| Using copyrighted material in your online course: |
| |
| Two important federal regulations apply: |
 Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, and
Technology Education and Copyright Harmonization (TEACH) act |
| |
| Steps to take: |
| A. Decide if the use is "fair use" |
| |
| § 107. Limitations on exclusive rights : Fair use38 |
| |
Notwithstanding the provisions of sections 106 nd 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; |
| (2) the nature of the copyrighted work; |
| (3) the 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| The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. |
| |
| U.S. Copyright Office (2005, September 7). Copyright Law of the United States of America URL: Retrieved September 14, 2005 from http://www.copyright.gov/title17/92chap1.html#107 |
| |
| B. If permission is needed, here are the steps to follow: |
| (1) Determine if the copyrighted material is essential to your course |
| (2) If so, determine the copyright holder |
| (3) Contact the copyright holder to request use of their work. If you would like assistance, please contact CSUSB's Office of Distributed Learning at (909) 537-3441 or by email at old@csusb.edu |
| (4) Include proper citation of the copyright holder in your course |
| |
| C. Considerations from the TEACH act |
| Further, in an online course, the TEACH act stipulates that you must ensure that the material will only be used in the class and that stduents cannot redistribute the work. Including the material in a Blackboard course ensures that only students in the class can access the material. Also, a notice must be posted that materials used in the course are copyrighted. |
| |
|
| Information about the TEACH Act |
| http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm |
| |
| Copyright by Georgia K. Harper who developed the copyright Crash Course (below) |
| --A very useful checklist by one of the subject's acknowledged experts |
| |
| Crash Course in Copyright |
| http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.ht |
| --right to the point |
| |
| UMUC Center for Intellectual Property and Copyright in the Digital Environment |
| http://umuc.edu/distance/cip/ |
| University of Maryland University College (UMUC) |
| --an excellent resource |
| |
| Technology, Education and Copyright Harmonization (TEACH) Act |
| A detailed examination and analysis by the American Library Assc. (ALA) |
| http://www.ala.org/washoff/teach.html |
| |
| The TEACH Toolkit from NorthCarolina State University |
| a comprehensive examination of the Teach Act -- excellent |
| http://www.lib.ncsu.edu/scc/legislative/teachkit/ |
| |
| A TEACH Act primer from the Lawe Firm of Dow, Lohnes & Albertson, PLLC |
| TECHNOLOGY, EDUCATION, AND COPYRIGHT HARMONIZATION ACT OF 2002 |
| http://www.dlalaw.com/site/page_1.asp?section=4&subsection=3&seqa=0&seqb |
| |
| |
| UC Copyright Education Web Site |
| http://www.universityofcalifornia.edu/copyright/ |
| |
| |
| |
