Please note: This guide to copyright law is intended for informational purposes only, and does not constitute legal advice. None of the library faculty are licensed attorneys. If you need legal advice for a college-related issue, it is best to contact the VCCS legal counsel.
If it's on the internet, it's free to use.
The easy accessibility of materials on the internet leads people to assume that whatever they find is free to use. That's not how it works, however. These materials are covered by copyright protection. Unless something specifically indicates that you may use it freely, or freely in specific circumstances (see Creative Commons), assume that permission is required. A fair amount of material available online may also be in the Public Domain, but don't assume something is; check it out.
As an educator, everything I want to do for my students is covered under fair use.
This is not true. The fair use exemption (for educational uses or otherwise) is a case-by-case determination. There are multiple factors that go into determining whether a work meets this exception. See the Fair Use box to the right more complete information. Education does have its own carved out exceptions.
As long as I cite my source, I don't need to worry about copyright.
Citing your sources is extremely important and is a critical part of demonstrating that you haven't plagiarized, but it doesn't exempt you from copyright law violations. Fair use limitations still determine whether your use is permissible.
If something doesn't have a copyright symbol (©), it's not protected by copyright law and is free to use.
The absence of a copyright symbol or statement doesn't mean a work isn't protected under the law. Any work created after 1989 is automatically protected from the moment of creation.
As an instructor, if I use something in my face-to-face class, I can use it in my online class.
Unfortunately face-to-face classes and online classes are treated completely differently under copyright law. Especially in cases of digital content, different rules apply.
I can use former students' work for examples because it was created while the student was enrolled.
Students own the copyright to work they create for a class from the moment of creation. If you want to use a former student's work, get and retain explicit permission in writing.
If I want to show a movie or television show to students, it's covered because it's educational.
Maybe. Doing so requires meeting specific guidelines, and these differ depending upon whether a use is for a face-to-face or online class. If the use is outside of a specific class context, you will need a public performance license. See Public Performance tab for more explicit information.
Danville Community College is committed to promoting an environment of respect for and responsible use of the intellectual property of others. It is the intent of DCC that all members of the College community adhere to the provisions of the United States Copyright Law.
The Fair Use Doctrine provides for limited use of copyrighted materials for educational and research purposes without permission from the owners. It is not a blanket exemption. Instead, each proposed use must be analyzed under a four-part test.
"Limitations on exclusive rights: Fair use" (Section 107) offers a set of factors to consider when using copyrighted work for teaching or research. Specifically, the factors include:
As creators and users of copyrighted materials, it is important that educators understand and responsibly exercise the rights accorded to them under the copyright law, the doctrine of “fair use," and TEACH Act. The information presented in the DCC Copyright Primer is intended to provide the faculty, staff, and students of DCC with a general understanding of the principles of copyright law.
The information on this site is not intended as legal advice but rather as a general guide to copyright in an academic setting.
Take a little Copyright Tutorial: https://reference.highline.edu/copyright/
3020.17.3 Intellectual Properties Policy (from DCC Policy Manual)
Danville Community College adheres to the policies of the Virginia Community College System (VCCS) relative to intellectual property, copyright issues, and revenue derived from the creation of intellectual property. The VCCS policy determines ownership rights and responsibilities regarding intellectual property produced by a student and/or an employee of the VCCS. The policy is found in the VCCS Policy Manual Section 12.
http://go.boarddocs.com/va/vccs/Board.nsf/goto?open&id=9P3PZG65FAB7
The Vice President of Academic and Student Services and the Vice President of Financial and Administrative Services are the two individuals who are responsible for administering the intellectual property policies for Danville Community College. Any questions or issues arising in the academic and student support services program area are the responsibility of the Vice President of Academic and Student Services. Questions in any other area of the college (e.g., Information Technology) fall under the Vice President of Financial and Administrative Services and are addressed by that officer. Should a faculty member, staff Series 3000: Personnel Policies 36 DCC Policy Manual member or student question the decision of either one of these administrative officers, a campus committee, comprised of the two vice presidents and a faculty member selected by the Faculty Steering Committee, will hear the question concerning the administration of the intellectual property policy. Should there be an appeal beyond the three-member committee, the college President will refer the issue to the Attorney General’s office, specifically the Assistant Attorney General who advises the Virginia Community College System.
Here are some additional documents and links to help with understanding how copyright law impacts higher education:
Copyright law can seem overwhelming and difficult to navigate, but in your role as a teaching faculty member, there are some basic steps you can follow when considering the use of copyrighted materials in your class:
First, keep in mind that many works do not have copyright restrictions, either because they are part of the public domain (works published before 1923, or works published by the government) or the copyright holder has intentionally waived some or all of those rights (perhaps using a Creative Commons license).
Second, if the work is protected by copyright, does the Library already own or license the content I need? The library has paid for online access to over 165,000 e-books, 37,000 periodicals, 23,000 films, and many audio books. There's a pretty good chance that we already have what you need, and all you need to do is provide a link for your students to click, with no copyright infringement. For instructions on how to link, click on the "Linking to E-Resources" tab in this guide.
Third, if the Library doesn't have the content I need, can I use it under "Fair Use"? Fair Use is a great provision to allow the use of copyrighted materials in an educational setting, but you must keep in mind that there are four factors to consider, and educational use is just addressing one of the four factors, the purpose of the use. Other factors include the nature of the use, the amount of the use, and the market effect of the use. A detailed checklist is provided below, and makes an excellent tool for your consideration if your anticipated use qualifies as Fair Use. The more factors that weigh in your favor, the more defensible your position. If you feel your use meets Fair Use, it is always a good idea to retain the documentation that led you to your decision, as this shows you made a decision in "good faith."
Specifically interested in using a film for class? Fair Use still applies in your consideration, but section 110 of copyright law also stipulates some differences for the use of dramatic films, depending on the setting. In face-to-face teaching the use is generally allowed (if it is for instructional purposes), while for distance education, only a reasonable and limited portion may be used. There is no such distinction for nondramatic works. A great step-by-step interactive guide for making a determination about the proper use of films, audio, and images can be found here.
Finally, if you determine that your use of copyrighted material does not favor Fair Use, you will need to seek permission to use that material. In short, the two main steps would be to contact the copyright holder directly or to use a licensing agency, like the Copyright Clearance Center, which is used for most scholarly print materials. While using an agency may save some time, it will also likely involve some cost. Here is a link to some more information on the permissions process, including some model letters for requesting permission.
Because copyright is such a complicated, legal subject, it's important to know reliable sources of information. The following sources were especially valuable in creating these pages and should be considered go-to guides for more in-depth information.