Below are some of the most common questions HC colleagues ask about copyright. The examples below show how to think through your use of copyrighted content so you can feel confident about what you're doing. As stated previously, the information presented on this guide is intended only for informational purposes and should not be construed as legal advice.
I link to a journal article from the Highline Library databases in my Canvas course. Is this fair use?
In the Fair Use section of this Copyright guide, alternative to copyrighted content are listed, including library-licensed works. Library-licensed works are available to Highline College staff and students because the HC Library subscribes to that content.
Linking to library-licensed content, and embedding video such as ones from YouTube and library databases like Films on Demand and Kanopy, is an excellent way to ensure you're not infringing copyright. When you link to library-licensed content in your Canvas course, you're redirecting students to the source of that content, which they can access using their myHighline account. Similarly, embedded content is available to students because they've already logged in to Canvas, and through embedding you're not making a copy of the content (see Inline Linking from Linking to Copyrighted Materials).
If you download a pdf of a library-licensed article to your Canvas course, it can get a bit trickier to answer this question. If you use that article for the current quarter and then remove it, this likely falls under fair use. This is similar to pre-Canvas times when you might make copies of an article to give to your students because you just found it and it's relevant to course content. It's always been the case that if you want to use an article in a class quarter-after-quarter, you should seek permission and/or pay for the use of that article (see below for more information on this). So downloading a pdf from a library-licensed database and using it in your Canvas course quarter-after-quarter may not fall under fair use. It's safer to simply link to the article. Of course, this also means it’s best practice to link to resources on the web rather than retaining copies in your Canvas course.
I want to use an article quarter-after-quarter in my Canvas course. How do I seek permission or pay to use it?
Although it seems like using one article from a journal should be allowed as fair use (a small amount of the journal volume is used for educational purposes), using it quarter-after-quarter without seeking permission or paying for usage might be considered infringement. Here are some ways you can safely use an article quarter-after-quarter:
Of course, ask a librarian for assistance with any of the above steps; we're happy to help with these types of questions.
I want to scan some pages/chapters from our textbook (or another book) and make them available in my Canvas course. How many pages or chapters can I use?
In copyright law, the answer to many questions is "it depends," and that definitely applies here. First, let's look at the PANE section of this guide's Fair Use page. Under Amount (the A in PANE), we can see that there is nothing in copyright law that states a specific amount that can be used from a source. Instead, we must work through the four factors that determine fair use, which we've abbreviated as PANE (Purpose and character of the use, Amount used, Nature of the work, and Effect upon the market).
Next, let's look at Example 2 under PANE Examples in that same section, which reviews the four factors for fair use in relation to the question above. The conclusion after reviewing these four factors is that you’re likely violating copyright law if you are using more than one chapter from a textbook. If you’re using only one chapter (and students need to purchase/rent the textbook to access the rest of the chapters), you’re probably okay. It's safe to assume that the answer is the same if you're using a book other than your textbook (such as a library book). Solutions to this issue include:
See Alternatives to Copyrighted Content on this guide's Fair Use page for more information about locating OER, OAR, and public domain sources. And as always, ask a librarian for assistance whenever needed.
I found this (ethically dubious) article (book chapter, film, etc.) that’s been downloaded from another library database for free online (or posted by someone else online). Since it’s freely available on Google shouldn't it fall under Unprotected Works/Public Domain? Can I share it with my students?
Recommendations are that you do not use it. As educators, as soon as we see "ethically dubious," we probably already intuit the answer. But why? Because it could be considered contributory copyright infringement.
As stated on the Legal Information Institute's (LII) website, "One who knowingly induces, causes or materially contributes to copyright infringement, by another but who has not committed or participated in the infringing acts themselves, may be held liable as a contributory infringer if they had knowledge, or reason to know, of the infringement." (LII is "an independently-funded project of the Cornell Law School".)
You can read more about contributory copyright infringement on that website (including citations to court case), or search the internet for contributory copyright infringement.
To learn more about unprotected works and those in the public domain, see Alternatives to Copyrighted Content in this guide.
I got this great article from interlibrary loan (ILL). Thanks! Can I use it in my Canvas course?
Although your gut reaction might be "sure," let's dig a bit deeper. Copyright law actually states very clearly what can be done with articles obtained through interlibrary loan (ILL). By looking at the law [17 USC S.108 (d)(1)], we can see articles are for "private study, scholarship, or research." As stated on this Foley Library website from Gonzaga University: "In order to be in compliance with the law, articles received through Interlibrary Loan must not be shared with other users nor be posted online or placed on reserve or as part of a course pack or reading list." Other websites state that best practice is for each person who needs a copy of the article to request one.
I found some images on the internet which I want to use in my course. Can I do that?
Images, paintings/artwork, videos, charts/graphs, music, and other media are also protected under copyright law. Therefore, you must consider the four factors for fair use (PANE = Purpose and character of the use, Amount used, Nature of the work, and Effect upon the market) when deciding to use media in your course.
