Copyright policy for electronic reserves is considered in compliance with U.S. Code: Title 17, Section 107 governing Fair Use. Specifically, any reproduction, either photocopied or electronic, of copyrighted material that is placed on Course Reserve at Northern Arizona University, will conform to the following:
Book excerpts placed on electronic reserve may not exceed 20% of the total pages in the book. This limit is cumulative over the course of the term.
Articles which are available through a NAU Library-licensed database, ejournal, ebook, or film located on the open Web can abundantly be placed within a course’s learning management system (Blackboard, Kanopy, etc). The Library will help to provide durable links for this purpose. For assistance, please complete the please fill out our online reserves request form.
Electronic materials, which must be obtained from a non-NAU source, are subject to copyright rules. Based on fair use criteria, library staff will determine if limited portions of an individual work can be scanned or copied for course reserves. Faculty are responsible for additional costs to copyright compliance that exceeds fair use.
Materials, not owned by NAU, which are placed on electronic reserve for subsequent or repeated semesters for the same course and instructor may require copyright permission. Copyright permission will be sought through the Copyright Clearance Center. Faculty may be responsible for copyright costs.
Many educational uses of copyright-protected materials are covered by fair use. There are no definite rules about when fair use overrides copyright laws. Each claim for fair use should be considered individually based on these four factors:
Purpose: the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
Nature: the nature of the copyrighted work (original or derivative).
Amount: the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
Effect: the effect of the use upon the potential market for or value of the copyrighted work.
Based on the fair use criteria above, library staff will determine if limited portions of an individual work can be scanned or copied for course reserves. Faculty are responsible for additional costs to copyright compliance that exceed fair use.
For copyright questions pertaining to Course Reserves, please contact Elizabeth Berney at 928-523-5262 or email@example.com. Or contact Reserves at firstname.lastname@example.org.
These resource can help you think through if fair use applies to your particularly case:
This brochure for faculty and teaching assistants covers a variety of copyright topics including: fair use, the advantage of linking to instead of copying works, and special provisions for displaying or performing works in classes. Created by the Association of Research Libraries.
These scenarios give advice about how to handle common examples of the application of fair use when instructors post materials on course management systems. Created by the Claremont Colleges Copyright Office
Photocopying & Digitizing for Instruction
Fair use may cover photocopying or digitizing materials for yourself and your students in the context of in-person or distance instruction.
The U.S. Copyright Office gives some additional guidance about photocopying copyrighted materials in the “Reproduction of Copyrighted Works by Educators and Librarians” Circular 21. The guidelines allow you as a faculty member or instructor in a not-for-profit educational institution to make a single copy of a book chapter, journal, or newspaper article, short essay, story or poem, or a chart, graph, diagram, drawing or picture from a work. The single copy is to be used by you for your research, use in teaching, or preparation for teaching a class. If you need to make multiple copies for your class, consider the following guidelines:
Brevity: a short work or section of a work
Spontaneity: the copying is requested by the individual teacher and the decision to use the work is so close to the effective use in teaching that there is no time to seek permission.
(1) the copying is only for one course in the school;
(2) not more than one short work or excerpts can be used from the same author and no more than three from the same collective work or periodical volume PER TERM;
(3) no more than nine instances of such multiple copying for one class during one term;
(4) newspaper articles and news sections of journals are exempted from the last two requirements.
A copyright notice should appear on the copy so that the students realize the work is protected under copyright law.
The copying should not replace a textbook, anthology, or purchase of books, reprints or journals.
Consumable works, such as workbooks, exercises, and study guides, may not be reproduced.
Copying of the same item by the same teacher should probably not be repeated over several years, though this is NOT stipulated by the copyright law.
If you ask your students to pay for copies, the fee cannot be higher than the actual cost of copying the materials.
The Technology, Education and Copyright Harmonization (TEACH) Act of 2002 provides additional rights to address the need to use copyrighted materials in distance education courses. This act allows instructors to digitally share materials that would reasonably be shared in a normal class setting.
It also allows analog versions (paper, film, and video) to be converted to digital formats IF:
A digital version is not available for purchase or lease
The available digital version has technological measures that protect it from being used under the provisions of the TEACH Act.
For shared materials, the follow criteria must be met:
The use of materials has to be under the direct supervision of the teacher.
It has to be a part of the class session and not something to be viewed before or after the class session; it must be part of a mediated instructional activity.
The material must be directly related to and of importance to the teaching of the content.
Transmission of the materials must be directly sent to and limited to the students in the class.
Technological measures must be taken to ensure the material is not accessible beyond the class session and cannot be further disseminated.
There is no tampering with the copyright holder's technological measures for preventing retention and redistribution.
The following resources can help you better understand the TEACH Act and your rights to reproduce copyrighted materials as an instructor:
This circular from the U.S. Copyright Office offers general guidelines for how copyrighted materials can be reproduced in an educational setting. Remember, these are "best practices" may not fit every situation; therefore, it is advised that you conduct a fair use analysis for any copyrighted materials you distribute to your students.
This flow chart was developed by the Duke Scholarly Communications Office to guide decisions about when it is acceptable to digitize material for inclusion in a course management system. Note that it assumes that the material will only be available to registered students in a class and should not be relied upon outside of that narrow purpose.
This toolkit includes information and tools to inform the use of copyright-protected material in distance learning. Resources include TEACH background and explanations, checklists, guides, vocabulary, and commonly asked questions.
Use Images in Instruction
If you are using images in instructional materials like slides, you do not need to ask for permissions if your use is covered by fair use. Consider the following best practices:
Images on slides in the classroom or an educational setting:
If you are talking about the image during the class, you have good fair use case
If it's superfluous (ie, cute cats), you should probably find other images that you have rights to use (images in the public domain or with a Creative Commons license)
If work is going to be commercialized
Do NOT copyright-protected images without seeking permissions from the copyright holder
After you enter your keywords, scroll to the bottom of the screen. Last search filter will be usage rights where you can search for images that are: free to use or share, free to use or share even commercially, free to use or share or modify, and free to use or share or modify, even commercially. This filter is also available on the basic Google Image Search Under the "Tools" button.
Search through thousands of royalty free images on Pexels. You can use all images on Pexels for free, even for commercial use. All images are completely royalty free. How is that possible? All images on Pexels are licensed under the Creative Commons Zero license. Feel free to use them for any project you want to. This can include blogs, websites, apps, art or other commercial use cases.