What is copyright?
“A legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used." Stephen Fishman, Esq. The Copyright Handbook, 1996.
“Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.” U.S. Copyright Office, 2006.
Information About Copyright
Course Management System- Guidelines and Best Practices for Copyright Compliance
Copyright Compliance for Teachers
Learning Management Systems Copyright Guidelines
The following guidelines apply to the posting of materials through a course management system:
- All electronic course management system materials will only be for the non-commercial, educational use by University of San Diego students enrolled in the particular course for which the materials are posted.
- Passwords, ID numbers, or other appropriate means will be used to limit access to copyrighted content on the learning management system to students enrolled in the course or other individuals requiring access to the course materials for purposes of conducting the course. The availability of such content to students should terminate when the students have completed the course.
- No one should post course content consisting of copyrighted works or portions of such works in electronic form without first either:
------ obtaining the permission of the copyright owner or
------ concluding, after reasonable inquiry, that the use qualifies as a fair use or other exempt or licensed use for which permission is not required.
- Before posting course content consisting of copyrighted works or portions of such works in electronic form, the instructor should consult with library staff or the department’s librarian liaison to determine whether the University has a current license for access to digital versions of the copyrighted material. If it does, the citation and link to the electronic version of the material will be added to the course page to provide direct access to the requested material.
- It is preferable to link to copyrighted materials already legally available at another site rather than scanning or making a digital copy.
- Course materials owned by the instructor, such as syllabi, lecture notes, or exams, may be copied and distributed electronically to students enrolled in the course through a course management system.
- The electronic distribution of consumable copyrighted works, such as workbooks, exercises, standardized tests, test booklets and answer sheets, requires permission from the copyright owner.
- Copies of copyrighted works, regardless of their format, should include proper attribution and copyright notices.
- Generally, electronic course content may be included in a course management system without obtaining permission as long as it is the first time the material is utilized by the instructor for the course, and the request does not exceed these guidelines:
------ One chapter (or equivalent) from a book
------ One journal or newspaper article (or equivalent)
------ An excerpt from a prose work that does not exceed more than 10% of the work
------ One chart, graph, diagram, drawing, cartoon or picture per book or per journal issue
Additional or continued use also may constitute fair use, but each situation must be evaluated on a case-by-case basis to determine whether fair use applies to the contemplated use.
- Fair Use
- Creative Commons