If the image or other media source you want to use doesn't have an open license, follow tips for best practices to position yourself to assert a fair use argument such as:
This University of Rhode Island University Libraries web page provides several image examples that help you think this one through in more depth. You may also want to review the Code of Best Practices in Fair Use for the Visual Arts from the Center for Media & Social Impact.
Source: "Fair Use and Copyright for Online Education" by The University of Rhode Island University Libraries is licensed under CC BY 4.0
An alternative is to locate an image or other media source that does have an open license. Use the links below or ask a librarian for assistance.
I copied some text from websites and put it on a Canvas page followed by Source: and the website. Is this okay?
Having the source listed is a critical part of abiding by copyright laws. Ideally, using a more complete citation for the source would provide a good model for students to follow. Let's look at the Students' Work is Copyright Protected Also section of this library guide where it says: "One easy way to help students learn more about the importance of copyright is to inform students that course content may be covered by copyright, and include a notice of copyright on course materials you use under fair use."
So it would be excellent copyright and citation practice to be more explicit about what content belongs to other sources. For example, you could add a comment on the first page of the course (or in a logical place) stating that course content may be covered by copyright and will be labeled as such. Then, in addition to the source link, you could add quotation marks or add a statement that says something like “The above content is copyright protected” and then follow that with Source: [insert website URL]."
I want to show a movie or episode of a TV show to my students during class. Can I do that?
There are two potential settings for showing recordings to students: in a physical classroom and in an online class. Showing a recording in another setting on campus requires different considerations.
Showing a DVD in a physical classroom
U.S. copyright law provides an exception, section 110(1), which allows instructors or students in the class to show a movie or TV episode from a DVD, as long as:
Note that the DVD can either be a library copy or the instructor's (or student's) personal copy. [This applies to VHS tapes too.]
Showing a movie from a streaming service like Netflix in a physical classroom:
You might think if you can do the above, you can do this, but that's not the case. Most streaming services include Terms of Use. As this guide from Yale University Library says "A Netflix subscriber will have to abide by their Terms of Use, which explicitly say that viewing is for “personal” use only and “You agree not to use the service for public performances.” So, even though there might be a classroom exception in copyright law, the license (and your agreement to it) will prevail over the law."
The Netflix Help Center provides information about one-time educational screening possibilities on their Educational screenings of documentaries website.
Showing a movie or TV episode in an online class:
Different rules govern showing movies or TV episodes in online classes, and they're more restrictive.
The safest way to show a recording of a copyright-protected movie of TV episode in an online class it to link to (or embed) the recording from a streaming video database from the library. The Highline College Library subscribes to several streaming video databases. If you work at Highline College and cannot find a video in those databases that is appropriate for your purpose, contact your friendly Highline College librarians for assistance.
Instructions for linking to/embedding streaming videos from library databases into Canvas:
The Highline College Library partners with King County Library System (KCLS) making it possible for students and employees to have access to their online library. While it's not possible to embed KCLS streaming videos in Canvas courses, instructors can provide directions in their Canvas courses on how to access streaming videos in the KCLS online resources for college students. All Highline College students have free access to these resources, and this helpful guide shows how students how to log in to use those resources.
It may be necessary to obtain the permission of the copyright holder to show an entire movie or TV episode in an online class. This library guide from Lorain County Community College provides clear copyright guidelines for showing films, including sections on YouTube videos and subscription services.
If you follow the PANE test, it's clear that considering the amount of the work you're using can make a difference. The idea that you can use a certain amount of a work (10% or less for print and 10 seconds or fewer for audio/video) came from a 1980s court case where a judge stated that you’re probably safe using 10%. However, there is no set amount that's safe to use. Instead, you should seriously consider the following when making your decision:
Even though there is no rules in copyright law about the exact amount you can safely use, you will often hear people refer to this 10% or 10 seconds guideline. For example, even YouTube lists guidelines for copyright policies and music (See Updates to Copyright Policies for Manual Claims on Music), which says "short segments of a song means single digit seconds (for example, 5 seconds)."
If a recording is in the public domain or openly licensed, you may show them in your classes. See Alternatives to Copyrighted Content for more information on public domain and openly licensed works.
Employees or students want to show a movie or episode of a TV on campus for a club activity or other event. Can they do that?
The short answer is not without paying.
The longer answer is that the same exceptions which allow an instructor to show a legally-recorded movie or TV episode in a classroom setting for educational purposes do not apply outside the classroom setting. Any other setting on a campus is considered a public performance, so the person(s) showing the recording must obtain public performance rights, which usually include paying to show the recording. This includes DVDs and streaming videos available in the library's collection. For help researching public performance rights, please contact the reference librarians (refhelp@highline.edu). We have contacts at Swank and other streaming video vendors so we can easily request the cost and help connect you to the vendor.
See an excellent discussion of this topic in the Showing Films for Campus Events section of this Lorain County Community College library guide.