Fair Use and Copyright

 Using Library Resources
May an instructor post a link in their Moodle to a streaming video found and accessed through one of the Library subscription-based databases?

Yes, we encourage instructors and students alike to utilize Library databases for their classes. We offer streaming video on various platforms, such as Kanopy, located on the Library website under Resources > Streaming Video. Make sure to use a permalink when linking to your Moodle course. 

 Books/Chapters
May an instructor make copies of one chapter from a library book to distribute to their class?

Yes, as long as instructors evaluate the use of print materials using the Four Factors outlined by the Fair Use Doctrine. Copies should also meet the tests of brevity, spontaneity, and cumulative effect. Ask a librarian to learn more about these tests.

 Journal Articles and Other Published Text

An instructor would like to print and distribute an article from a personal collection or a library resource to students in their class. Is this permitted under Fair Use?

Yes, copying an article for a class for one-time use is permitted under Fair Use. However, to continue sharing the same material as part of a required course curriculum term-by-term requires permission. We recommend making material available through the Library Reserves.

 Sharing Articles Through Links to Webpages

An instructor wishes to share a link to an article published by The New York Times in their Moodle. Does this fall under Fair Use?

Yes, make sure links direct students to official versions of articles or websites by looking for prominently displayed copyright information in order to avoid third-party sites. 

 Making Articles Available For Download

May an instructor upload articles for students to download from their Moodle course?

Initially yes. However, if an instructor wishes to make use of the material on a recurring basis, please talk to a librarian to discuss options. 

 Audiovisual - Physical Formats (DVDs, CDs, etc.)

An instructor borrows a DVD of the film Double Indemnity from the LCC Library to show in a class on Film Noir. The disc is labeled as All Rights Reserved and states that "unauthorized duplication or transmission is a violation of applicable laws." Is this use permitted?

Yes, physical formats shown in a classroom in the context of face-to-face teaching are permitted.

 Audiovisual - Streaming Audiovisual Works from the Web

Does an instructor need to get permission from the copyright holder to show streaming content from a free website like YouTube?

Streaming audiovisual works from the web (such as YouTube, Vimeo, etc.) is generally permitted, unless explicitly prohibited by the creator, as long as the instructor has no knowledge or suspicion that a work is an illegal copy. 

  Audiovisual - Streaming Services (Netflix, Hulu, Amazon Prime, etc.)

As an instructor, can I share content with my class from my personal subscription-based streaming service, such as Netflix?

Typically, no. Using audiovisual works from streaming services (Netflix, Hulu, Amazon Prime, etc.) is generally prohibited by the service's terms of use. However, some Netflix original educational documentaries are available for one-time educational screenings. We recommend seeking more information from the service's website. 

Sharing Images and Artwork

Can an instructor leave scanned images on their Moodle site throughout the term, so their students can consult them as they wish in relation to texts they are reading?

It depends. An image is protected by copyright unless the author declares it part of the Public Domain, the image is old enough that the copyright has expired, or the author licenses it under an alternative model (such as a library database). 

 Using Images For Creative Projects

An instructor has assigned students to use images of photographs or artworks from the web to create a poster about a book they have read for the course. Students can use multiple images or use image software to manipulate the images. Is this use permissible?

Creating a "derivative work" may be considered Fair Use as long as it is solely for classroom purposes and no additional use is made of the material. It is also appropriate to credit to the original creator and document any modifications made. Alternatively, utilizing images that are in the Public Domain or licensed under Creative Commons is another option.

  Public Domain

As an instructor, can I or my students share or remix images and materials that are in the Public Domain?

Yes, anyone can use materials that are in the Public Domain without permission or restriction. As of 2024, works are in the Public Domain if they were first published or released in the United States before January 1st, 1928.

 Creative Commons

As an instructor, can I use an image that has a Creative Commons license in my course instruction?

Yes, students and instructors alike are encouraged to use CC-licensed materials, maintaining they follow the license conditions. You can learn about CC Licenses here. Different levels of permissiveness exist among licenses, and one must always provide appropriate recognition to the original creator. Also, be mindful that ND stands for "no derivatives" or adaptations of the work are permitted.