LIBRARY
Copyright Guide: Course Design and Copyright
This guide will inform you of copyright and issues pertaining to the use of copyrighted materials. It will not supply legal advice.
Dos and Don'ts
DO
- When in doubt, ASK
- Talk to the library, and get support
- The library can construct a LibGuide for all resources, which is easily updated
- Include links to original items (you point students to the resource, instead of providing a handout)
- Feel free to use OER resources, articles, eBook Chapters, videos, etc. (but follow the tip above)
DO NOT
- Scan and embed resources that are copyrighted in your course (this is a violation of copyright, and can cost YOU a lot of money)
- Download and email copyrighted materials (violates the Digital Mil Copyright Act (DMCA)
- Include an e-copy of your print textbook unless you have obtained copyright clearance
UNIVERSITY POLICY regarding copyright and culpability
- Faculty who want to incorporate works into digital transmissions for instructional purposes pursuant to TEACH must:
1. Not use unlicensed commercial works that are sold or licensed for purposes of digital distance education.
2. Not use pirated works or works where the faculty member otherwise has reason to know the copy was not lawfully made.
3. Limit the use of works to an amount and duration comparable to what would be displayed or performed in a live physical classroom setting. TEACH does not authorize the digital transmission of textbooks or course packs to students.
4. Faculty should interactively use the copyrighted work as part of a class assignment in the distance education course. It should not be an entertainment add-on or passive background/optional reading
Personal Liability for violating copyright
Civil Liability: Persons found to have infringed may be held liable for substantial damages and attorneys‘ fees. The law entitles a plaintiff to seek statutory damages of $150,000 for each act of willful infringement.
Criminal Liability: Copyright infringement also carries criminal penalties under the federal No Electronic Theft Act. Depending on the number and value of the products exchanged, penalties for a first offense may be as high as three years in prison and a fine of $250,000. Saint Leo is not the police; however, Saint Leo will cooperate with the law enforcement agencies when required.
Fair Use Guides
- Is it Fair Use?Use this worksheet to help you decide
- Fair Use EvaluatorThis tool provided by the American Library Association can help you better understand how to determine the "fairness" of a use under the U.S. Copyright Code. It can also collect, organize & archive the information you might need to support a fair use evaluation.
- Copyright reproduction (fair use) request formForm you can use to request permission to use copyrighted materials. You can use the Sample Permission Request Letter as a basis for requesting permission from the copyright holder. There is no required form for requesting permission. If you chose not to use the sample permission request, your permission request should at least include the title of the work, the name of author, artist, or editor, a precise description of what you want to use, and a description of how you intend to use it (e.g., copy, perform, display, make a derivate work, etc.). The more precise you can be in your permission request, the more likely it is that your request will be approved. Make sure to allow sufficient time for your permission request to be processed. In many cases 4-6 weeks may be required.