For Faculty: Copyright FAQ

Q: Can the library help me with my copyright questions?

A: Yes, though bear in mind we don't have a copyright officer on staff. We can provide basic guidance on unambiguous copyright issues, but we can't provide legal advice or weigh in on particularly thorny issues. For difficult cases you should consult with the university's legal counsel.

Q: Can I show DVDs and YouTube in my class?

A: Yes, with limited exceptions.  The use of copyright-protected works in the classroom and in educational settings is governed by sections 107 (the “fair use” provision) and 110(1) (the “face-to-face” teaching exemption) of the U.S. Copyright Act.  Educators in non-profit educational institutions may use the “face-to-face” teaching exemption to show videos without obtaining permission from copyright holders when they are physically present in the classroom during the showing of said videos.

As an example, if you are playing a DVD/Blu-Ray/4K UHD while present in class chances are you will be in compliance with US copyright law.  As another example, if you are present while showing a video that is publicly available on YouTube, Vimeo, etc., or you are present while showing a video licensed over a campus-purchased streaming service (Kanopy, for example) you should also be in compliance with US copyright law.

Q: Can I show streaming video from Netflix, Amazon Prime, Hulu, etc. in class?

A: No, except in rare cases.  In watching or purchasing video through any of the major personal streaming services you are entering into a contract that prohibits you from showing said video in a public forum.  Regretably, this personal contract you have entered into trumps the provisions in sections 107 (the “fair use” provision) and 110(1) (the “face-to-face” teaching exemption) of the U.S. Copyright Act. 

Much of the content on Netflix, Amazon Prime, etc. can be found in formats/licenses that allow for classroom showings, but some content on those streaming services simply can't [legally] be shown in class.  Contact the library to get a sense of your options.

Q: What material can I post to Blackboard?

A: Many things, including items accessible through the library, files that are publicly available on the Internet, and material you hold copyright to.  It is, however, a best practice to link to a given document rather than uploading the document itself.  As an example, if the library had access to an electronic article you wanted to use, you should post a link to the article rather than downloading a PDF of the article and uploading it onto Blackboard.  A good accounting of what is and isn't typically allowed on learning management systems can be found here. 

Q: What material can I put on course reserve at the library?

A: Anything that the library has access to or which you legally own.  For example, if the library had electronic access to a certain article or e-book, you could place that item on a course reserve.  Likewise, if you own a book or a copy of a journal article you can place those items on course reserve.  Photocopies of material are also eligible to be placed on a course reserve. 

Items that cannot be placed on a course reserve include materials not owned by SAU or the instructor or materials the instructor is renting or borrowing.

Q: Can I use copyrighted material in my teaching and research?

A: Yes, under a majority of circumstances.  Section 107 (the “fair use” provision) of the U.S. Copyright Act allows for the "unlicensed use of copyright-protected works" for teaching, scholarship, and research.  So, for example, if you wanted to include a certain song in a PowerPoint presentation you were using in class, that would likely be OK.  Or, as another example, if you wanted to quote extensively from a copyrighted work as a part of your published research, that would also likely be OK. 

The "fair use" provision does have some limitations, however.  Most of those limitations relate to negative commercial effects a copyright holder might incur as a result of the unlicensed use of their work.  Please consult with the library if you have any concerns about this.

Library Reference Desk
(563)-333-6245 / librefdesk@sau.edu

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