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Copyright Guide

Fair Use is a set of guidelines that allows for the limited use of copyrighted materials without the need for obtaining permissions by the copyright holder. Fair Use is clearly defined, but different courts in the U.S. have interpreted the law differently, and a judge is ultimately the definitive decider on whether or not any use is considered fair and therefore protected. There are four factors that courts take into consideration when considering a Fair Use defense against claims of copyright infringement:

  1. Purpose and character of the use
    • Courts look at factors related to how copyrighted materials have been used. Were they used in an effort at financial gain, or were they used in the context of an academic classroom? Courts look more favorably towards academic usage, but this does not mean that all academic use of copyrighted materials will be considered fair. Additional factors continue below.
  2. Nature of the copyrighted work
    • Is the work of a creative nature, or factual? Fiction or non-fiction? The use of creative works (music, film, novels, etc.) is less likely to be deemed fair than the use of factual, more scientific works.
  3. Amount of the portion used
    • How much of the work is being used or reproduced? Using a substantially smaller portion of a work is more likely to be deemed fair. Libraries often use a 10% figure to establish compliant usage. Using one chapter from a twenty chapter book will likely be considered fair, but using one chapter from a two chapter book will be looked upon less favorably by courts.
  4. Effect of the use upon the market
    • This is an important factor in a fair use analysis. Will your usage negatively impact the copyright holder's revenue? If so, a fair use defense is unlikely to succeed in court. Providing students with scanned copies of a copyrighted textbook in order to save them money is a "textbook example" of copyright violation. 

Use these guidelines when considering your class materials. If you have any questions, librarians are available to work with you to help determine whether or not your usage is fair.

Siena authorized users of library-licensed resources must follow each platform's contractual terms of use.

If you are using library-licensed materials for a course on Canvas, a best practice is to provide permalinks or citations of the specific resource (not a PDF). This is beneficial for many reasons:

  1. Linking avoids breach of contracts with Siena vendors. Many of the vendor license contracts do not allow for electronic reuse (posting a PDF) in Canvas. For this reason, faculty should use permalinks for library-licensed materials unless the license terms are explicit that your use is permissible. 
  2. Linking avoids copyright infringement. Providing a PDF in Canvas for students to download or access directly may infringe on a rightsholder's rights built into U.S. Copyright Law.
  3. Usage statistics for that library resource will give an accurate picture of the Siena community's history of use and desire to use it in the future. This will inform the Siena Library's collection development decisions. If a resource has low usage statistics, then it might be considered for cancellation. 

Keep in mind that if you'll need to make sure the links posted in Canvas are accessible to remote students. For more information or If you need assistance linking to library-licensed resources please contact your library liaison or refer to the Persistent Linking Guide.

 

 

Section 110 of U.S copyright law (face to face teaching exemption), allows for the performance or display of video or film in a classroom where instruction takes place with enrolled students physically present and the film is related to the curricular goals of the course.

The TEACH Act (Technology, Education, and Copyright Harmonization) amendment to the Copyright Act (§ 110(2)) is specifically designed to deal with online learning/distance education. It permits the performance of a reasonable and limited portion of films streamed or embedded in an online classroom. It does not supersede the fair use doctrine of copyright law, so films that are not allowed by the TEACH Act (feature films and dramatic works) may fall under fair use.

Films in the library's subscription databases can be embedded or linked to in Canvas without violating copyright.

In-class screenings of films through a personal subscription account such as Netflix or Amazon are generally not covered under fair use. Consider the policies of the streaming service in question when deciding whether to show a film from a personal account. Some providers allow classroom viewings under specific conditions. For example, Netflix allows "one-time educational screenings" of titles that display Grant of Permission or an Educational Screenings Permission (ESP).  Librarians are available to help with questions. Librarian assistance should not be construed as legal advice.

For more information on media & streaming services at Standish please visit The Media & Streaming Services Guide.