Concordia Library is committed to providing material ethically and in accordance with U.S. Copyright Law and the Fair Use Provision. Through this provision we are able to provide material through Reserves, E-reserves, and Interlibrary Loan (ILL.).
Know the Law and Act Accordingly
Did you know that according to U.S. Copyright Law, teachers who copy and/or distribute the same article from term to term without obtaining permission from the rights holder are breaking the law – even if this is done electronically? And did you know that this violation carries with it a penalty of up to $250,000 per incident?
Concordia faculty and staff using the created works of others should understand the basics of copyright law so they can make their own determination of how copyright law fits the intended use. Concordia St. Paul does not have a designated person or office that can provide specific and legal advice, but hopefully the information provided here can help students, faculty and staff understand and comply with copyright law, respecting the “intellectual property rights” of creators.
Classroom teaching and Copyright
The “Classroom Use Exemption” in U.S. Copyright Law (section 110 of the Copyright Law) allows for the performance or display of works (e.g. showing movies, playing music, reading a poem, acting out a drama, showing a book or artwork, etc.) in environments that:
For more detail about this, see here.
What about distributing or making copies? To the extent that this can be done (see “Making Copies” below) this is due to the doctrine of “Fair Use” (section 107 of the copyright law), which is a set of provisions set forth by United States Copyright Law.
Fair Use simply ensures that there are some kinds of uses that do not require permission or payment. It attempts to protect the rights of creators while still allowing some uses that can benefit society as a whole, e.g. it can encourage scholarship, debate, creativity and innovation.
The 4 major guidelines for determining Fair Use are the following:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work (e.g., you cannot copy workbooks at all)
- the amount and substantiality of the portion used in relation to the copyrighted work; and
- the effect of the use upon the potential market for or value of the copyrighted work.
To invoke Fair Use all four guidelines must be considered.
In general, making multiple copies of an article for your class – or putting the article up on Blackboard (see more below) – *only for one semester* constitutes fair use. Unless copyright permission is obtained for future uses, this item should not become a regular part of your class syllabus.
As a rule of thumb, if the kind of copying you want to do is not specifically prohibited by the Fair Use provisions, it is likely to be determined fair under Fair Use. Here are some examples (there are others) of other common “do nots”:
- Do not make multiple copies of a short poem, article, story, or essay from the same author more than once in a class term or make multiple copies from the same collective work or periodical issue more than three times a term.
- Do not make multiple copies of works more than nine times in the same class term.
- Do not make a copy of "consumable" materials, such as workbooks.
Where can I find more information for particular cases?
- This tool helps you determine if your particular use of media (video, music, etc.) is acceptable.
- This tool helps you use the 4 major Fair Use guidelines to determine if any particular use is likely to be deemed fair (i.e. that a court would decide this)
- For guidance on working with multimedia presentations (PowerPoint, etc.) see Guidelines for Multimedia Presentations below
- To determine if a work is in the public domain (i.e. it is not copyright-protected), this tool is helpful, or for a more detailed explanation of public domain, go here.
- For more information about requesting permission for copyright-protected works, go here.
- For more helpful detail on the Fair Use guidelines click here.
What can I place on reserve and e-reserve?
- Books or AV material owned by Concordia Library (no semester limit)
- Books or AV material owned by Concordia faculty or staff (no semester limit)
- Articles in print form or on e-reserve from journals owned by Concordia Library* (no semester limit)
- Articles in print form from journals owned by faculty or staff* (no semester limit)
- Articles on e-reserve from journals owned by faculty or staff* (one semester only)
- One poem or short story from an anthology on e-reserve (one semester only)
- Old exams and answer keys created by the professor (no semester limit)
- Student papers used as example papers (with the written permission of the student)
*Chapters and articles may not exceed 10% of the originating book or journal.
What is not allowed on reserve?
- Consumables, for example course packs and workbooks.
- Books or journals from other libraries
- Chapters or articles from books or journals owned by other libraries (i.e. not owned by Concordia library nor a Concordia faculty or staff member)
If you are unsure if the material is allowed on reserve, please email firstname.lastname@example.org, call the reference desk, or stop by and talk to a librarian.
How do I place an item on reserve?
Fill out this form online. Paper forms are still available to fill out in person at the Reference Desk. See the Course Reserves Policies and Procedures for additional information about course reserves.
When do I need permission from the copyright holder?
Instances where materials require permission include but are not limited to when:
- a copy of an article from a source not owned by the library is needed on e-reserve for longer than one semester
- a chapter from a book personally owned by faculty member but not the library is needed on e-reserve for longer than one semester
- chapters or articles that exceed 10% of the originating book or journal
- more than one poem or short story from a single anthology is needed for e-reserve
- student papers placed on reserve as examples always will need the written permission of the student
- The library will provide information on how to obtain permission, but will not process a permission request for the professor. Obtaining permission can take four to six weeks so please plan accordingly.
- Fees related to gaining permission will be paid by either the faculty member or their department.
- Once permission is granted, proof of copyright permission must be provided along with the item intended for reserve.
N.B. An individual does not necessarily own the copyright to their own works. In these circumstances, they cannot grant copyright permission of those works. Please make sure copyright permission is obtained through the proper channels. Proof of the permission will need to accompany the item to go on reserve.
What if I cannot locate the copyright holder?
This page from Columbia University offers some good suggestions of what steps to take if you cannot locate the copyright holder.
Based on the TEACH Act of 2002, everything that is permissible in a face-to-face classroom is allowed for online learning as well, provided that:
Guidelines for Multimedia Presentations
“Multimedia” refers to the many different mediums that computer and web pages can utilize simultaneously, including text, graphics, audio and video. PowerPoint presentations would be a prominent example of a multimedia presentation.
Note that there is much copyright-free media that can be located on various web-sites (see here, for example). When using such materials, cite as the author requests (if there is no request, make sure the author’s name, the item’s web address, and the Creative Commons license are noted)
Copyright-protected media are a different matter. The following is based on the Fair Use Guidelines for Educational Multimedia, which does not have the power of law, but is meant to give courts a sense of how lawmakers intend fair use to be interpreted. A more recent code of best practices has also been produced by the Center for Social Media.
When using copyright-protected materials in a multimedia presentation for a class, students and teachers:
In addition, regarding the continuing use of the presentation, students and teachers :
Watch a short video about the basics of copyright.