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Training for Preceptors

Copyright FAQs

  1. What is copyright?
  2. When does copyright begin?
  3. How long does copyright protection last?
  4. What is not protected by copyright?
  5. What is the "public domain"?
  6. Is material I find on the Internet considered to be in the public domain?
  7. What is fair use?
  8. Must I always obtain permission to use copyrighted material?
  9. What are the benefits of filling out the Fair Use Checklist?
  10. When don't I need to fill out the Fair Use Checklist?
  11. I'm using a copyrighted diagram, table, chart, graph or medical image in my PowerPoint (PPT) presentation and/or handouts. What copyright notice should I include?
  12. Can I use content from a YouTube video in my PowerPoint (PPT) presentation?
  13. Can I use photos or artistic images I find on the Web in my PowerPoint (PPT) presentation?
  14. Can I make a digital copy of an analog DVD or VHS tape to show to my online class?
  15. Are out-of-print works still protected by copyright?
  16. What is the Creative Commons? How can it help me identify useful instructional materials?

1. What is copyright?

The United States Copyright Act of 1976 (Title 17, U. S. Code) established protections for authors of "original works" to prevent their unauthorized use. Original works include literary works, research and reports, artwork, animations, movies and videos, musical works (including lyrics), computer programs, photographs and images, and architectural works. This protection is available to both published and unpublished works.

U.S. Supreme Court Justice Sandra Day O'Connor elaborated on the purpose of Title 17 as follows: "The primary objective of copyright is not to reward the labor of authors, but '[t]o promote the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art."

—Justice Sandra Day O'Connor, Feist Publications Inc. v. Rural Telephone Service Co., 499 US 340, 349 (1991)

 

  1. When does copyright begin?

Copyright protection is automatically extended as soon as something is fixed in tangible form, whether the item is published or not.

 

  1. How long does copyright protection last?

Copyright is legally recognized for the life of the author plus 70 years. In the case of corporate authorship, the term is 95 years from the date of publication or 120 years from creation, whichever is less. During this time, the holder of the copyright retains the legal right to publish, reproduce, perform, display, and distribute the work.

 

  1. What is not protected by copyright?

Ideas, commonly known facts, names, short phrases, titles, URLs, and works in the public domain.

 

  1. What is the “public domain“?

"Public domain" refers to materials that are not protected by copyright and can, therefore, be used freely. Material in this category includes:

  • works with expired copyright (generally speaking, items published before 1923 are in the public domain);
  • works not copyrightable or protected by copyright;
  • works produced by a federal government employee in the course of his or her job;
  • works clearly donated to the public domain.

 

  1. Is material I find on the Internet considered to be in the public domain?

As a rule of thumb, you should consider information on the Internet to be protected by copyright law and treat it accordingly. Just because something is publicly accessible does not mean that it is not protected by copyright.

 

  1. What is “fair use“?

Legal protections for copyright holders are not unlimited. Section 107 of the 1976 Copyright Act identified four criteria that determine whether the use of a work meets the legal provisions for "fair use." A fair use exempts the person using it from seeking permission from the copyright holder:

  • the purpose and character of the use, including whether it's intended for commercial (for profit) or non-profit (educational) use;
  • the nature of the copyrighted work, i.e. whether it has been published, is considered fiction or non-fiction, etc.
  • the amount of the copyrighted work used; and
  • the commercial effect.
  1. Must I always obtain permission to use copyrighted material?

Fair use (Sec. 107 of the U.S. Copyright Act) inherently allows the use of a work without permission from the copyright holder. Tools such as the Fair Use Checklist are designed to assist you in making the determination of whether or not your use is fair; if you determine it is not fair and you still intend to use the work, you will need to seek permission from the copyright holder. Here is one example of a Copyright Permission Form; here is another one.

