The copyright law of the United States (Title 17, United States Code) protects intellectual property and governs the use of copyrighted materials. Copyright owners control reproduction, distribution, preparation of derivative works, and public performances and displays. A work is automatically copyrighted if it is original and fixed in some medium.
Section 107 of the Copyright Act provides exemptions to the rights of copyright holders. These "Fair Use" provisions permit copying of material for classroom use under certain conditions.
Faculty and students at the University of Cincinnati regularly use copyrighted materials in a variety of ways such as:
• in-class use
• material put on library reserve
• material in a Blackboard class
• individual course Web sites
• individual or project Web sites
• distance learning material.
Determining what is copyrighted is the first step. It is entirely appropriate to use materials that are in the public domain or no longer under copyright. Lolly Gasaway's chart provides guidance in determining whether an item is under copyright.
Linking to online material may also be appropriate without concern of copyright because UC and OhioLINK have secured licenses for access to over 35,000 journal titles for UC ID holders. Such material includes articles in the online journals at OhioLINK's Electronic Journal Center (EJC). Other online resources can be identified through the Full Text Journals page on the University Libraries Web site. On the Full Text Journals page one can search for a journal title to determine whether its articles are online at UC.
Creating stable URLs (aka persistent links) for articles can be problematic with some online services. OhioLINK provides information on its Web site called Bookmarking an E-Journal Article. Further help can be found at Instructions for Stable URLs or by asking an E-Reserves contact person . If a persistent link cannot be created easily, or is prohibited by the vendor, readers can be provided a full reference and instructions to find the article.
Fair Use provisions should be applied to material that is copyrighted or inaccessible online as described above. Fair Use considers four factors related to the proposed use of copyrighted material:
The Fair Use Checklist may be used to decide whether Fair Use applies. After applying the checklist, the preponderance of checks should lean toward fair use. Repeated or long-term use of the same material from quarter to quarter (under Effect) generally requires copyright permission.
• Exams and homework solutions
• Lecture notes
• Student papers (with permission from student)
• Government publications
• One article from a journal issue (spontaneous use and NOT core material)
• One chapter from a book (spontaneous use and NOT core material)
• Material available online through a Web link.
Generally, copyright permission IS needed for:
• An article from a journal needed for more than one quarter or course sequence
• Multiple articles from one journal issue
• One chapter of a book needed for more than a quarter or course sequence
• Multiple chapters of a book
• A copyrighted, out-of-print book.
Course Reserves and Copyright
Paper and electronic reserves (E-Reserves) are offered by University Libraries (UL). E-Reserves allows students to access course-related material from any networked computer 24/7.
When library staff receive a request to put material on reserve, they will seek to obtain and will pay for any necessary copyright permissions through the Copyright Clearance Center (CCC).
The following help can be found under "Permission" on the Copyright and Reserves Web site:
• tips to identify the copyright owner,
• a sample request letter to the copyright owner, and
• a permission form to accompany the request letter describing the material for which permission is sought.
Blackboard and E-Reserves complement one another. An E-Reserves button appears automatically on every Blackboard 6 course. When students click on this button, they are linked directly to course materials placed on E-Reserves.
Individual Web Sites
Blackboard and other Web sites not under the purview of the library should still comply with the Copyright Law and Fair Use. This applies to faculty, personal, departmental, and student Web sites. The individual placing copyrighted material on the Web site is responsible for compliance.
Distance Learning
The TEACH Act addresses copyright issues in distance education. Though it expands the types of works and locations allowed in distance learning transmissions, it is still limiting in the use of copyrighted works. Applying the Fair Use law is appropriate in distance learning situations. Further information is available at the ALA (American Library Association) Teach Act Web site.
Off-campus Access
Off-campus students and faculty who are not using UC services for connecting to the Internet may use the Off Campus Access Login feature on the University Libraries Web site.
Further Reading on Copyright
The material above is not intended as a primer on copyright law. It was derived from the Copyright Law itself, from guidelines from IUPUI (Indiana University-Purdue University Indianapolis), and from workshops on copyright. The links below provide further suggested reading.
University Libraries' Reserves Homepage
UC's Intellectual Property Office
U.S. Copyright Office , the official U.S. Web site
University of Texas Crash Course on Copyright
Copyright Basics and applying Fair Use, Northwestern University
