Copyright and Fair Use
Copyright Considerations for Online Materials
In order to make a determination about whether or not you can use content in your online course without violating copyright laws, you should take some time to familiarize yourself several terms: copyright, public domain, fair use, TEACH Act, and Creative Commons. You should also utilize the CFCC library, which is a valuable resource for legally obtaining course content.
Here is a general process to follow to help determine if your content is legal to use:
1. Does your school own a license for the material?
If yes, refer to the license for use; this license controls the use of these materials, even when the work is in the public domain or falls under the TEACH Act.
If the answer is "no", proceed to the next step.
2. Is the material in public domain?
What is public domain?
- Works of the U.S. Federal Government
- Works where the term of copyright has expired (see chart from Cornell)
- Works whose author failed to satisfy statutory formalities to perfect the copyright or
- Work that has been assigned by the copyright holder to the public domain.
If yes, you can use the work.
If the answer is "no", proceed to the next step.
3. Does the material hold a Creative Commons license?
What is a Creative Commons work?
If yes, you can use the work, provided you abide by the license provisions.
If the answer is "no", proceed to the next step.
4. Is your use covered by TEACH Act?
What is the TEACH Act?
If yes, use the material (pay attention to guidelines about types and amounts that can be used).
If the answer is "no", proceed to the next step.
5. Will your use likely be covered under Fair Use?
What is Fair Use?
If yes (remember there are no definitive answers with Fair Use, just a weighing of the four factors), then you can likely use the work.
If the answer is "no", proceed to the next step.
6. Can you obtain permission from the copyright holder?
If yes, then use the material and retain documentation of permission.
If the answer is "no", either contact the Copyright Clearance Center and pay a licensing fee for use or do not use the material.
If a work is an "orphan work", make a good faith effort to obtain permission.
Copyright Resources
- Copyright and Fair Use Guidelines : This is a great quick reference about general copyright guidelines for education.
- Copyright Basics Video: This short video from Copyright Clearance Center explains copyright basics.
- Copyright Quickguide : From Columbia University Libraries, this guide introduces readers to fundamental principles of copyright.
- Fair Use Visualizer : Use this interactive tool to help determine the likelihood that your content passes fair use.
- TEACH Toolkit- Online Resource for Understanding Copyright and Distance Education : NC State University has recently revamped the TEACH Act Toolkit. You'll find everything you need to understand the Act and its implications for distance learning.
