Copyright protects a creator’s rights to distribute and reproduce works they have created.
What is NOT covered by copyright?
Image: "Copyright" by Arthur Shlain from the Noun Project-CCBY
USU has an Academic License for the Copyright Clearance Center (CCC). Searching the CCC from the LRC’s website for the title of the journal or book you wish to use content from will tell you if the University's license grants you permission to use the resource, and under what conditions use is approved. Often, however, this license only extends to products shared with faculty, staff, and students of USU.
This page was created by USU ETI and LRC in consultation with External Affairs and OGC.
Fair use is an exception specifically incorporated into copyright law that allows one-time limited use of copyrighted material for specific purposes. If you are planning to use something more than once (either in two different presentations, or one presentation for two different events), you need to get permission from the copyright holder.
When determining whether a person's use of copyrighted material falls under the Fair Use exception, courts consider four factors:
CAVEAT
The checklist below is provided as a tool to assist you when undertaking a fair use analysis. The four factors listed in the Copyright Statute are only guidelines for making a determination as to whether a use is fair.
There is no magic formula to the application of the four factors. It is possible that even if three of the factors would tend to favor a fair use finding, the fourth factor may be the most important one in that particular case, leading to a conclusion that the use may not be considered fair.
Usually it is safe to assume that if you plan on using the item more than once, fair use does NOT apply.
The Checklist below and this introduction are licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews (formerly of Columbia University) and Dwayne K. Buttler (University of Louisville).
Preparing for a course lecture, a conference or other public presentation? Consult the table below to determine if the following actions can be considered Fair Use in specific situations:
|
Type of Use |
Event NOT Recorded (Video or Audio) | Event Recorded (Video or Audio) | Materials Posted on: Webpage/site, LMS, etc. | Materials Shared via Handouts, Journal, Proceedings, email, etc. |
|---|---|---|---|---|
| One Time Use - In-Person Conference / Teaching | Yes | No | No | No |
| One Time Use - Virtual Conference / Teaching | Yes | No | No | No |
| Distribution of a Full-text (PDF) Journal Article/ Publication | N/A | N/A | No, unless through e-Reserve. | No |
This page represents the guidelines for most cases, but copyright law is constantly evolving. If you have questions about the guidelines presented here reach out to OGC, ETI, or the LRC librarians for guidance.
A Creative Commons (CC) license allows copyright holders to grant usage rights to the public for their content (e.g. images) for designated purposes, e.g. non-commercial use with modifications. Searching for images released under a CC license can help identify works you may be able to use. If you own the copyright on an image, you may also want to consider sharing it with the world through a CC license.
To learn more, visit the Creative Commons website
If you're using publisher-supplied teaching materials, please consult the publishers' term of use. If you have additional questions, please contact the LRC.
Copyright Law for Librarians and Educators by
Copyright law never sleeps, making it imperative to keep abreast of the latest developments. Declared "an exemplary text that seals the standards for such books" (Managing Information), this newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students, librarians, and educators alike. Readers will learn basic copyright definitions and key exceptions for education and library services; find information quickly with "key points" sidebars, legislative citations, and cross-references; get up to speed on fresh developments, such as how the recently signed Marrakesh Treaty expands access for people with disabilities and why the latest ruling in the Georgia State University case makes developing a fair use policy so important; understand the concept of fair use, with fresh interpretations of its many gray areas that will aid decision making; learn the current state of affairs regarding mass digitization, Creative Commons, classroom use and distance education, the Digital Millennium Copyright Act, and other important topics; receive guidance on setting up on a copyright service at a library, college, or university; and find many helpful checklists for navigating copyright in various situations. This straightforward, easy-to-use guide provides the tools librarians and educators need to take control of their rights and responsibilities as copyright owners and users.
Creative Commons for Educators and Librarians by
The figures are eye-opening: more than 1.6 billion works on 9 million websites are licensed under Creative Commons (CC). These materials constitute an extraordinarily rich repository for teaching, learning, sharing, and creative reuse. Knowing your way around CC will help you make the most of the Open Access (OA) and open educational resources (OER) movements. This book represents the first-ever print complement to the CC Certificate program, providing in-depth coverage of CC licenses, open practices, and the ethos of the Commons. Inside readers will find guidance on the layers and elements of CC licenses, with clear explanations on how they interact; reusing, revising, and remixing; how to acknowledge the underlying work in a remix; techniques for locating works in the public domain and communicating their value; supporting learners' access to a wide array of open knowledge resources in primary, secondary, and higher education; assessing institutional policies for open education, plus advice on revising these policies; ways to adapt existing openly licensed materials in order to keep your institution's knowledge base relevant and up to date; how to meet the open licensing requirements increasingly present in government and foundation grants and contracts; and hundreds of authoritative resources for additional learning. This book is published under a Creative Commons Attribution 4.0 International license; digital versions are available for download at Creative Commons web page Certificate Resources (CC BY).
