Frequently Asked Copyright Questions
Can I post a PDF of a journal article the library subscribes to in my Moodle Course?
Maybe. Generally speaking, if an item meets the requirements set out under Fair Use or the TEACH Act, materials can be shared in a password protected learning management system like Moodle for a limited period of time. Factors to consider are how many students will have access to the course and how long the materials will be available, including whether it will be available for multiple semesters. More students and longer access weigh against fair use. You will need to consider the Fair Use factors to decide whether your use of the materials falls under Fair Use.
However, even if it is considered fair use, some library database user agreements may prohibit the sharing of articles or other materials in this way, so the best practice is to link to the article in the database by using a permanent URL, rather than uploading the PDF. This will also allow students to access the most up to date version of the material.
Can I show a DVD or Blu-Ray video in my classroom?
Yes, as long as it is for classroom instruction and no admission fee is charged.
Can I show a DVD or Blu-Ray video in a non-classroom context?
Generally not, unless permission has been obtained from the copyright holder.
Can I Stream a Netflix (or other streaming service) Video in My Classroom?
Netflix does allow some films to be shown in an educational context under certain conditions. See their page here for details. You can search media.netflix.com to see which films may be shown by educators.
However, make sure you are using approved films only, as most user agreements do not allow public screenings. “When one signs a license agreement, he or she often gives away certain freedoms, such as copyright exceptions. The Netflix user agreement overtly conveys “the Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.” Most copyright attorneys comprehend the phrase “for your own personal… use” as giving away your statutory exceptions to use section 110(1) and even section 107 (fair use).” – Kris Helge, Scholarly Communications Librarian at the University of North Texas. “May One Stream a Netflix Video for In-Class Use?”
If you wish to use a streaming service to show a video in your classroom, you will need to check your user agreement to see if it prohibits you from using it for a public showing.
Can I post a PDF of a journal article to my faculty website?
Probably not. If the website is available to the general public and is not password protected, this would probably not be considered a Fair Use because you cannot be sure it will only be used for academic purposes.
Can I copy articles to create a Course Pack for my students?
Probably not. Generally speaking, you need to ask copyright permission before reproducing copyrighted materials for use in a course pack. However, information in the Public Domain would be an exception.
Can I photocopy one article from a journal for my own personal use?
Yes, this would probably be considered Fair Use.
Can I make materials from the university archives publicly available online?
It depends. If the materials are still covered by copyright, it may not be possible to make the materials publicly available on-line, unless the donor has given permission. Materials need to be reviewed on a case-by-case basis.
Can I use copyrighted photos or music in my classroom presentation?
Yes, this would generally be considered a fair use of the materials if it is for instructional purposes. You should make sure you cite the original creator, however.
Can I use copyrighted materials in an open-access educational course? Can my students use copyrighted materials in an open-access project?
Probably not. Generally a distinction is made between a password protected on-line course and websites or courses that are not password protected.
What about instructor materials from an instructor copy of the textbook? Can I share or post those?
It depends on the publisher; many instructor’s texts and instructional materials come with a warning/contain a warning not to share with students or make publicly available. You will want to pay attention to any warnings you get with your instructor copies, but you may also want to see if there are any publisher policies available. Seneca Libraries has compiled a helpful list here.