Copyright

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.

Question

I link to a journal article from the Highline Library databases in my Canvas course. Is this fair use?

Thinking it through

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.

The Highline College Library provides instructions on how to link/embed library-licensed content in your Canvas courses.

Question

I want to use an article quarter-after-quarter in my Canvas course. How do I seek permission or pay to use it?

Thinking it through

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:

1. See if it's available in the library-licensed materials already available to you. If it is, link to it instead of retaining a pdf in your Canvas course.
2. See if it's available as an open access resource (OAR) by searching for it on the internet. (OAR are available online free for people to use, but they may not be revised, remixed, retained, or redistributed.) If it's available as an OAR, you can link to it instead of retaining a copy within your Canvas course.
3. If it's not available through the library or as an OAR, seek permission to use it.
4. Finally, use the Copyright Clearance Center (CCC) to pay for use.

Of course, ask a librarian for assistance with any of the above steps; we're happy to help with these types of questions.

Question

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?

Thinking it through

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:

• requiring students to purchase the book as a textbook
• placing library or your own copies of books on reserve in the library
• looking for OER, OAR, or public domains books that have similar information

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.

Question

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?

Thinking it through

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.

Question

I got this great article from interlibrary loan (ILL). Thanks! Can I use it in my Canvas course?

Thinking it through

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.

Question

I found some images on the internet which I want to use in my course. Can I do that?

Thinking it through

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:

• Link to the images if possible rather than making an electronic copy available to students. Linking to materials is ordinarily not a violation of copyright but rather a technological instruction for locating materials.
• If copying an image, use the lowest image resolution possible to achieve your purpose.
• Avoid copying images from materials created and marketed primarily for use in courses such as the one at hand (e.g. from a textbook, workbook, or other instructional materials designed for the course). Use of more than a brief excerpt from such works on digital networks is unlikely to be transformative and therefore unlikely to be a fair use.
• Make sure that the images serve a pedagogical purpose. Avoid using images as "window dressing," or for aesthetic purposes only.
• Place the images in the context of the course, explaining why they were chosen and what they are intended to illustrate. Re-contextualize the images when appropriate through the addition of study questions, commentary, criticism, annotation, and student reactions.
• Limit access to the images to students enrolled in the course.
• Notify students that images are being made available for teaching, study, and research only.
• Provide attributions to known copyright owners of the images and any works depicted in the images.

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.

Question

I copied some text from websites and put it on a Canvas page followed by Source: and the website. Is this okay?

Thinking it through

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]."