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Educators' Rights | Ownership of Course Materials | Fair Use Guidelines in the Classroom | More Guidelines on Fair Use in the Classroom | On Helping Students Avoid Plagiarism

Educators' Rights

under Technology Education and Copyright Harmonization Act (TEACH)

North Carolina State University. "The TEACH Toolkit." Several pages. a. The TEACH Act and Fair Use

TEACH Act Glossary

TEACH Act in Context: Exemptions in copyright law allow teachers and faculty to use copyrighted works in the "digital classroom" without prior permission from the copyright holder. www.ala.org/washoff/teach.html

NACUA Notes (1/13/2003) TEACH Act : Online scourses and intended use under TEACH ACT, fair use under the Copyright Act.

CONFU (1996) Conference on Fair Use and

Expanded TEACH Checklist: For the Institution and its Users Wherever this is, we should find it. Yes/No answers to whether TEACH applies to a course.

Infringement, Fair Use and the TEACH Act. ITL Conference, March 18, 2003. "Selected Copyright Statutes." 3 pages, a handout. Contains only the text of the regulations (106, 107, 110)

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Paul W. Bohn, OVCR. "UIUC Policy Concerning Ownership of Intellectual Property Created by Students as Class Work." September 10, 2001. 3 pages. Cross-link to Research (by Students). http://courses.ece.uiuc.edu/ece345/documents/property_rights_letter.pdf (PDF; requires Adobe Acrobat to view).

Terence McElwee, University Counsel. "The Faculty Guide to Copyright Law: The Good Parts." Handout gives definitions and some statutes. 3 pages.

Ownership of Course Materials

U of I, Intellectual Property Subcommittee. "Report on Courseware Development and Distribution." May 18, 1999. 8 pages

Glenda Morgan, University of Wisconsin. Faculty Ownership and Control of Digital Course Materials distancelearn.about.com/gi/dynamic/offsite.htm?site=http%3A%2F%2Fwww.uwsa.edu%2Folit%2Fttt%2Ffacown.htm Jan. 25, 2000. When integrating technology into teaching, who owns the material instructors create?

Fair Use Guidelines in the Classroom

In the 1976 Copyright Act, still in effect today, there are guidelines covering the area of making copies for students in class.

Under these guidelines, a teacher may make a single photocopy of a chapter of a book, an article from a magazine, journal or newspaper, a short story, short essay, or a short poem. The teacher may also make a copy of a picture, chart or graph from any of the aforementioned materials.

Students may make multiple copies under fair use if they are meeting the requirement of an assignment from the teacher and follow the same limitations on the number of copies and words as the teacher.

Generally speaking with respect to making multiple copies for classroom use: Your copying meets the definition of fair use if you use the minimum amount sufficient to meet your instructional objective, if the use is for one class session, and you stay within the word/copy limits:

For an article, the limit is 2,500 words.
For a longer work of prose, the limit is 1,000 words, or 10% of the work, whichever is less.
For a poem, the limit is 250 words.
For a longer poem, an excerpt of no more than 250 words may be used.
No more than one chart, diagram, cartoon or picture from a book, periodical, or newspaper.

The copying must be done at the initiative of the teacher.
The copying must be done at a time when it is unreasonable to get permission from the copyright owner.
Only one copy is made for each student.
No charge is made to the student except to recover only the cost of copying.
The copying is done for only one course.
The same item is not reproduced from term to term.

No more than...
one work is copied from a single author.
three authors are copied from a single collective work (such as an anthology).
nine instances of multiple copying occur during a single term or semester.
"Consumable works" shall not be copied, such as: workbooks or standardized tests.

You may not put copies into collective works, also known as anthologies. This violates the right of the copyright holder to make "derivative works."

If you have time to seek a publisher's reprint, or get permission, you are obligated to do so. It is only if you do not have time that it is fair use to make copies for students.

See the Section 106 of H.R. 2223 Copyright Act of 1976 guidelines. www.musiclibraryassoc.org/Copyright/guidebks.htm

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More on Fair Use Guidelines in the Classroom

Kenneth D. Crews "The MDS Decision and Fair Use for Coursepacks." March 5 1996. Assoc. Research Lib. Reviews the Federal case against Kinkos' for copying coursepacks. 6 pages.

Copyright and E-reserve This page has been established to provide resources for designers of electronic reserves services. www.mville.edu/Administration/staff/Jeff_Rosedale/

Copyright Clearance Center This website provides permissions to reproduce copyrighted content such as articles and book chapters in your journals, photocopies, coursepacks, library reserves, Web sites, emails, etc. http://www.copyright.com

Copyright Searching This site will allow one to search copyright information by selecting one of the three databases provided by the U.S. Copyright Office: 1. Book, Music, etc.; 2. Serials; Documents which contain records of registrations and ownership documents since 1978. www.loc.gov/copyright/rb.html

American Library Association Model Policy on classroom use of copyrighted videotapes and computer software www.ifla.org/documents/infopol/copyright/ala-1.txt

Guideline for educational multimedia www.adec.edu/admin/papers/fair10-17.html

Guideline for Educational uses of music This webpage contains guidelines that were developed and approved in April 1976 by the Music Publishers' Association of the United States, Inc., the National Music Publishers' Association, Inc., the Music Teachers National Association, the Music Educators National Conference, the National Association of Schools of Music, and the Ad Hoc Committee on Copyright Law Revision. www.musiclibraryassoc.org/Copyright/guidemus.htm

Guideline for off-air recording of broadcast programming for educational purpose This site provides standards for both owners and users of copyrighted television programs. www.musiclibraryassoc.org/Copyright/guiderec.htm

Reproduction of copyrighted works by educators and librarians. Basic information on some of the most important legislative provisions and other documents dealing with reproduction by librarians and educators from Copyright Office is provided within this site. www.copyright.gov/circs/circ21.pdf

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On Helping Students Avoid Plagiarism

Cut-and-Paste Plagiarism: Preventing, Detecting and Tracking Online Plagiarism by Lisa Hinchcliffe, http://alexia.lis.uiuc.edu/~janicke/plagiary.htm

Last updated: Friday, 15-Dec-2006 12:28:33 CST

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