In this guide, the term classroom is defined as a closed in-person or online environment in which the materials presented are limited to students enrolled in a course at Wesleyan College that is part of the Wesleyan College curriculum.
While there are educational activities at Wesleyan College that are not part of the college curriculum, these do not receive the same fair use protections.
If the way in which you plan to reuse copyrighted works is for a purpose that is outside of the college curriculum, please conduct a fair use analysis, consult with one of the campus copyright contacts, or visit the Outside the Classroom FAQ.
Q. May I use copyrighted images, video, or music in a presentation?
A. It depends on how the presentation will be shared.
Q. May I show a copyrighted film for instructional purposes?
A. Yes, since it is for classroom instruction and no admission fee is charged. Tuition and course fees do not constitute admission fees.
Q. May I show a film labeled "Home Use Only" to my class?
A. Yes, this is considered permissible in face-to-face teaching for instruction (but not entertainment).
Q. May I show a video labeled "Home Use Only" in a campus auditorium?
A. Yes, as long as the performance is not open to the public [or to students not enrolled in the course] and is for instructional purposes. Note, the Kanopy database offers films with public performance rights that may be streamed in classrooms and to groups on campus.
Q. May I show videos owned by Willet Library for a film series?
A. Yes, as long as the performance is not open to the public [or to students not enrolled in the course] and is for instructional purposes. Note, the Kanopy database offers films with public performance rights that may be streamed in classrooms and to groups on campus.
Q. May I copy one article from a periodical for distribution to the class?
A. Yes. Distribution of multiple copies for classroom use is fair use. However, the repeated use of a copyrighted work, from term-to-term, requires more scrutiny in a fair use evaluation. Repeated use, as well as a large class size, may weigh against fair use.
Q. May a professor scan an article and post it to a personal website or a website designed for the course but open to the public?
A. No, if access is open to the public, then this use is probably not a fair use, unless the work is in Public Domain or licensed with a Creative Commons license. No exclusively educational purpose can be guaranteed by putting the article on the web, and such conduct would arguably violate the copyright holder's right of public distribution. If access to the web page is restricted, then it is more likely to be fair use.
Q. May I make a copy or a scan of a book for students in a class that seems too expensive?
A. No. Although the use is educational, providing copies or a scan of the entire book to a group of students affects the market. This conduct clearly interferes with the marketing monopoly of the copyright owner. To make a textbook accessible for an entire class of students it is recommended that a library copy or a copy owned by the professor is placed on course reserves. Students will be able to check out the book for 2 hours at a time. If an ebook version is available in the library ebook databases then the professor may provide a link to the book in Canvas. Note: some ebooks only allow one user to view the book at a time.
Q. May I make a photocopy of a book and place it on course reserves?
A. No. This conduct still interferes with the marketing monopoly of the copyright owner. Only a copy of the textbook that is owned by the library or the professor of the course may be placed on course reserves.
If you have further questions regarding reserves, please contact Rhiannon Bruner (rbruner@wesleyancollege.edu).
Q. May a professor photocopy a work that is public domain that is printed in an anthology that is still copyright protected (example, a play by Shakespeare)?
A. Yes. The work is in the public domain and not subject to copyright protection.
Q. May I make a copy of an article from a copyrighted periodical and store it in my files to use later?
A. Yes. This is a classic example of personal fair use so long as the article is for personal use and reference.
Q. Is it okay to photocopy or scan a book that is out of print?
A. It is never appropriate to scan an out of print book and make it accessible electronically in a learning management system, a website, an online storage platform, or via email. This makes it too easy for the work to be redistributed which would impact the future market value of the work. Similarly a professor is discouraged from making photocopies to distribute to students in class.
A photocopy of an out of print work may be made for use in an ongoing research project or as a personal copy while teaching a course.
Q. May I make a copy of a copyrighted film for a colleague to show in their classroom at the same time.
A. No, the professor may lend a personal copy of a film to a colleague to show in-class but they may not provide the colleague with a duplicate copy.
Q. May I copy a rental video or a preview copy to use later?
A. No
Q. May I put electronic copies of course readings on my Canvas site without copyright permission?
A. Yes, in accordance with these guidelines:
Remember: more stringent guidelines may apply to images, graphics, video, sound, etc.
Q. May I link to other websites from my home page or from Canvas?
A. Generally, this is permitted. Include an acknowledgement to the author or creator.
Q. How much of a work may I use for classroom teaching purposes before I violate copyright?
A. Single copies may be made of any of the following by or for teachers at their individual request for scholarly research or use in teaching or preparation to teach a class:
If uploading to Canvas or distributing in class, it is recommended that each copy or the scan includes a notice of copyright. An example is "this material may be protected by Copyright law (title 17, US Code)."
Q. When do I need to request permission to reuse a work for classroom use?
A. You need to request permission when:
Q. Where can I ask permission to reuse a work for classroom use?
A. The Copyright Clearance Center (www.copyright.com) is a centralized resource that allows users to seek permission from most copyright holders online; in some cases, permission can be obtained immediately.
If you prefer to seek copyright permission directly, the copyright holder is usually listed on the back of the book’s title page or on the subscription/editor list page of a journal, e.g. @ Oxford Univ. Press.
For more information, contact Kristi Peavy at kpeavy@wesleyancollege.edu