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Copyright in UC (Online) Courses: some copy on copyright.

Feel free to copy, edit, enhance and use this in any format if it is helpful.  This was written for UCSB instructors and has been made available in different formats (in discussion posts, as folder notes) in several online courses for UCSB instructors.  Thus references to UCSB will need to be changed. (Kim DeBacco, UCSB)

Copyright is one delicate, gray area. There is no one correct answer, and no consensus. Search for copyright advice on the web and you will enter a tangled nest of legalese with no final answers.  Instructors have been violating copyright laws for decades. Now that we are moving a lot of our work to the web, our practices are becoming visible.

The rule of thumb is "Fair Use" which centers (notionally) on 10% or one chapter of a book (questionable) or 3 mins digital audio-video (whichever is less). Authors must be attributed. The instructor (not the institution, not the Davidson library nor the instructional support team) is ultimately responsible for copyright violation.  You can find information and links on our UCSB ID copyright website. The checklist process at Columbia University (http://copyright.columbia.edu/copyright/fair-use/) points to the many variables that determine your decision as an instructor about this.

Readings, papers, articles, reports, videos, etc.:  Just because it is in Moodle (LMS) is not a guarantee you can use whatever material you like.  Moodle (LMS) is not a defense if you violate copyright.  If you can link to scholarly articles via JSTOR or the (campus) library, then that is the wisest option.

Respect the author/s: If you really need to use someone else's work, you can try asking the owner's permission - which for books and journals means writing to the publishers. Determined instructors might also check out the Copyright Clearance Center: http://www.copyright.com/

Regarding posting extracts from TEXT BOOKS, we at UCSB have been able to establish that: The prevailing opinion is that in MOST cases the use of ANY part of ANY textbook which is actively for sale does not fall into the category of fair use.

Use the Colombia University Fair Use checklist (fairusechecklist.pdf) to help you decide if your planned use of a text or artifact is fair. Add up your check marks and see which way your decision falls.

Other links and resources on Copyright in the University of California (provided by Sheryl Hathaway, UCI)

UCI Libraries: Copyright, Copyleft; navigating paths to access in the digital age
This guide will help you understand how to access and redistribute freely useable information online.

UC Copyright FAQ
A resource for the University of California Community

UC Copyright Technical Transfer
University of California's public service mission is to ensure that the results of its research are made available for public use and benefit. This "technology transfer" is accomplished in many ways: through educating students, publishing results of research and ensuring that inventions are developed into useful products in the commercial marketplace for public use.

COMIC BOOK: Tales from the Public Domain: BOUND BY LAW?

Bound by Law translates copyright law basics, including the line between fair use and copyright infringement, into an accessible art form.

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