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Copyright and Fair Use - What does it have to do with online learning?

What is copyright?

Copyright is a legal protection used to protect the expression of ideas. For example, a literary work, composed piece of music, a movie, painting, or a photograph is protected by copyright, which designates each as the intellectual property of the people who created them.

What does copyright have to do with online learning?

In order to use copyrighted material, you need to gain permission from its creator or owner. It is against the law to use the material without that permission. Otherwise, you can be named in a copyright infringement lawsuit. Note too that even without directly infringing on a copyright, you can be named in a lawsuit as a contributory infringer for providing the equipment or teaching the class involved with a copyright violation.

What is covered by copyright?

Some materials such as photographs or AV materials created by the US government, or facts do not fall under copyright protection. These and other materials defined as fair use or that fall under public domain do not require permission to be used or reproduced.

The internet has created further confusion with copyright in terms of what can be used and how it can be used. The TEACH Act was created to address this.

What follows are terms and guidelines to help you determine if a resource you are interested in is copyrighted and the steps to take should you need permission. In addition, use these guidelines to learn about your rights as an online instructor.

When you are finished reviewing the guidelines that follow, complete the Copyright Quiz to see how well you are prepared to keep your course soundly within the terms of copyright law.

Copyright Infringement in the News
www.lib.virginia.edu/education/kay/presentations/liability.htm

Permission (and examples of letters requesting permission)www.lib.virginia.edu/acquisitions/copyright/permission.html
www.virginia.edu/finance/polproc/pol/xvf7.html

Examples of letters requesting permission
www.ei.virginia.edu/authors/Letters/published-online.html
www.lib.ncsu.edu/scc/misc/contents.html

The TEACH Act
www.lib.ncsu.edu/scc/legislative/teachkit/guidelines.html

The TEACH Toolkit
www.lib.ncsu.edu/scc/legislative/teachkit/index.html

Fair Use
www.lib.virginia.edu/acquisitions/copyright/fairuse.html

Fair Use Analysis
www.utsystem.edu/ogc/Intellectualproperty/copypol2.htm#test
www.utsystem.edu/ogc/intellectualproperty/copypol2.htm

Educational Fair Use Guidelines for Distance Learning
www.utsystem.edu/ogc/intellectualproperty/distguid.htm

Fair Use and Copyright
www.utsystem.edu/ogc/intellectualproperty/copypol2.htm

Copyright Checklist
www.copyright.iupui.edu/checklist.htm

Rules of Thumb for Coursepacks
www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#course

Public Domain
www.lib.virginia.edu/acquisitions/copyright/public_domain.html

Copyright Quiz
www.mediafestival.org/quiz1.pdf

Additional Resources at UVa
University of Virginia Library Copyright Home Page
www.lib.virginia.edu/acquisitions/copyright/

A lecture on Copyright and Distance Education by Kay Buchanan
www.lib.virginia.edu/education/kay/presentations/de/outline.htm

A presentation on the TEACH Act
www.eduworks.com/Documents/Workshops/EdMedia2003/PowerPoint
/TEACH_ACT.pdf#search=%22TEACH%20act%20virginia%22

 

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