Wabash College: Copyright

FAQs

~ F(requently) A(sked) Q(uestion)S ~

(For additional information refer to the copyright compliance guidelinesand Rules of Thumb.)

Use the “find” function to locate keywords in the listing.

1.	Is it permissible to post PDFs of copyrighted material online? IF: by “post” you mean to make it available via Moodle or another online system that restricts access to the enrolled students of a specific course and prohibits copying or distributing content for non-educational purposes, and the material is owned by the Library or College, and the amount of material posted is within fair use provisions of copyright law OR you obtain the permission of the copyright owner. THEN: Yes.
2.	Is it necessary to include attribution when using copyrighted material from an online source? Attribution is always needed regardless of the format or source.
3.	If the fair use provisions do not permit posting of a copyrighted work online, and I am unable to obtain the permission of the copyright owner, how can I make the work available to my students? Use it in class. Place the work in the Library Reserve Collection. Require your students to purchase the work.
4.	Is it fair use to post a link to a single article in a library database? Yes.
5.	Is it fair use to post a PDF of a single article: From a journal that is held by the library in either print or electronic holdings? From a journal that is not held by the library in either print or electronic holdings but is owned/subscribed to/purchased by the professor or his/her department? From a journal that is not held by the library in either print or electronic holdings, but was obtained through interlibrary loan? Yes.
6.	Is it fair use to post multiple articles from one academic journal (but not the same issue or volume of the journal) when the journal is not held by the library in either print or electronic holdings, but are obtained through interlibrary loan? Yes.
7.	Is it fair use to post multiple articles from one academic journal (but not the same issue or volume of the journal) when the journal is held by the library in either print or electronic holdings? Yes, if the articles pertain to the same subject matter.
8.	Is it fair use to post a PDF copy of a chapter from a book that is owned by the library? Yes.
9.	Is it permissible to post a PDF copy of a chapter from a book that is owned by the professor (but not the library)? Yes, but it is best to use material owned or licensed by the College or Library.
10.	Is it permissible to post a PDF copy of a chapter from a book that is not owned by either the library or the professor but was obtained through interlibrary loan? Yes.
11.	How much of a book can be posted in PDF files, if it is: Owned by the library; Owned by the professor; or Obtained through interlibrary loan? In any of these cases, Fair Use permits posting of a single chapter.
12.	The Library has a video of a documentary that I would like to show in my class, but I prefer to use DVD. Can I convert the video to DVD? No. Request the Library to purchase a copy in DVD format or request a copy in that format from the copyright owner.
13.	My classroom doesn’t have a VCR, and a documentary that I want to show isn’t available in DVD format. Can I convert the video to DVD? No. Ask for loan of a VCR, screen the documentary in a classroom that has a VCR, or place the video in the Library Reserve Collection for use in a library viewing room.
14.	Is it fair use to post a link to copyrighted material on a web site? It’s best to post the link to the homepage of the web site, and then provide instructions to access the material from that level.
15.	Is it fair use to borrow a movie from the Library and screen it for a student club or organization (or any group other than a particular class)? No. To do this you will need to acquire public performance rights (PPR). Fair use provisions apply only when the screening is limited to the enrolled students of a specific course in the classroom or other College space used for instruction.
16.	If I use a video or DVD from the Library may I stream the entire work on Moodle? No. Permission of the copyright owner is required before converting the entire content of a copyrighted item into a streaming medium.
17.	How much of copyrighted work am I allowed to copy under the “fair use” provisions of copyright law? Less is best. The more content used, the greater the likelihood that your use will not be protected by “fair use” provisions. Best practices offer the following as “fair” amounts of several types of content: • Audiovisual content Instruction: Only the portion required to accomplish a specific educational goal, which may sometimes include small or short works in their entirety. Multimedia production: Up to 10%, but in no event more than 30 seconds of an individual musical work and up to 10% or 3 minutes of a visual work. • Data sets: Up to 10% or 2500 fields or cell entries. • Graphics: A single cartoon, chart, diagram, drawing, graph or illustration. • Music (sheet): No more than 10% of the whole work. • Photographs: No more than 15 photographs or 10% of a collection, whichever is less. • Poetry: A single poem of not more than 250 words or an excerpt of not more than 250 words. • Prose: Whichever of the following options represents the least amount of content: o A single chapter. o A single essay or story of no more than 2,500 words. o An excerpt of no more than 2,500 words. o 10% of a single work. o A single article in a journal issue.

18.	Is it fair use if the same copyrighted material is made available the students of a course I teach every semester? No. The same material may not be used over consecutive semesters without permission of the copyright owner.
19.	May I invite other students and faculty to view a video or DVD I’m screening in one of my classes? Only if you acquire public performance rights (PPR) for that screening.
20.	Is it fair use to link to media clips found on YouTube or other such sites? That depends on whether or not the clips were legally posted on YouTube. Given *YouTube’s* terms of use, the legality of the copy provided may be in question. However, linking to material on YouTube is preferable to embedding a link in your teaching material and including some sort of comment about the purpose of your use is recommended. Whenever possible use a link from an authorized site of copyright owner.
21.	Is it permissible to record a television broadcast and show a portion of it in class or to post it on Moodle? The broadcast is copyrighted and an authorized copy is probably available by the network airing the broadcast or some other entity. Obtain permission for use from the copyright owner if you intend to use more than a small amount (Up to 10% or 3 minutes, whichever is less).
22.	I have personal digital photographs of artwork from various galleries and museums. May I use these in my class or on Moodle? Yes. It is unlikely that the use of personal photographs will affect the commercial photography industry or market.
23.	I want to use student papers submitted in my course last semester as examples in the same course next semester. May I post these on Moodle? The papers are protected by copyright. You will need the students’ permission.
24.	Is it fair use to scan excerpts from academic journals, textbooks, and other sources to make them available to my students on Moodle. Yes, as long as fair use limitations for each type of publication are observed. If the intent is to create a digital coursepack, anthology or compilation the permission of the copyright owner(s) is required.

For information about what material is protected by copyright and "fair use" provisions of copyright law, please refer to the Selected Tools listing. For additional assistance, please contact John Lamborn.