1. Is the work copyrighted?
[[It's my student's work.]]
[[Don't know?]]
[[It's my work.]]
[[Yes]]
[[Students retain copyright to their academic work unless they have assigned copyright to someone else via institutional policy. Seek student permission to use (Simpson, 2005).]]
[[If you created the work as part of a work-for-hire contract or institutional grant or transfer rights to someone else, then abide by terms of the contract.]]
[[I didn't create the work as part of a work-for-hire contract, institutional grant or transfer rights to someone else.]]
[[Expect most works faculty use to be copyrighted unless noted otherwise (Hoon, 2013). ]]
[[2. Can you link to the copyrighted work?]]EndEndEnd
[[You are the copyright holder to use the work accordingly (Enghagan,2005).]]End
[[3. Do you have a license to use online?]]
[[Yes, I have a license terms of use]]
[[Yes, I have a Creative Commons license.]]
[[No license to use online.]]
[[Yes, add the URL and cite in your preferred format. URL is just an address so permission is not needed.]]
[[No]]End
[[Abide by the Creative Commons license terms of use. Consult with your campus copyright expert when in doubt.]]
[[Abide by the license terms of use. License supercedes copyright law. Consult with your campus copyright expert when in doubt.]]End
[[4. Does your institution abide by TEACH Act?]]End
[[No my institution does not abide by TEACH Act.]]
[[Yes my institution abides by TEACH Act.]]
[[I don't know if my institution abides by TEACH Act.]]
[[There are 2 options: 1)Seek permission to use from the copyright holder, or 2) consider the four use factor checklist for citing fair use of a copyrighted work in a course. Be sure to document your reasoning for fair use in your coruse dossier. https://librarycopyright.net/resources/fairuse/index.php]]
[[5. Refer to your institution's TEACH Act requirements checklist (Hoon, 2013, "Expanded").]]
[[Contact your campus copyright expert. If unsure who your campus copyright expert is, contact your campus librarian.]]EndEnd
[[Are you an accredited non-profit educational institution or governmental body?]]
[[Yes, I do work for an accredited educational institution or government body.]]
[[No, I do not work for an accredited educational institution or government body.]]
[[Do you have an institutional policy addressing the use of copyrighted works and promotes compliance with U.S. copyright law?]]
[[There are 3 options: a) consider linking and adding a citation; b) seek permission to use; or c) use the fair use evalautor. https://librarycopyright.net/resources/fairuse/index.php]]End
[[Yes I do have an institutional policy in compliance with U.S. copyright law.]]
[[No I do not believe we have an institutional policy in compliance with U.S. copyright law.]]
[[Do you provide educational resources to your campus that accurately describe copyright rights and responsibilities?]]
[[It's recommended your institution develop a policy for using copyright material. Check with your campus copyright expert for clarification.]]End
[[Yes I do provide educational resources.]]
[[No, I do not provide educational resources.]]
[[Is the work a digital, educational work (e.g., work produced or marketed primarily for "performance/display" as part of a "mediated, instructional" activities transmitted via digital networks?]]
[[If the work you plan to use has no license or conditions for use, you have four options: 1) link to the work and cite source; 2)propose use within a specific copyright exception in the copyright act; 3)verify fair use applicable; and 4) seek permission to use.
[[Yes the work is a digital, educational work.]]
[[No the work is not a digital, educational work.]]
[[There are 3 options: 1) Consider linking and citing the source; 2)seek permission to use; or 3) consider fair use applicability https://librarycopyright.net/resources/fairuse/index.php]]
[[Is the work lawfully made and acquired?]]End
[[Yes the work is lawfully made or acquired.]]
[[No the work is not lawfully made or acquired.]]
[[I don't know if the work is lawfully made or acquired.]]
[[Is the work integral part of class; part of "systematic, mediated instruction;" or directly related to material assisting teaching content?]]
[[Do not use an illegal or pirated work.]]
[[Would a reasonable evaluation indicate the original of the work is questionable? If yes, then do not use the work.]]EndEnd
[[Yes the work is an integral part of class.]]
[[No the work is not an integral part of class.]]
[[Do you plan to perform "nondramatic" literary or musical work in reasonable portion comparable to the face-to-face classroom?]]
[[There are 3 options: 1) consider linking and citing source; 2) seek permission to use; or 3) determine fair use applicability via https://librarycopyright.net/resources/fairuse/index.php]]End
[[Yes I plan performance comparable to face-to-face classroom.]]
[[No I do not plan performance comparable to face-to-face classroom.]]
[[Is transmission of the work limited to enrolled students?]]
[[You have 3 options: 1) consider linking and citing source; 2) seek permission to use; or 3) determine fair use applicability via https://librarycopyright.net/resources/fairuse/index.php]]End
[[Yes transmission is limited to enrolled students.]]
[[No transmission is not limited to enrolled students.]]
[[Have you implemented reasonable measures to prevent retention of work for longer than the class session or further dissemination in accessible form by the recipients?]]
[[Options to consider include: a) linking and cite the source; 2) seek permission to use; or c) determine fair use applicability via https://librarycopyright.net/resources/fairuse/index.php]]End
[[Yes reasonable measures have been taken.]]
[[No reasonable measures have not been taken.]]
[[Is there a digital version of the work available and technologically protected to prevent TEACH uses?]]
[[You might choose to: a) link and cite the source; 2) seek permission to use; or c) determine fair use applicability via https://librarycopyright.net/resources/fairuse/index.php]]End
[[Yes there are digital versions technologically protected.]]
[[No there are not digital versions technologically protected.]]
[[Is there a notice accompanying the work notifying students that the work maybe protected by copyright?"]]
[[If digital version not available, then conversion of analog to digital permitted. Conversion of analog to digital permitted but cannot circumvent digital protection measures.]]End
[[Yes, then proceed to use the work.]]
[[No, so add a copyright notice.]]
[[References]]EndEnghagan, L. (2005). Copyright compliance made simple: Six rules for course design. Retrieved from, https://www.mccc.edu/pdf/copyright_compliance_final.pdf
Louisiana State University Libraries. (n.d.). What can I use? Retrieved from, https://www.lib.lsu.edu/content/what-can-i-use
Louisiana State University Libraries. (n.d.). Analyze a copyright use question in five steps. Retrieved from, https://www.lib.lsu.edu/services/copyright/teaching/5steps
Simpson, C. (2005). Copyright for schools: A practical guide. Columbus, OH: LinWorth Books