Copyright Guidelines

If you simply link to a site, and describe what can be found there and how you would like students to use the resource, you are well within copyright guidelines.

If you want to copy and post text, an image, an animation or a video actually within your site, the rules are much stricter.

The TEACH act (Technology, Education and Copyright Harmonization) states in very general terms that we use technology to reasonably:
· limit access to copyrighted works to students currently enrolled in the class;
· limit access only for the time period necessary to complete the class session;
· prevent further copying of copyrighted works; and
· prevent further distribution of copyrighted works.

This can be done by careful stewardship of resources. For example, if you are using images from a text book:
· password protecting your website (online course sites are already password protected).
· posting copyrighted materials shortly before they will be used;
· deleting them from the site when they are no longer needed by students;
· using the html code which disables a visitor's ability to copy files and images.

The "Fair Use" statutes state in a very indefinable way what we need to consider when using copyright materials if we are not following the TEACH act as above:
· the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
· the nature of the copyrighted work;
· the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
· the effect of the use upon the potential market for or value of the copyrighted work.

"Fair Use" has been such a tough arena for all academics, because there are no bright guidelines. A use is “fair” if it meets the criteria of the statute and the interpretive law, which requires a case by case analysis. There are “Classroom Guidelines” developed for grade and high schools, which if followed are presumed to provide a “safe haven” of fair use, but the Guidelines are so restrictive that they are not of much use in the college environment. It is always best to have permission of the copyright owner (usually a publisher) if possible, especially where significant quantities of a work or works are to be used, or if the use will be for multiple classes over several semesters. It is never recommended to post copyrighted material on an unprotected site, without the owner’s permission. Remember, any electronic posting, which provides an increased potential for misuse or broad copying, will always be scrutinized more closely than paper copies distributed in the classroom. Thus, all internet postings should be password protected. Use of the same material in a second and subsequent terms is also more closely scrutinized, making careful analysis even more important for such use. For more detailed look at fair use, and a copy of the Classroom Guidelines, see "THE STATE OF FAIR USE IN ACADEMIA TODAY," Wesley D. Blakeslee, NACUA, November, 2003. [available at http://counsel.cua.edu/copyright/publications/blakeslee.cfm]

If you have any questions, please contact Joe Newcomer at jnewcomer@jhu.edu

Copyright Requirements!

You may find a MULTITUDE of fabulous images, animations, videos online to include in your course. Hopkins has elected a loose set of guidelines, which -- as our courses are non-profit, educational, and password protected -- are easily met.

Copyright for Advanced Academic Programs Online Courses

(Information source: Regents Guide to Understanding Copyright and Educational Fair Use from the University System of Georgia as referenced by the Hopkins library. http://library.jhu.edu/researchhelp/general/copyright/ ; http://www.usg.edu/admin/legal/copyright/)

I. Overview:

This part aims to provide a concise overview on the various issues, as well as key laws and propositions concerning copyright/educational fair use for online education in Advanced Academic Programs (AAP).

What is Fair Use?

Fair Use is the privilege to use material which is copyrighted, as long as that use is within the standards set by the copyright provisions. These provisions, as you will see, are general and open to interpretation, so fair use is determined on a case-by-case basis. However, as you will read below, copyrighted materials used within a password-protected, non-profit, educational course, in which the material is germane and timely to the topic, generally falls within these guidelines, as long as the source is cited and permission has been requested.

The ultimate test for Educational Fair Use is determining whether the copying has been done for sound pedagogical reasons and not just to avoid buying the work.

This is important to keep in mind as a guideline, and even more so in online education for instructors.

II. What CAN be done by instructors and course support workers:

This part is VERY IMPORTANT as it concerns itself directly with what you can legitimately explore for your online course. Please go through these carefully as they communicate what is fair use for online education.

* Display of a copyrighted motion picture for instructional purposes by the teacher in their online course is fair use as long as access is restricted by use of password, PIN etc.

* Display of diagrams, charts, pictures etc by a teacher for instructional purposes is again fair use as long as access is restricted.

* Copying of any of the above material for classroom/online course usage is fair use as long as access is restricted AND it is not a substitute for purchasing the material. Also the teacher may not make a copy for a colleague to display in his/her class, but may only lend it to him/her.

* Copying or display of any of the above material is fair use as long as it does not interfere with the selling of the work in the marketplace.

III. Key points to remember:

This part gives out some important points to keep in mind with respect to fair use.

* Fair use is determined by whether or not infringement of a copyright, and not a work, has occurred.

* There is use of a work and use of the copyright.

* If one copies a work to put it on the market, then one is using a copyright. Without permission of the copyright holder this is an infringement.

* If one copies a work for study or research, the one is using the work, because the use is among the uses the work was intended for. Such usage is fair use.

* The purpose of use is very important. It has to be for educational and research purposes only AND is not a substitute for buying the work. For example, if one is using a picture, video clip etc for educational purposes without paying for it when it clearly mentions in the source that it has to be bought, this is an infringement. Always the best and safest thing to do would be to ask for permission directly from the source (details given below)

* The amount used can be a major determining factor in whether one is using a work or a copyright.

* The greater the amount, the more likely that the use will be a use of a copyright. The amount could vary depending on the type of work, it could be a single image from a paper, a clip from a movie or a sound recording of a talk. Again the best and safest thing to do whenever in doubt is to directly ask for permission (details shown below)

* Finally one may always use a work without permission, but one may use a copyright only with permission or as a matter of fair use.

IV. Asking for permission:

Finally it is always better to be safe than sorry particularly in the case of online education where boundaries, and interfaces are not as clear-cut as in an onsite classroom. As can be seen from the above, the requirements for fair use can be easily met. It sometimes is necessary to ask for permission, in fact if one were to play it safe as mentioned above, it makes sense to ask for permission whenever one is using material from another source.

The following points may be used as a procedure when asking for permission to use a specific work.

* Send an email to the webmaster and/or to any other email that is included in the website that permission might be needed from.

* The email should be include a request for usage of the work (picture, PowerPoint, video etc.), and the reason for the request (i.e. for using as instructional material to students in XYZ online course).

* Mention where and when the work first appeared, as well as when the present copyright was issued by the people you are requesting permission from.

* Mention the exact piece of work that you are asking permission for usage.

* Mention that the online course will have restricted access through password protection, usage of PIN etc.

* A question has to be included on whether or not the person the mail is being sent is in fact the copyright holder or not. If not, the request the name and contact details of the copyright holder if they have it.

* Mention if any more information is required in order to secure permission.

* A question has to be included on whether specific wording on the credit line that will appear alongside the work is required.

* Once the email is sent keep a simple log, in a word or excel document, in which you paste the image, the URL from which you copied the image, the date of your request, and to whom you requested

You can simply "copy and paste" the below email body and fill it in!
 

Copyrights and Permissions Department

Dear  Sir/Madam :

I request permission to use the attached image (figure,, power point, video, etc…) for an online (Biochemistry, Cell Biology) course for students in the Master of Science in Biotechnology Program at Johns Hopkins University.  The online course will be pass word protected and only be accessible to students enrolled during the _____semester.

The image (material, power point, video, etc ) originally appeared in (textbook, journal, and website) and was copyrighted by your organization (company) in 200x.

Are you the holder of a copyright for these materials?

____ Yes ____ No

If you are not the holder of a copyright, can you identify the owner and supply an e-mail address so that I may contact the owner?

Please let me know if you need any additional information so that you can grant permission.  Also, please let me know if you require specific wording on the credit line that will appear with the image (figure, power point, and video).

Thank you.

Sincerely,