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Faculty Services: Copyright

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Legal Disclaimer!

Please note:  This guide to copyright law is intended for informational purposes only, and does not constitute legal advice.  None of the library faculty are licensed attorneys.  If you need legal advice for a university-related issue, it is best to contact university general counsel.

Asbury U. Copyright Guide

Here is the campus copyright guide that was passed by the Faculty Assembly in November 2012.  If you have questions or comments, please don't hesitate to contact Jared Porter, Director of Kinlaw Library.

Know Your Copy Rights (from the Association of Research Libraries)

A Fair(y) Use Tale

Fun and informative!

Steps for a Copyright Decision -- #1: Is the work free of copyright restrictions?

Copyright law can seem overwhelming and difficult to navigate, but in your role as a teaching faculty member, there are some basic steps you can follow when considering the use of copyrighted materials in your class:

First, keep in mind that many works do not have copyright restrictions, either because they are part of the public domain (works published before 1923, or works published by the government) or the copyright holder has intentionally waived some or all of those rights (perhaps using a Creative Commons license).

Steps for a Copyright Decision -- #2: Does the library have what I need?

Second, if the work is protected by copyright, does the Library already own or license the content I need?  The library has paid for online access to over 165,000 ebooks, 37,000 periodicals, 23,000 films, 123,000 music recordings, and 1.6 million images.  There's a pretty good chance that we already have what you need, and all you need to do is provide a link for your students to click, with no copyright infringement.  For instructions on how to link, click on the "Linking to E-Resources" tab in this guide.

Steps for a Copyright Decision -- #3: Does Fair Use apply?

Third, if the Library doesn't have the content I need, can I use it under "Fair Use"?   Fair Use is a great provision to allow the use of copyrighted materials in an educational setting, but you must keep in mind that there are four factors to consider, and educational use is just addressing one of the four factors, the purpose of the use.  Other factors include the nature of the use, the amount of the use, and the market effect of the use.  A detailed checklist is provided below, and makes an excellent tool for your consideration if your anticipated use qualifies as Fair Use.  The more factors that weigh in your favor, the more defensible your position.  If you feel your use meets Fair Use, it is always a good idea to retain the documentation that led you to your decision, as this shows you made a decision in "good faith."

Outline of Fair Use -- https://copyright.columbia.edu/basics/fair-use.html

Fair Use Checklist -- https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html

Fair Use Evaluator -- http://librarycopyright.net/resources/fairuse/

Specifically interested in using a film for class?  Fair Use still applies in your consideration, but section 110 of copyright law also stipulates some differences for the use of dramatic films, depending on the setting.  In face-to-face teaching the use is generally allowed (if it is for instructional purposes), while for distance education, only a reasonable and limited portion may be used.  There is no such distinction for nondramatic works.  A great step-by-step interactive guide for making a determination about the proper use of films, audio, and images can be found here.

Steps for a Copyright Decision -- #4: Do I need to seek permission?

Finally, if you determine that your use of copyrighted material does not favor Fair Use, you will need to seek permission to use that material.  Sections 9 & 10 of the Asbury University Copyright Guide address this process in more detail, but in short, the two main steps would be to contact the copyright holder directly or to use a licensing agency, like the Copyright Clearance Center, which is used for most scholarly print materials.  While using an agency may save some time, it will also likely involve some cost.  Here is a link to some more information on the permissions process, including some model letters for requesting permission.

Steps for a Copyright Decision -- Additional Resources

Here are some additional documents and links to help with understanding how copyright law impacts higher education: