by any other means of incorporating the
content into course resources. Business licensees may not host this content
on learning management systems or use persistent linking or other means to
incorporate the content into learning management systems. Harvard Business
Publishing will be pleased to grant permission to make this content available
through such means. For rates and permission, contact permissions@harvardbusiness.org.
Scenario #2: Including Internet images in PowerPoint presentations
The Copyright Act allows for display of images in the classroom without infringing
on copyright as long as each image source is attributed. Should the instructor
wish to post the PowerPoint to Blackboard or use the PowerPoint semester after
semester, the instructor needs to check the copyright restrictions of each image.
Verify that the images may be legally downloaded, used for non-profit, educational
purposes, and that use of the image fits under the fair use doctrine of the
Copyright Act (librarians will assist you with this). Written permission from
the copyright holder for repeated showings of the image may need to be obtained.
Scenario #3: Sharing video & audio clips through Blackboard
Curious if you can legally share video clips or podcasts with your students
through Blackboard? The Technology, Education and Copyright Harmonization Act
(TEACH Act) allows for instructors to electronically share "reasonable
and limited portions" of almost any type of work-including video and audio
clips.
This Act does not authorize an electronic media free-for-all, however. All media
shared must be legally-made copies. Instructors and students must be made aware
of and held responsible to abide by all copyright restrictions on the digital
files. These restrictions include only showing materials directly related to
class content, not retaining copies of the materials after the course has ended,
and avoiding unauthorized distribution of the materials. Remember, digital resources
have the same copyright protection as do tangible, physical resources. Please
contact the Director of Instructional Technology Bob
Andersen for more information about including media in your blended delivery
courses.
Other copyright FAQs: Do you know if you're within fair use guidelines when
you use software, videos, the internet, or broadcast programs for your classes?
Common Questions Direct Answers, compiled by Linda K. Enghagen, J.D, can help
answer questions about what constitutes fair use of these types of resources.
( http://horizon.unc.edu/projects/resources/educators.html)
Linking to Articles in Blackboard
Linking to journal articles in Blackboard is an easy method of abiding by publishers'
copyright restrictions. Click here to learn how to and why
you should link to articles in Blackboard instead of handing out or emailing
copies of articles to students.
Coursepacks
Coursepacks are copyright-protected collections of materials (articles, book
chapters, case studies, course notes, instructor's own works) assembled by instructors,
bound by third-parties, and then purchased by students. Coursepacks are practical
when instructors want to assign articles with strict copyright restrictions,
materials not readily available through the Twin Cities Library, or excerpts
from multiple books.
The Twin
Cities Campus Bookstore will assist with coursepack creation, obtain permission
to use copyrighted works, give a cost estimate for an individual course pack,
and make available the coursepacks to students. Faculty should bring materials
to the bookstore two months before the coursepack is needed by students. Instructors
must seek copyright permission on coursepack materials every semester. Contact
the Twin Cities Campus Bookstore at 612.728.5170 for more information.
United States Copyright Office. (July 2008). Copyright basics. Retrieved from http://www.copyright.gov/circs/circ1.pdf
Last revised: September 01, 2009
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