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Copyright : Copyright in the Classroom

Introduction

Most texts, videos, music, and images used in the classroom all will have copyright implications. However, Fair Use, the TEACH Act, and licensing provides ample opportunity to legally incorporate copyrighted material into the classroom. 

3 Questions

There are three questions that should be considered prior to making copyrighted material available online via a CMS/LMS or course reserves system:

  1. Is the material copyrighted?
  2. Is the material subject to a license, agreement, or other terms of use?
  3. Does your proposed use of the copyrighted work qualify as fair use or fall under some other exception?

Copyright by Medium

Course reading: If you are assigning a published published book, the library will purchase a print copy of the book and, if possible, an ebook copy as well. If you are assigning sections of a book, go here for more information: https://library.meadville.edu/faculty/reserves

Using texts in a physical classroom: A text can be shown (such as projected on a screen) in the physical classroom as long it is part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view it, and the copy faculty is using has been legally acquired. Faculty can also request the library to purchase books that can be shared in the class during the lesson. 
Using texts in a digital classroom: The TEACH Act allows for a text to be displayed to students in an online classroom if it is part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view it, and the copy faculty are using has been legally acquired. Unless the text is on course reserves, the instructed created the text themselves (and did not violate any copyright in doing so), have explicit permission from the copyright holder, or the text is in the public domain, do not upload any text to a CMS/LMS.

Course reading: If you are assigning a published and wide-release film, TV program, or documentary, the library can purchase a Blu-Ray and/or DVD for students to check out. The library recommends that the assigned video recording can be easily streamed or rented digitally because many students may not have Blu-Ray or DVD players, and purchasing a disc is more expensive than streaming or renting. If a YouTube, Vimeo, or similar legal streaming services host the video, simply post the link in the syllabus. Unless you created the video yourself (and did not violate any copyright in the video), have explicit permission from the copyright holder, or the video is in the public domain, do not upload any videos to a CMS/LMS. Either post a citation that allows a student to find the video through a legal streaming service or post a link to a legal streaming websites (such as Youtube or Vimeo).

Showing in a physical classroom: Films, TV programs, documentaries, or other video recordings can be shown in the physical classroom as long as they are part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view them, and the copy you are using has been legally acquired. 

Streaming in a digital classroom: While Fair Use is applicable to video and the TEACH Act provides some exceptions for video, you are still fairly limited. The TEACH Act it is limited to "reasonable and limited portions." This means that you cannot stream the entirety of a film, TV program, documentary or video. We recommend, for online teaching, to treat videos as assigned readings that students watch on their own time. If communal viewing is important, the service Teleparty allows for Netflix, Hulu, Disney+ and HBO subscribers to watch a synced video at the same time while sharing a chatroom. For Teleparty to work, all students must have an active subscription to the digital service streaming the video. Unless you created the video yourself (and did not violate any copyright in the video), explicit permission from the copyright holder, or the video is in the public domain, do not upload any videos to a CMS/LMS. 

Online Video Resources: While you are free to use any videos according to the guidelines described above, the library provides a curated list of resources hereMany of these sources are in public domain or open access and thus easy to integrate into classes. 

Course reading: If musicals, operas, music videos, and music recordings are assigned, the library can purchase the DVD or CD-ROM of the recording. The library recommends that the assigned music recording can be easily and legally streamed or rented digitally because students may not have physical players, and purchasing a disc is more expensive than streaming or renting. Unless you created the audio file yourself (and did not violate any copyright in the audio file), have explicit permission from the copyright holder, or the recording is in the public domain, do not upload any recordings to a CMS/LMS. Either post a citation that allows a student to find the recording through a legal streaming service or post a link to a legal streaming website (such as Youtube or Vimeo).

Showing in a physical classroom: Musicals, operas, music videos, and music recordings can be played in the physical classroom as long as they are part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view it, and the copy you are using has been legally acquired. 

