An overview of some key legislation and concerns for educators wishing to share resources with students in an online environment. Disclaimor: not legal advice. Minor edits made May 14, 2012

1. Chris Bulock
Electronic Resources Librarian
cbulock@siue.edu
x2422

2. Analog resource Library online
resources (database,
Physical media ebook, image)
Some Department or
online/electronic personal online
resources resources

3.  Chasing technology
 1976: US Copyright Act revised, CONTU
◦ Photocopying, computer programs
 1998: DMCA
◦ Internet, software
 2002: TEACH Act
◦ Online distance education

4.  Is it in the public domain?
◦ Before 1923: yes
◦ http://copyright.cornell.edu/resources/publicdomain.cf
m for other dates
 Is it fair use?
◦ Purpose of use
◦ Nature of work
◦ Amount and substantiality of portion used
◦ Effect of use upon potential market or value
◦ http://copyright.columbia.edu/copyright/fair-use/fair-
use-checklist/
 ARL Guidelines
http://www.arl.org/pp/ppcopyright/codefairuse/
code/index.shtml

5.  Circumvention of DRM prohibited
◦ Exemptions decided by Library of Congress
 Short portions of Scrambled DVDs: Educational uses of
films
 Copyright Office commissioned to study
distance education.

6.  Explicitly Permitted:
◦ Nondramatic literary/musical works
◦ Other works in reasonable and limited portions
◦ Displays of any work in amount comparable to that
which is typically displayed in live classroom.
 Explicitly Excluded:
◦ Works marketed for online learning
◦ Known illegal copies
◦ Works meant to be used outside class (textbooks)
 Mediated activities
◦ Instructor supervision and planning

7.  Analog works can’t be converted to digital
except when:
◦ Limited amount (consistent with limits on
performance and display mentioned earlier)
◦ AND
 Digital version not available to the institution
 OR
 Available digital version has DRM or format that
prevents use in distance education

8.  Ownership vs. License
◦ First sale & copyright vs. license agreement
 Fair use and educational use
◦ Only if included in agreement
 Library and Legal secure best rights possible
◦ When in doubt, link.

9.  Code of Best Practices in Fair Use for Academic and Research Libraries
http://www.arl.org/pp/ppcopyright/codefairuse/code/index.shtml
 Copyright Term and the Public Domain in the United States
http://copyright.cornell.edu/resources/publicdomain.cfm
 Copyright Timeline: A History of Copyright in the United States
http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtml#20C
 Distance Education and the TEACH Act
http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_A
ct&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939
 DMCA: The Digital Millennium Copyright Act
http://www.ala.org/ala/issuesadvocacy/copyright/dmca/index.cfm
 Fair Use Checklist
http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/
 Statement of the Librarian of Congress Relating to Section 1201 Rulemaking.
http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-
Statement.html
 What Is Fair Use?
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html