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Copyright and Creative Commons: A Resource Guide

This guide introduces copyright and Creative Commons for general use and for use in the Lewis University Institutional Repository.

Copyright Statement

Instructors who scan and mount their own electronic readings should include a copyright statement at the beginning of each protected document. The library uses the text below:

WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be used for any purpose other than private study, scholarship, or research. If electronic transmission of reserve materials is used for purposes in excess of what constitutes "fair use," that user may be liable for copyright infringement.

How do I link to Library Resources?

  • Find the article or e-book in the appropriate database, e-journal or Primo
  • Identify the persistent URL for the resource (n.b. this will probably not be the URL that appears in your browser's address bar).
  • For courses in Blackboard:
  • For other websites:
    • A proxy prefix should be part of the URL for all of the library's online resources.

      Without the proxy prefix, users trying to access the library's online resources from off-campus will not be recognized as part of the Lewis University community.

      yes  The proxy prefix is for the Lewis University Library is:

        http://ezproxy.lewisu.edu/login?url=

Teaching with Blackboard

For those who are using Blackboard, used by Lewis University and many other universities, there are special copyright considerations.

  • Blackboard is a for-profit company.  Therefore, in considering whether to use "fair use" for reproducing materials, you may need to make a determination more conservatively.
     
  • Even though Blackboard is a platform designed for teaching, instructors in Blacboard have to reproduce images online, similar to how one might reproduce images in a e-book.  So, it might also be helpful to review the "Publishing" section of this website as well and to follow the guidelines there when reproducing images in a Blackboard course.
     
  • For more information about copyright issues for Blackboard and other learning management systems, please review the "Blacboarrd and MOOCs" section of this guide.

Who owns copyright over my teaching materials?

  • In most circumstances, faculty members teaching a course own copyright over any material that they have created for use in their course (syllabi, powerpoints, etc.).  However, there are instances when Lewis owns the copyright in teaching materials you author, including when you use sponsored research or other third party funds (like federal funds) to create the teaching materials, or when you make use of a substantial amount of Lewis resources. 
     
  • In most circumstances, Lewis University does not own copyright over any teaching materials.  However, there are instances when Lewis owns the copyright in teaching materials you author, including when you use sponsored research or other third party funds (like federal funds) to create the teaching materials, or when you make use of a substantial amount of Lewis resources. 
     
  • If a faculty member has used copyrighted material (images, sound recordings, extensive quotation) for their teaching material, s/he must either obtain permission or only use material under "fair use" guidelines

If my lectures are recorded, who owns copyright for that video/audio recording?

  • If your department, school, or another group records your lectures, then they usually will ask your permission.
     
  • When the department, school, etc. asks your permission, you should discuss who owns the rights to the video and how the recording will be disseminated.

What About Posting Published Articles for My Courses?

  • You should never post  the entirety of a copyrighted work (articles, images, video, audio) on a public website (available to the world) without first asking permission of the copyright holder.  You may, however, be able to post an excerpt if it constitutes a fair use or is not an infringement under another exception under copyright law.

  • Under certain circumstances (see below), it may be permissible to post copyrighted material to a closed website (e.g. a course site limited only to students in the class).
     
  • When possible, you should link to licensed library resources where permissions have already been granted.  N.B. this covers linking to the resource, not copying the material (pdf, video, etc.) and then posting the file on your website or in courseware.

When Can I Post Copyrighted Materials to My Course Shell?

  • In some circumstances, it may be possible to post copyrighted materials (for a limited duration) to a closed course site (limited only to students in a certain class).
     
  • These materials should always be subject to "Fair Use" Guidelines - See Copyright Basics for more information on Fair Use.
     
  • If relying on fair use, one should never repeat use of the same copyrighted material multiple times.  In other words, use of an article for one course is likely a fair use.  However, multiple uses of the same article for a course taught every semester or every year is probably not a fair use.

An Alternative: Open Educational Resources

Open Educational Resources are an alternative to utilizing copyrighted materials in the pursuit of teaching. Open Educational Resources are teaching, research, and/or learning materials that are either in the public domain or satisfy the "5Rs":

  • Retain – others can make, own, and control new copies of the work
  • Reuse – content can be utilized and shown in a large variety of ways
  • Revise – content can be changed or modified or adapted
  • Remix – content can be created into something new through combination with other resources
  • Redistribute –  copies of the content can be freely shared with others, including any adaptations or remixes

These resources are free of charge and can be accessed by anyone and are usually licensed with a Creative Commons license that allows derivatives. This serves as an alternative to the model where students have to purchase textbooks or rely on databases that are paid by their university library. 

OER is diverse and can be many things, from a collated set of materials formed into a textbook to videos and tutorials to entire courses or degree programs. 

For more information on OER, please refer to our LibGuide.

Additional Resources for Teaching