Streaming in a digital classroom: The TEACH Act allows for audio recordings to be streamed in an online classroom as long as the recording is part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view it, and the copy you are using has been legally acquired. However, dramatic music (such as musicals and operas) cannot be streamed or performed in their entirety, and only excerpts can be transmitted online. Much like for films and videos, we suggest treating dramatic musical recordings as assigned course readings that students watch on their own time. Unless you created the audio file yourself (and did not violate any copyright in the audio file), have explicit permission from the copyright holder, or the recording is in the public domain, do not upload any recordings to a CMS/LMS. Either post a citation that allows a student to find the recording through a legal streaming service or post a link to a legal stream (such as Youtube or Vimeo).

Online Music/Audio Resources: While you are free to use any music and audio recordings according to the guidelines described above, the library provides a curated list of resources hereMany of these sources are in public domain or open access and thus easy to integrate into classes. 

While copyright is similar to printed materials, printed lyrics and musical notation often have separate copyright holders. In addition, there are sometimes rights differences between the lyrics, the music, the right to perform the work, and the right to record and distribute the performance. The information below refers to the use of lyrics and musical notations in the context of a course. 

Course reading: If a hymnal or book of music is assigned, the library will purchase a copy and add it to the course reserve as a normal book. If lyrics or musical notation are uploaded to Populi, you are responsible and must follow fair use principles, including limiting yourself to only excerpts of the work. If the work is legally and freely available online, you should post the link to it and not upload it to Populi. 

Using in a physical classroom: Lyrics and musical notation can be displayed on a screen during a course and/or printed copies can be distributed in the classroom in the physical classroom as long it is part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view it, and the copy you are using has been legally acquired. Printed material must be discarded after the in-classroom use. 

Using in a digital classroom: The TEACH Act allows for lyrics and/or music to be displayed to the students in an online classroom if they are part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view them, and the copy you are using has been legally acquired. 

Online Lyrics and Music Resources: While you are free to use any material according to the policies stated above, the library provides a curated list of resources here

Course reading: If an art, gallery, or exhibition book is assigned, the library will purchase a copy and add it to the course reserves. Given the cost of these books for students, we do suggest using online exhibits and digital humanities projects in place of printed material. Unless you created the image yourself (and did not violate any copyright in doing so), have explicit permission from the copyright holder, or the recording is in the public domain, do not upload any images to a CMS/LMS. 

Displaying in a physical classroom: Images can be shown in the physical classroom as long as they are part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view them, and the copy you are using has been legally acquired. Faculty can also request the library to purchase an art, gallery, or exhibition book that can be shared in the class during the lesson. 

Displaying in a digital classroom: The TEACH Act allows for images to be displayed to the students in an online classroom if they are part of the course curriculum, mediated by the instructor, only students enrolled in the class are eligible to view them, and the copy you are using has been legally acquired. Unless you created the image yourself (and did not violate any copyright in doing so), have explicit permission from the copyright holder, or the image is in the public domain, do not upload any images to a CMS/LMS. Instead, either post a citation that allows a student to find the image online (like through a library database) or post a link to the image.

Online Image Resources: While you are free to use any image according to the policies stated above, the library provides a curated list of resources here. Many of these sources are in public domain or open access and thus easy to integrate into classes.

Copyright and Library Support for Meadville Lombard Faculty

More information about fair use and incorporating material into a course can be found in the Library Support for Faculty Teaching LibGuide.  

Contact a librarian or archivist

Our team of librarians and archivists are ready to help! If you have any questions, please reach out.

Attribution

The box "3 Questions" was adapted from the text of the Atla Copyright LibGuide (licensed under Creative Commons Attribution-NonCommercial 4.0 International License) created by Christine Fruin, Scholarly Communication and Digital Projects Manager at the American Theological Library Association.

Copyright Disclaimer

Copyright law is complicated and legal concerns should be addressed by legal counsel. All copyright guidance on this page is informational and not legal advice.

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