2. Disclaimer This presentation is for informational purposes only and does not constitute legal advice.

3. Overview Why is understanding copyright important for online instruction? How does copyright work? How can you use copyrighted materials in online courses?

4. Copyright and Instruction Face-to-face teaching exemption covers most uses of copyrighted material Non-profit educational institution Audiovisual materials not “given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made” [17 U.S.C. § 110(1)] Teaching exemptions for online and blended courses are more complex TEACH Act [17 U.S.C. § 110(2)] (not currently in use at the University of Illinois)

5. Subject Matter of Copyright What is protected? Original works of authorship Fixed in a physical or digital medium Copyright protects the “expression” not the “idea” itself What is excluded? Ideas, facts, procedures Works by the federal government (public domain) Works with minimal creativity

6. Subject Matter of Copyright Types of works Literary works and software Musical works, including any accompanying words Dramatic works, including any accompanying music Pantomimes and choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works

7. What Does Copyright Protect? Exclusive rights granted to authors To reproduce the work To create derivative works To distribute copies To publicly perform or display the work

8. Copyright Term Length U.S. term lengths were extended through revisions to copyright law Published before 1923 Public domain (some exceptions apply) Published between 1923-1977 May still be in copyright Published after 1977 In copyright (life of the author plus 70 years)

9. Copyright Term Length Copyright Terms and the Public Domain Published vs. unpublished works Published with copyright notice and registered with the U.S. Copyright Office (1923-1989) Cornell University Copyright Center’s term length resource: http://copyright.cornell.edu/resources/publicdom ain.cfm http://copyright.cornell.edu/resources/publicdom ain.cfm U.S. Copyright Office registration database: http://copyright.gov/records/ http://copyright.gov/records/

10. Copyright and Instruction Other options for using copyrighted materials in online courses include: Linking out to copyrighted material Fair Use Open Access (public domain, Creative Commons licenses, educational licenses) Library E-Reserves and Collections Getting Permission

11. Linking Out A simple way to access copyrighted material Some issues to consider: Content can be taken down. Not all materials are accessible to students with disabilities, Disability Resources & Educational Services can’t provide captioning for content hosted externally. Not all web resources are accessible internationally, Youtube is not available in China or on military bases.

12. Fair Use A broad exception to the law that allows limited use of copyrighted materials without the permission of the author [17 U.S.C. § 107] Determined by a judge if you are taken to court for copyright infringement. No fixed amount of a work is automatically fair, decided on a case-by-case basis. Law provides four factors to help you decide if your use is fair.

13. Fair Use 1 st Factor: What is the character or purpose of the use? Non-profit educational use is more likely to be fair use. Commercial use will usually not apply. 2 nd Factor: What is the nature of the material being used? Published works are more likely to be fair use than unpublished. Factual works are more likely to be fair use than fictional, creative works.

14. Fair Use 3 rd Factor: How much of the work will be used? Using only as much as is needed for instruction is more likely to be fair use than reproducing the entire work. 4 th Factor: What effect will this use have on the market for the original material? If your use will impact sales of the work, or if the work is available at a reasonable price, your use will probably not be fair.

15. Fair Use There are many resources available to help with fair use analysis Stanford Fair Use Center: http://fairuse.stanford.edu/charts-and-tools/ http://fairuse.stanford.edu/charts-and-tools/ Columbia Fair Use Checklist: http://copyright.columbia.edu/copyright/fair- use/fair-use-checklist/ http://copyright.columbia.edu/copyright/fair- use/fair-use-checklist/ American Library Association Fair Use Evaluator: http://librarycopyright.net/resources/fairuse/ http://librarycopyright.net/resources/fairuse/ URI Library Guide to Fair Use and Online Courses: http://uri.libguides.com/fairuse http://uri.libguides.com/fairuse

16. Open Access You can avoid fair use determinations and permissions requests by choosing Open Access materials for your course Creative Commons A variety of licenses that allow use of copyrighted material under different specifications (attribution, non-commercial use, share-alike). Public Domain Federal government works and works with expired copyright. Educational Licenses “Available for instructional purposes” (Confirm online use is permitted!). Check the “terms of use” sections of web resources.

17. Open Access Good news! Museums and cultural institutions are increasingly providing access to digital collections: Digital Public Library of America: http://dp.la/http://dp.la/ Flickr Commons: https://www.flickr.com/commons https://www.flickr.com/commons The Internet Archive: https://archive.org/index.php https://archive.org/index.php Wikimedia Commons: http://commons.wikimedia.org/wiki/Main_Page http://commons.wikimedia.org/wiki/Main_Page

18. Library E-Reserves The University Library has access to a huge range of materials, and has a fair use policy in place for content that cannot be purchased. Textual documents, still images, audio and video See Electronic Reserves Guide for more information on what content can be used and how to submit requests: http://uiuc.libguides.com/reserves/faq http://uiuc.libguides.com/reserves/faq Library procedures for media purchasing: http://www.library.illinois.edu/acq/media/orderin gmedia.html http://www.library.illinois.edu/acq/media/orderin gmedia.html

19. Library Visual Resources In addition to their e-reserves services, the Library provides access to a range of materials that can be used in online instruction ARTstor Collection of images and tools to find, view, and share content. http://uiuc.libguides.com/content.php?pid=107264 &sid=806739 http://uiuc.libguides.com/content.php?pid=107264 &sid=806739 Library guide to using ARTstor to manage online course materials. http://uiuc.libguides.com/instructional_images http://uiuc.libguides.com/instructional_images Contact Sarah Christensen, Visual Resources Curator, for more information.

20. Getting Permission Some copyright holders will give permission to use their work in online courses Visual materials from a required textbook. Instructional materials created by other universities. Guidelines for permissions requests Keep a written record of any agreements. Clearly define your proposed use - duration, the amount of the work, how it will be used. Highlight relevant technological protections, i.e., “content hosted in an Illinois CMS will be password- protected and limited to enrolled students”.

21. Robyn A. Bianconi Instructional Resource Curator CITL-ATLAS Instructional Media Resources biancon1@illinois.edu