What Can I Use in My Online Course?

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?]]

End

[[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?]]

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[[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.]]

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[[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.]]

End

[[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]]

End

Enghagan, 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