Educational uses are highly valued by United States Copyright Law. When certain conditions are met, specific types of use are permitted in physical and distance education settings.
In this section you will learn how to use copyrighted materials for instructional purposes.
The easiest and most copyright-friendly way to use copyrighted materials in Sakai is to create persistent links to electronic books and journal articles that have been licensed by the OHSU Library. Please see our guide on Linking to Full-Text resources for a variety of techniques for creating persistent links to electronic resources held in our collections.
When uploading files to Sakai, a copyright status may be specified. The table below outlines the available status options and their use.
Sakai Copyright Status Option |
Usage |
---|---|
Material is in public domain. |
Use this when you have determined that the work you are uploading is in the public domain. See the Copyright Exemptions section of this guide for more information about the public domain and how to determine whether a work is in it. |
I hold copyright. |
Use this for works you have created yourself and for which you have not transferred copyright ownership to a publisher. |
Material is subject to fair use exception. |
Use this when you are uploading copyrighted works that you have determined fall under the fair use exemption. Use a fair use checklist to weigh the four fair use factors and document your assessment. The checklist helps establish a good faith effort to follow Copyright law; consider uploading the completed checklist alongside the uploaded work. |
I have obtained permission to use this material. |
Use this when you have obtained permission to use works from the copyright holder, which may include published works for which you are the author, as publishing agreements often involve a transfer of copyright to the publisher. See the Copyright Fundamentals section of this guide for more information on who owns copyright. |
Copyright status is not yet determined. |
Use this when the copyright status of the work is unknown. |
Use copyright below. |
Use this status to write your own copyright statement. |
To qualify for a classroom use exemption, the display or performance must:
These exemptions allow faculty to do the following for the purpose of instruction:
The TEACH Act addresses the needs of distance education and the performance or display of works in an online environment.
Activities conducted via online course management systems (such as Sakai) are covered under the TEACH Act whether they are synchronous or asynchronous. The TEACH Act contains specific guidelines regarding what requirements must be met and which materials are eligible for use. If your use does not meet these requirements, the TEACH Act cannot be cited to justify the use of copyrighted materials without permission.
TEACH Act requirements:
The TEACH Act allows:
The TEACH Act does not allow:
Content adapted from: http://www.lib.pacificu.edu/copyright-teach-act/
If your use does not meet classroom use exemptions or TEACH Act qualifications, you should conduct a fair use analysis.
When making a fair use determination, the law requires four factors be considered. Each of these factors is given equal weight:
Use a fair use checklist to weigh these factors and document your assessment.
If none of the exemptions detailed above apply to your desired use of copyrighted material, you can seek permission from the rights holder.