Introduction:
As we move deeper into the 21st Century, one of the legal inventions of the past, originally designed to offer stimulus and protection, continues to cause difficulties for educators of the present - copyright. Among the most difficult areas of law to deal with on both an individual and institutional basis, the application of copyright requirements to print and non-print items can have an immediate impact on how Tusculum instructors teach and how their students learn.
The information provided here is designed to offer assistance. It does not reflect any school policy nor should it be construed as legal advice.
Where do I start?: the basics
It is usual in academia to first go directly to the source, in this
case, a reading of the
U.S. copyright law and a review of the terms
of copyright (what is covered). If you are so inclined, you should
certainly review these basics,
as offered by the U.S. Copyright Office. That division of the Library of
Congress also offers a page of frequently
asked questions.
U.S. Copyright Law
U.S. Copyright Office Basics
of Copyright
Library of Congress Frequently Asked
Questions.
Tusculum College Resources
Copyright and Fair Use Power point from Tusculum College Instructional Support Committee Faculty/Staff Workshop on Copyright and Illegal Downloading, Greeneville Campus, January 28, 2011.
Illegal Downloading and HEOA Prezi presentation developed by B.J. Robert for the Faculty/Staff workshop on Copyright and Illegal Downloading Januar 28, 2011.
Fair Use
The usual first question asked about copyright at TC Library over the years has been: "What can I use and how can I use it?" Fortunately, our colleagues at the University of Tennessee Libraries have done a marvelous job of addressing this concern, which is technically known as "Fair Use." The law on Fair Use is also quoted at the Copyright Office site. If you have any further doubts as to what constitutes "Fair Use," it is recommended that you complete the "Fair Use Checklist," available from the Copyright Management Center at Indiana University.
In Spring of 2008 a lawsuit has been filed by 3 major academic book publishers against administrators at Georgia State University through the United States Federal District Court in Atlanta GA that argue violation of copyright law and fair use through the creation and distribution of digital course packs. Find out more here: http://www.nytimes.com/2008/04/16/technology/16school.html
Content Use on Campus: new copyright challenges for senior administrators a Copyright Clearance Center research study provides an overview and statistical report on copyright and use of digital information on U.S. college campuses.
University
of Tennessee Libraries
Copyright Office Law on Fair
Use
Indiana University
Copyright Management Center Fair Use--Borrowed
and Captured Media for Instruction
Digital Copyright Slider from the American Library Association
Copyright Clearance Center is the organization to contact if it is determined that use goes beyond that outlined in the above references.
Examples of Fair Use include as quoted from the Copyright Clearance Center "Copyright Basics":
RECOMMENDED Fair Use Guidelines and FAQs from Bridgewater State University.
http://data.memberclicks.com/site/ccumc/MMFUGuidelines.pdf
"A major focus and interest of the Consortium of
College & University Media Centers is the matter of Copyright and its context
within the profession, intellectual property issues, government regulations, and
public policy. In fact, there is a CCUMC committee, Government Regulations and
Public Policy, whose charge is to function as an educational resource for the
membership regarding regulations and policies affecting educational technology."
Additional Resources:
Whenever a procedure is as complicated as copyright, there are all sorts of legal and other advisory opinions offered upon it; in this case, the Internet has made the communication of these thoughts both simple in application and complicated through the sheer number of sites to wade through. We have found these sites helpful:
ASCAP Learn more about the copyright, licensing and distribution of all forms of artistic media from American Society of Composers, Authors, and Publishers.
RECOMMENDED Fair Use Guidelines and FAQs from Bridgewater State University.
Copyright Clearance Center Academic Resource Center Designed around user inquiries regarding copyrighted text content in various formats.
Copyright Management Center, at Indiana University, is a leader in the management of copyright issues arising in the creation of original works and in the use of existing copyrighted works for teaching, research, and service. Its director, Kenneth D. Crews, spoke before the ACA several years back leaving a very positive impression. His site provides most important insight on the role of
Copyright in Distance Education and a valuable section on the "Teach Act" of 2002 and its DE implications. This site is HIGHLY recommended for all Professional Studies instructors.
Copyright & Fair Use, from Stanford University Libraries, is quite complete and offers an entire section on current legislation, cases and issues, as well as links to additional Internet resources. The "Fair Use Copyright Reminder" by former Stanford provost Condoleezza Rice has been retained.
"Copyright, or "Copywrong" Resources is a site posted by Dr. George H. Hoemann from UTK's Department of Distance Education and Independent Study. The sheet was also the basis for a Knox County Schools development workshop in February 2002. It is loaded with a huge number of links relative to "Fair Use" and other copyright issues.
Copyright Bay a fun interactive game from Saint Francis University to assist in learning about copyright.
Copyright Crash Course, from the University of Texas, makes an interesting use of drop-down menus to provide access to easily-understood copyright discussions. If you have any questions on any of the topics reviewed, check them out at the Copyright Management Center (above).
Digital Millennium Copyright Act of 1998 An 18 page summary of the act from the U.S. Copyright Office.
Cornell Legal Information Institute gives the most detailed legal information on copyright, including links to Federal Judicial Decisions.
IPL2 offers several referred pages of links with descriptions.
Legal Sources for Online Content provided by Educause.
Los Angeles Unified School District Copyright Policy is very specific on matters of "fair use".
Music United has recent links to articles from university publications, online newspapers and open access periodicals.
"Questions and answers on copyright for the campus community" from the National Association of College Stores as recommended by Cliff Hoy, Manager of the TC Bookstore.
Respect Copyrights from the Motion Picture Association of America address the illegal downloading and distribution of movies and television programs.
TEACH Toolkit Helpful information about the TEACH Act and the exemptions for educators who use digital technologies to share copyrighted digital information, graphics and performances in online courses.
10 Big Myths About Copyright Explained, by web magazine editor Brad Templeton, is according to its author "an attempt to answer common myths about copyright seen on the net..." An interesting presentation to say the least.
Several of our subscription databases provide full-text articles or other resources on copyright. We particularly call to your attention:
ERIC, Access to education documents and journal abstracts dealing with copyright. See also ProQuest Education Journals, below.
Infotrac from Gale Cengage Learning provide
full-text articles. Sample Articles: Thompson, Kate
A. "Copyright
101.(about intellectual property or copyright law)." Learning & Leading
with Technology 32.7 (April 2005): 10(3). Expanded Academic ASAP. Thomson
Gale. Tusculum College. 23 Oct. 2006.
"Copyright resources." Learning & Leading with Technology 32.7 (April
2005): 22(2). Expanded
Academic ASAP. Thomson Gale. Tusculum College. 23 Oct. 2006
Dempsey, Joseph. (April 2004)
WebWatch: Copyright and Plagiarism. Phi Delta Kappan, 85
(8),630. Retrieved July 7, 2004, from Infotrac Web Expanded Academic ASAP.
A115050230
Additional Databases
JSTOR contains
full text archival journal articles from a variety of scholarly publications.
Lexis Nexis Academic Universe allows its users to check legal journals for information on copyright, including judicial decisions and pending cases.
ProQuest Education Journals can be searched for helpful full-text lists of articles about copyright of interest to educators.
James G. Neal's "Copyright is Dead ... Long Live Copyright" in the December 2002 issue of American Libraries is an important review of new regulatory attacks on information users' traditional rights. A valuable read.
Also available are several books in the TC Library Collection as well as several electronic books available through the library ebook collections. You may also check the Library Online Catalog for information on accessing these resources.
This page last updated
February 21, 2011