 

  1. What are the benefits of filling out the Fair Use Checklist?

Fair use of copyrighted materials can only be determined on a case-by-case basis and the faculty member is the best judge of whether their use is "fair" within the provisions of the law. By using this tool to document your fair use analysis, you are demonstrating a good faith effort to assess whether the materials used in your classes meet the criteria of fair use and can be used without permission from the copyright holder.

 

  1. When don't I need to fill out the Fair Use Checklist?

  • You are the copyright holder (e.g. your course syllabus or PowerPoint presentation).
  • You have a signed permission letter from the copyright holder.
  • The material is freely available on the Web, e.g. government information and Open Access articles (but do include a citation to the source).
  • You are posting a link to the article or other item, not making or posting a copy of it.
  • The material is in the public domain and no longer protected by copyright.
  • Diagrams, tables, charts, graphs, or medical images. (See the following question.)

 

  1. I'm using a copyrighted diagram, table, chart, graph or medical image in my PowerPoint (PPT) presentation and/or handouts. What do I need to do?

Information in formats such as graphs, tables, and histology or pathology images tend to be factual in nature; you do not need to fill out the Fair Use Checklist to use them, but you DO need to reference the source on a slide or handout, and include a copyright notice, such as the following:

"This material is copyright-protected and is used in conformance with the fair use provisions of the U.S. Copyright Act. Distribution is intended for students officially registered for this class."

Note:Tables, charts, medical images, etc. from MDConsult, UpToDate, or other sources licensed through the Bastyr library may be used freely with attribution.

 

  1. Can I use content from a YouTube video in my PowerPoint(PPT) presentation?

The videos that are posted on YouTube are protected by copyright, i.e. the creator of the individual video owns the copyright. If you wish to use a video in your presentation or web page, when possible limit the amount of the video shown to a short clip.

If you wish to show an entire video, it is better to link to the video instead of making and embedding a copy of it. Providing a link to a work does not entail making a copy of it and can, therefore, be done freely.

Another option, often easy and effective, is to contact the copyright owner and ask for permission to use the video. Here is one example of a Copyright Permission Form; here is another one.

 

  1. Can I use photos or artistic images I find on the Web in my PowerPoint (PPT) presentation?

Photos and artistic images found on the Web are protected by copyright in the same way as YouTube videos--the copyright is held by the individual posting the photo/image, not necessarily by the site on which it appears (especially true of Google Images, Flickr, Facebook, and other photo sharing sites). The number of slides taken from a particular collection is also a consideration.

As with YouTube videos, linking to a photo or artistic image is different from downloading (copying) or reprinting it; whenever possible, provide a link.

If you do use photos/images in a PPT presentation, limit the number to those absolutely necessary to accomplish your educational objectives, credit the source and include a copyright notice, such as the following:

"This material is copyright-protected and is used in conformance with the fair use provisions of the U.S. copyright law. Distribution is intended for students officially registered for this class."

You can also request permission from the copyright holder. Here is one example of a Copyright Permission Form; here is another one.

Note: faculty can freely use photos/images from sources licensed through the Bastyr library, for example ClinicalKey, Access Medicine and UpToDate.

 

  1. Can I make a digital copy of an analog DVD or VHS tape to show to my online class?

According to the TEACH Act, if a digital copy of an item is available to the institution, that copy must be purchased to be used. If such a copy is not available, you may digitize only as much of an item as is allowed under fair use guidelines.

 

  1. Are out-of-print works still protected by copyright?

Unless the item has entered the public domain, yes, it is still protected. Just because something is out of print does not mean that it is no longer protected by copyright. Copyright currently extends until 70 years after the death of the creator of the work.

 

  1. What is the Creative Commons? How can it help me identify useful instructional materials?

Creative Commons is a non-profit organization that promotes open access to and the sharing of creative work, including images, forms, etc. Creative Commons licensing allows the creator to retain some control over how their work will be used, but still make it widely available. For example, a license may simply require that the user credit the source and not sell or alter the work. More information can be found on their web site.

 

Disclaimer: The content on this site is for information purposes only and is not to be construed as legal advice.