Copyright protects literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual, and architectural works.
Copyright occurs automatically at the creation of a new work. You do not have to provide a copyright notice on your work to receive copyright protection. However, if you are making your work publicly available, it's a very good idea to include a copyright information, along with your contact information, so that people who want to re-use your work will be able to get in touch with you. A good copyright notice might look something like: "© 2008 J. Doe. For permissions and questions contact firstname.lastname@example.org."
If you are using library-licensed materials (i.e., journals, books, and other materials for which the library has a subscription) you should consider providing permalinks or citations of the specific resource rather than including PDFs or files in Canvas or Ares for students to download directly; this is beneficial for several reasons:
Click here to view our guide about permalinks.
Harvard Business Review: The Harvard Business Review has a license agreement with EBSCO that explicitly restricts the inclusion of links to its articles in courses, such as through Canvas or in a syllabus. In other words, it is not permissible to link to HBR articles in your courses. The large majority of journals and publishers do not have such restrictions, but if there are restrictions such as this, they are usually communicated clearly on the journal or database. If you are assigning HBR materials contact the library so that we can purchase the content.
If you have specific questions about using copyrighted materials for your course, please do not hesitate to reach out to the library.
No, with a few exceptions.
Most terms and conditions or end-user license agreements, which you agree to when you create an account, specify that the account is only for your personal, non-commercial use. Netflix, Amazon Prime, Hulu, and other personal streaming vendors do not grant rights for institutional or educational use.
This is important because licenses overrule copyright exemptions. Showing your personal DVD during class is covered by a specific copyright exemption (Section 110), and showing clips can be covered by fair use (Section 107). However, streaming videos from personal subscription vendors in your classroom when the license prohibits such viewings? There is no copyright exemption for that and the situation is problematic.
What can I do? The library may be able to obtain streaming videos through institutional subscription vendors like Alexander Street Press, Psychotherapy.net, Kanopy, and Swank. Contact us to see if the video is available on any of these platforms. If not, you must request that students subscribe to the streaming service to view the video.
Exception: Some vendors grant permission for a small number of titles to be shown in educational settings. For example, Netflix has granted permission for classroom use for several Netflix Original documentaries (see below).
Some Netflix Original educational documentaries are available for one-time educational screenings. To find out which titles are available for educational screenings, visit media.netflix.com and search for the title or browse our recent and upcoming releases.
Guide to Analyzing Any U.S. Copyright Problem
This is the detailed framework that outlines similar (above) easy-to-follow guidelines for solving any copyright problem with several tools and resources included. It was originally created by Kevin Smith and Lisa Macklin, who are both attorneys and copyright librarians, as a way to assist anyone in navigating where to begin regarding a "can I use it?" U.S. copyright problem. The guidelines have been adapted to better accommodate the K-State community.
Guide to Analyzing Any U.S. Copyright Problem - Infographic
This simplified infographic is a derivative of the (above) framework/guidelines that can help you analyze any copyright problem and guide you through an appropriate solution for your individual needs.
Copyright Genie The Copyright Genie will walk you through the steps to determine if a work is in copyright and, if it is, when it will enter the public domain.
Digital Copyright Slider From the ALA Office for Information Technology Policy, a visual and interactive way to figure out if something is under copyright.
Fair Use Evaluator This tool helps you make a fair use evaluation and provides a PDF document of your evaluation for your records.
Interactive Guide to Using Copyrighted Media in Your Courses This interactive guide from Baruch College at the City University of New York helps faculty determine the appropriate guidelines to follow for using different types of media in face-to-face classes and online classes.
Copyright Renewals Database This is a database of copyright renewal records for US Class A (book) renewals received by the US Copyright Office between 1950 and 1992 for books published in the US between 1923 and 1963.
Copyright Term Calculator Use information on hand to determine whether or not a specific work is in the public domain. This calculator takes into account the potential restoration of copyright for items published outside of the U.S. due to Uruguay Round Agreements Act.
Catalog of Copyright Entries These PDF files can be used to find copyright renewal records for items that aren’t US Class A (books) renewals. Note: Copyright renewal had to occur sometime during the 28th year, however sometimes the Library of Congress could be slow in publishing said renewals. To maximize the search, look for the renewal records from the 27th to the 29th year.
Exceptions for Instructors eTool Guide This tool helps you determine if your intended use meets the requirements set out in the law and provides a PDF document for your records.
TEACH Act at the Copyright Crash Course Introduction to and explanation of the TEACH Act and how it may facilitate use of copyrighted works in the classroom. This site also includes a checklist to determine if a work qualifies.
Creative Commons License Tool Follow the steps to choose the appropriate Creative Commons license for your creative or scholarly work.
Section 108 Spinner Use this spinner/tool to find out if the reproduction of a work is permissible under Section 108: Limitations on exclusive rights: Reproduction by libraries and archives.
Copyright.gov Public Catalog (1978-Present) This database shows records of all copyright registrations for all works dating from January 1, 1978, to the present, as well as renewals and recorded documents.
Copyright.gov Copyright Records (Pre-1978) This ongoing project presents records of copyright ownership from the United States Copyright Office for the period from July 1891 through December 1977.
This majority of this guide was republished and modified with the kind permission of the Kansas State University Center for the Advancement of Digital Scholarship. To check out some of their other great content on copyright and academic scholarship, please visit https://www.k-state.edu/copyright/
Thanks goes to Tabitha Ochtera MLIS, Serials & Media Librarian at the James E. Tobin Library at Molloy College for the detailed content about Netflix and other streaming services, licensed under the CC BY (attribution) license. To view the original guide, visit https://molloy.libguides.com/streaming/netflix