McKendree University eForms - Copyright Compliance In Online Teaching

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This checklist is to assist you in applying McKendree University’s Copyright Compliance Policy to online teaching and Blackboard. Please submit the completed checklist before uploading copyrighted materials to your course. If you have any questions about whether or not your item is copyrighted, if educational fair use applies or how to obtain copyright permission, please consult with the library’s copyright officer, Jennifer Funk at 618-537-6515 or jafunk@mckendree.edu.

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Before uploading copyrighted materials in your online course in Blackboard, please check that you will:


Use the copyrighted material(s) directly related and of material assistance to the teaching content of the transmission.


Wherever possible, provide a link to the copyrighted material rather than embed it directly into the course.


Only upload that part of the item analogous to face-to-face classroom use.


Not use the item as “ancillary materials” that remain in the course all semester.


Take down the materials immediately after the class session or course is complete.


Determine that it is not digital content created and marketed by publishers primarily for use in courses such as textbooks, workbooks or course packs that are usually purchased by students.


Stream that portion that is directly related and of material assistance to the learning outcomes of the course.


Use a lawfully made copy of the video [for example not copied using a DVR or commercially available software that converts DVDs to digital format for sharing.]


Only stream entire copyrighted videos that have streaming rights.


If the video does not have streaming rights or the cost of the rights are prohibitive, use a fair use argument that the entire video is pedagogically necessary to meet the learning objectives of your course.


Only convert analog [VHS] to digital format if no digital version is available. [Contact library to purchase DVD if available].


Inform students that materials used in connection with the course may be subject to copyright protection and insert a notice of copyright.


Inform students that they may not download, duplicate or share copyrighted videos via the web or video-sharing software.


Provide full attribution, in a form satisfactory to scholars in the field, for each work included or excerpted.


If you are unable to comply with one or more of the items above, please consider the following fair use checklist to determine if you can invoke educational fair use instead of obtaining permission from the copyright holder.

Briefly state your fair use argument here:

FAIR USE CHECKLIST: THE FOUR FACTORS

PURPOSE AND CHARACTER OF YOUR USE

Favoring Fair Use


Teaching (including multiple copies for classroom use)

Research

Scholarship

Nonprofit educational institution

Criticism

Comment

News reporting

Transformative use

Restricted access (ex. students in class)

Parody

Opposing Fair Use

Commercial activity

Profiting from the use

Entertainment

Bad-faith behavior

Denying credit to original author

NATURE OF THE COYPRIGHTED WORK

Favoring Fair Use

Published work

Factual or nonfiction based

Important to educational objectives

Opposing Fair Use

Unpublished work


Highly creative work (art, music, plays, films, novels)

Fiction

THE AMOUNT AND SUBSTANTIALITY OF THE PORTION TAKEN

Favoring Fair Use

Small quantity


Portion used is not central or significant to entire work


Amount is appropriate for favored educational purpose

Opposing Fair Use

Large portion or whole work used


Portion used is central to work or "heart of the work"

THE EFFECT OF THE USE ON THE POTENTIAL MARKET

Favoring Fair Use


User owns lawfully acquired or purchased copy of original work

One or few copies made


No significant effect on the market or potential market for copyrighted work


No similar product marketed by the copyright holder

Lack of licensing mechanism

Opposing Fair Use

Could replace sale of copyrighted work


Significantly impairs market or potential market for copyrighted work or derivative


Reasonably available licensing mechanism for use of the copyrighted work


Affordable permission available for using work

Numerous copies made


You made it accessible on Web or in other public forum

Repeated or long term use


This checklist for fair use is based on an original document developed by the Copyright Management Center at Indiana University Purdue University Indianapolis.

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