This section describes how you may use documents (book chapters, journal articles, etc.), audio, video, or images in the college’s learning management system (Canvas).
Note: The application of Fair Use to the provision of course readings in particular is a highly contested area of copyright law. The following policy is based upon an extensive lay review of existing case law, opinions published by lawyers, and the official positions of such parties as the Association of American Universities, Association of Research Libraries, Association of American University Presses, and Association of American Publishers. Some aspects of our policy are not given in the text of the law but represent what we believe is a moderate yet assertive understanding of the spirit of the law.
- Best practice is to create a link in your Canvas course to a copy of the work available through the library’s online resources or elsewhere on the internet (Example provided at the bottom of the Instructional Support page). In such cases, no copyright consideration comes into play. Contact your subject librarian if another source is needed.
- If linking is not possible, first review and follow the steps given in the section, “When Copyright Permission is Needed.” Also consult the section, "The Fair Use Exemption" to conduct a Fair Use analysis.
There is one modification to the above: Copies of dramatic literary or musical works, such as stage plays, operas, and audio-visual recordings, may be used “in an amount comparable to that which is typically displayed in the course of a live classroom session.”
If you believe that copyright permissions are required for material that you’d otherwise upload into Canvas, consult with your subject librarian about ways the library may be able to assist with alternatives, such as putting material on reserve. Or you can work with AU Outfitters to provide material as a course pack, and they will obtain copyright permissions.
- If your decision is to post material in Canvas, that material:
- Must not substitute for the purchase of books or other materials readily available on the market for a fair price.
- Must not be copies of works that are marketed “primarily for the purpose of display as part of mediated instructional activities transmitted via digital networks.” (For example, textbooks, course packs, workbooks, or digital educational products (made for the purpose of performance or display for use in mediated instruction.) In other words, where such works already exist for purchase, they should be purchased.
- Must include a notice of copyright, or in the absence of a notice, a warning that the material may be protected by copyright: "This material is made available for the educational purposes of students enrolled in [course] at Anderson University. The material is subject to U.S. copyright law and is not for further reproduction or transmission."
- Must not be made from a copy that was not lawfully made and that you knew or had reason to believe was not lawfully made.
- Must not be provided by means of any activities that would decrypt or otherwise interfere with technological measures already employed by the copyright holder to prevent retention or unauthorized distribution of the work.
- Must provide proper attribution, i.e. a complete citation to the source of the work.
In sum:
- Link out to material available online through the library or elsewhere on the internet whenever possible
- Analyze if the material is under copyright
- Assess Fair Use
- If copyright permission is needed, consult with your Subject Librarian for alternatives