In this guide, the term online classroom is defined as a closed 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, or limited to participants who are enrolled in a noncommercial educational experience offered by Wesleyan College. This may include:
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.
Using an online meeting tool to host class or meet with students who are enrolled in your course creates an environment that allows for fair use of many copyrighted works. Be careful, however, of sessions that are recorded and shared via a link that will allow anyone who is not in your class to view the session. This changes the dynamic of the copyright rules and fair use may not apply. It is recommended that if you do record an online class session, that you only share the link to that session via your Canvas course page.
Listed below are common questions related to this topic:
Q. May I use copyrighted images, video, or music in a presentation in a virtual classroom?
A. It depends on how the presentation will be shared.
Musical works are oftentimes easily accessible online via streaming music services. Despite ease of access, copyright rules regarding ownership and contractual agreements specifying use of content still apply. Additionally, fair use must still be applied to musical works played in the classroom to ensure copyright compliance.
A few of the most common questions related to this topic are listed below:
Q. Can I play music from sites such as Spotify or iTunes in my classroom? Is this the best way to make song lists available?
Most streaming and legally licensed digital music files include a contractual agreement that stipulates content is for personal use only. Therefore, playing music from Spotify or iTunes in your classroom would break this agreement. There are many streaming repositories that include free and royalty free music without restrictions on how music is shared. Two of the most popular sites are Free Music Archive and YouTube's RFM-NCM. Another solution includes linking music from sites the content creator has made freely available and the user does not sign an agreement regarding personal use only. Linking to sites such as YouTube without verifying the copyright holder does not place you in legal jeopardy, but content that is not in copyright compliance is oftentimes pulled from the site because of copyright violations.
Q. I love to use music in my classes, so I upload mp3 files of songs from my CD collection or ones I borrow from the library.
A. Uploading mp3s from a CD entails format shifting wherein the original work is digitized. Copyright does not allow the original owner of the physical copy to share a digital copy with others since the copy is meant for personal use (ex. listening on your phone). Alternately, the physical CD can be played in a classroom setting under fair use doctrine since you or the library you borrowed it from own the CD. The TEACH Act amendment to the Copyright Act, 17 U.S.C. § 110(2) permits the performance of a reasonable and limited portion of a musical work in an online classroom. Under the TEACH Act, there is the express limitation on quantity, and an entire musical work will rarely constitute a reasonable and limited portion.
Showing films in a online classroom is tricky, especially when students are not be able to watch the film together or need to view the film later for further critique and analysis. In-class synchronous viewing online may be considered fair use depending on how much of the film is shown and for what purpose.
Listed below are common questions regarding showing films in a virtual classroom:
Q. May I show a film to my class via Zoom for instructional purposes?
A. Under the face-to-face teaching exemption, 17 U.S.C. §110(1), in a physical class setting, the answer would be an unqualified yes since it is for classroom instruction and no admission fee is charged (tuition and course fees do not constitute admission fees). However, the TEACH Act amendment to the Copyright Act, 17 U.S.C. § 110(2), only permits the performance of a reasonable and limited portion of films in an online classroom, provided the work displayed is "in an amount comparable to that which is typically displayed in the course of a live classroom session". Under the TEACH Act, there is the express limitation on quantity, and an entire film will rarely constitute a reasonable and limited portion. Instructors may also rely upon fair use for showing films in an online course, although showing an entire film online also may not constitute fair use. (source)
Willet Library believes that synchronous viewing of a legally purchased DVD (your personal property or checked out from the Library) in a virtual classroom is permissible through fair use. However, you should consider the following conditions:
Q. May I make a copy of a film and share the link or file with my students?
A. No, it is never appropriate to make a copy of an entire film, and making a copy could be a violation of the Digital Millennium Copyright Act. Current exemptions (34 CFR § 201.40(b)(1)(ii)(A)) extend only to copying “short portions” of motion pictures for use in certain types of teaching, not to copying entire works.
Q. May I show films from streaming services like Netflix, Hulu, Amazon Prime, etc?
A. The use of streaming providers like Netflix, Hulu, or Amazon Prime require you to login with a personal account, and showing a film this way may constitute a violation of the provider's terms and conditions. At this time, only Netflix permits one-time educational screenings of certain films.
Q. Are there any streaming video platforms I can use in my virtual classroom that would not violate copyright?
A. The library is able to purchase institutional viewing licenses through Kanopy, Swank Digital Campus and other platforms. This is the best option if students will be expected to view the title multiple times and/or asynchronously; however, some films may not currently be available through these providers. If you would like see if we can access a film through one of these platforms, please Kristi Peavy (kpeavy@wesleyancollege.edu) about purchasing a license.
The Internet Archive offers a limited library of films, most of which are in the public domain. You may also find films available on YouTube. Keep in mind that when linking to sites such as Internet Archive or YouTube, content not in copyright compliance may be pulled from the site at any time.
Any time a work is shared in a way that the work is accessible to individuals who are not enrolled in the course, there is a danger that a copyright violation will occur. An email to students in the class could result in a student forwarding that email to someone outside of class and the copyright of any resources inside the email may be violated. Only works that are in the public domain, covered with a Creative Commons license, or that include a statement from the creator/distributor indicating that the work may be reused are safe from copyright violations when shared outside of Canvas or a virtual class meeting in a secure online platform.
Listed below are common questions on this topic:
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 a professor scan a work that is public domain that is printed in an anthology that is still copyright protected (example, a play by Shakespeare) and share it with students?
A. Yes. The work is in the public domain and not subject to copyright protection.
Q. I published a book that I use in my class. Since I wrote the book, I always thought I could upload a whole copy. Is this correct?
A. If you transferred the copyright of the work you authored via a publishing agreement, you are no longer the copyright owner. A work owned by a publisher other than yourself must follow the same fair use doctrine as any other work to which you do not hold the copyright. If you are unsure of who holds the copyright, contact the publisher of the work. If you are the copyright holder, you are free to do whatever you like with the work.
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.
When possible, use your Canvas course to share copyrighted works with students. Since this space is password-protected and accessible only to students enrolled in the course while they are in the course, it creates an environment that allows for fair use of many copyrighted works. There are, however, exceptions so please review the questions below and ask the library if you have a question that is not listed.
Q. Why is it preferred that I link to library resources when possible, instead of adding a scanned copy of an article or book chapter to my Canvas course?
A. Uploading a scanned copy of a work involves creating a new copy of the work and then distributing that new copy to others. This is a violation of copyright and even if it is posted to a secure Canvas course site, there are potential risks of further duplication and distribution that are outside the scope of fair use. Providing a stable link to a work in one of Willet Library's databases ensures that Wesleyan College faculty and staff are not participating in the reproduction and distribution of a copyrighted work. Downloadable copies of works found in databases will carry a copyright notice and discourage students from distributing the electronic copy of the work.
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 recordings, etc.
Q. May I make a copy or a scan of a book for students in a virtual class?
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. 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. Can I share a book chapter with students electronically? If so, what portion?
A. Yes, if you scan a chapter of a book you own or that is owned by the library, you may upload it to Canvas and share it with your students. It is best if you limit the amount of materials you scan to one chapter or 10% of the book, whichever is less.
Q. My students will be unable to acquire the class textbook before the first week of class. However, I need to assign readings for the first week. Can I scan and upload the first two chapters of the class textbook to my Canvas site?
A. As long as the scans do not constitute more than 1 chapter or 10% of the book and the item is owned by the instructor or the library, scanning and uploading to Canvas is permitted.
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 (kpeavy@wesleyancollege.edu).