Copyright for Teaching

The constitutional purpose of copyright is to promote the progress of science and the useful arts. Title 17, U. S. Code

Copyright gives authors and creators the power to allow or prohibit certain uses of their “original works of authorship" that are "fixed in a tangible form of expression.” 

Exclusive rights of a copyright owner are to:

• Reproduce the work --> make copies in any medium
• Prepare derivative works based upon the work --> translations, adaptations (books, articles)
• Distribute copies to the public by sale or other transfer of ownership or by rental, lease, or lending
• Perform or display the work publicly --> generally for creative works
• Authorize others to exercise these exclusive rights, subject to certain statutory limitations.

If you are not the copyright owner, you don't have these rights. Note however, the following:

• Exclusive rights are limited:
  • Generally, at least the author’s life plus 70 years from the author’s death (unless copyright is renewed or transferred)
• There are exceptions to the exclusive rights (eg, fair use)

• Copyright is automatic. The moment an original expression of an author/creator becomes fixed in a tangible medium, the author/creator has exclusive rights.
• Since 1989, no copyright symbol (©) is necessary, although it can be helpful for users to see the symbol with the year created and the copyright owner (© 2023, John Smith)
• As an author/creator, you are not required to register your copyright with the U.S. Copyright Office (but you can for a fee)

Always assume a work you want to use is copyrighted.

Just because something is on the Internet, doesn’t mean it’s in the public domain.

Public Domain indicates works that are either no longer protected by copyright or never were protected. Copyright permission is not needed for their use, although attribution is required. Examples:

• Generic information -- ideas and facts -- is not copyrightable.
• Works whose copyrights have expired or were not renewed (applies to works created before 1978).
  • All works first published in the United States prior to 1929. (95 years after publication date -- changes every year.)
• Works created prior to March 1989 that failed to include a proper notice of copyright.
• Works "prepared by an officer or employee of the United States Government as part of that person's official duties."

Any work published after March 1, 1989 is protected by copyright, even if no notice of copyright is present.

See Copyright Term and the Public Domain in the United States (Cornell University Library) for a detailed chart with many more conditions. For more extensive information, see UC Berkeley's Public Domain Handbook.

OR, use the Public Domain Slider tool help determine the public domain status of a work that is first published in the U.S.

Creative Commons is a way for creators to share their works while maintaining their copyright.

"The combination of our tools and our users is a vast and growing digital commons, a pool of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law."

If the item you want to use has a Creative Commons license, you may be able to re-use it, but always cite it. TYPES of CC LICENSES available are:

   Attribution: CC-BY

   Attribution-ShareAlike: CC-BY-SA

   Attribution-NoDerivs: CC-BY-ND

   Attribution-NonCommercial: CC-BY-NC

   Attribution-NonCommercial-ShareAlike: CC-BY-NC-SA

   Attribution-NonCommercial-NoDerivs: CC-BY-NC-ND

Just because it’s for education doesn’t mean it’s a “fair use.”

Fair Use allows others to use copyrighted works without the permission of the copyright holder – limited portions, for limited use, for limited purposes. This is the best exception for educators.

From Cornell University Legal Information Institute: 

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 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.

All factors must be considered together. The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. It is advisable to use a Fair Use Checklist (PDF – Links to an external source may not be accessible)  and keep it on file. Or, use the Fair Use Evaluator (2008 Michael Brewer & The ALA Office for Information Technology Policy).

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

"Technology, Education and Copyright Harmonization Act" addresses the needs for educational uses of copyrighted materials in distance learning.

• Provides guidelines for interpreting fair use in regard to online programs such as Canvas.
• Allows the digitizing of analog or print works, but in most cases only if the work is not already available in digital form.
• Rights of use are also often limited to certain works, in limited portions, and only under rigorously defined conditions.

Faculty must comply with the many and diverse requirements of the law. See the University of Georgia System's Copyright Policy.

Post this notice on your Canvas site: “The materials on this course site are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.”

"Digital Millennium Copyright Act" (DMCA) (PDF – Links to an external source may not be accessible) of 1998 addresses copyright as it relates to the circumvention of anti-piracy measures built into most commercial digital technologies (e.g., DVDs, software programs). It prohibits the circumvention as well as removal or alteration of copyright management information. Some of what DMCA allows:

• Allows nonprofit libraries, archives, and educational institutions exemptions from anti-circumvention provisions; they can make copies for preservation & archival purposes with certain limitations.
• They can create compilations of audiovisual works for use in the classroom with certain restrictions.
• They may create copies of computer programs and video games for preservation purposes after those items become obsolete.
• Limits liability of online service providers (OSP) who may transmit copyrighted information over the Internet; they must take down challenged pages that are in violation.

The Digital & Media Copyright Compliance Standard of ODU's Information Technology Services (ITS) addresses the DMCA.

To learn more about the Digital Millennium Copyright Act (DMCA), visit the American Library Association's site on the DMCA.

• Faculty are responsible for copyright compliance.
• Always assume a work online is copyrighted, until proven otherwise.
• If in doubt, seek permission.
• There is no specific number of words, lines, or notes that may safely be taken without permission.
• Acknowledging the source of the copyrighted material does not substitute for obtaining permission. BUT, always acknowledge the source.
• It is not necessary to have a notice of copyright ©  for material to be copyright protected in the U.S. since 1989. Once something tangible is produced -- text, graphics, music, video, etc. -- it is automatically copyrighted.
• If you link to someone’s Web site, let them know – as a courtesy.
• Consider using OER (Open Educational Resources)

DISCLAIMER: Information in this guide is intended to guide faculty in making efforts to uphold copyright laws. In-depth legal questions should be directed to University Counsel.