Copyright Guidelines for Online Courses

The guidelines below focus on copyright issues for teaching materials -- text, images, music, video, etc. -- inside the online classroom.

Disclaimer

Information on this page is intended to provide guidance to faculty in making efforts to uphold copyright laws.

For basic copyright questions, contact your subject librarian or Karen Vaughan, kvaughan@odu.edu, Head, Scholarly Communication & Publishing, ODU Libraries.

Specific questions should be directed to University Counsel.

General Guidelines

  1. Create original content whenever possible.
  2. Assume that most works you want to use are copyrighted and need permission. Always check for clear copyright statements or terms of use. If in doubt, obtain permission from the content creator.
  3. Seek and obtain permission from copyright owners for using copyrighted material beyond fair use.
  4. Use licensed resources provided by ODU or openly licensed materials such as Open Educational Resources (OERs), with proper compliance.
  5. Provide proper attribution by citing sources.

Can I use this for my online class?

Is it in the public domain?

A work is in the public domain if one of these following conditions applies:

  • Copyright expired or was never renewed
    • Published before 1928
    • Works from 1928-1963 that were not renewed
  • Works pre-1989 without a notice of copyright
  • Works created by the U.S. federal government
  • Generic information (ideas and facts)

You do not need to seek the creator's permission to use these items with attribution.

See also: Cornell University's extensive chart on public domain works

Does it have an Open License (Creative Commons, OER)?

Creative Commons licenses provide a simple tool for content creators to optimize the sharing and use of their work. The four most commonly used licenses are:

  • CC-BY: Requires attribution; Derivatives and re-use are allowed
  • CC-BY-ND: Requires attribution; No derivatives allowed
  • CC-BY-NC: Requires attribution; Non-commercial use
  • CC-BY-NC-ND: Requires attribution; Non-commercial use; No derivatives

You do not need to seek the creator's permission to use these items if you comply with the licensing restrictions and provide attribution.

More about CC licenses from Creative Commons

Open Educational Resources (OER) are "teaching, learning, and research resources that reside in the public domain or have been released under a license that permits their free use, reuse, modification, and sharing with others." (US Dept of Education, 2017). Many OER creators use the CC-BY license.

OER come in many forms, including textbooks, lesson plans, videos, software, tests, course materials, or entire courses.

Learn how to find and use OER in this ODU Library Guide

Is it Fair Use?

To determine fair use, you need to balance the following Four Factors:

  1. Purpose and character of the use
    • non-profit, educational
    • commentary, parody, transformative use
  2. Nature of the copyrighted work
    • factual material (vs. creative)
    • published (vs. unpublished)
  3. Amount and substantiality of the amount used
    • only use what is necessary to your educational purpose
  4. Effect or potential effect on the market or potential market for the work
    • textbook materials are usually not a fair use

The ODU Libraries' Fair Use Checklist PDF has more details about these four factors. Complete and retain a copy of this checklist for each "fair use" of a copyrighted work in order to establish a "reasonable and good faith" attempt at applying fair use should any dispute regarding such use arise.

If fair use applies, you do not need to seek the creator's permission to use these items with attribution.

Is it available through the University Libraries?

The library licenses many resources that you may link to within Canvas, including articles, e-books, and streaming video or audio.

  1. Check Monarch OneSearch or ask your subject librarian to locate a resource. Some of the library's databases also contain images available for use.
  2. Find the permalink for the materials you wish to use; then copy and paste it.
    1. Make sure the URL includes "odu" or our proxy address for off-campus access:
      http://proxy.lib.odu.edu/login?url=
      if not, add it at the beginning of the URL.
  3. If using the DOI for an article, add the proxy prefix for ODU access. Example:
    http://proxy.lib.odu.edu/login?url=https://doi.org/10.1016/j.joi.2015.11.008

Because these items are licensed by ODU libraries and require a login to access, you do not need to seek the creator's permission to use these items with attribution.

The video below from the U.S. Copyright Office (Learning Engine Series) explains the exceptions and limitations under copyright law for using other people’s works for educational purposes.

Seeking Permission

If the work is not in the public domain, does not have an Open License, and is not available through the ODU libraries, or if Fair Use does not apply, then you must seek permission from the copyright holder. 

You also need to seek permission if the work is being used for entertainment or commercial activity, the work is unpublished, or the entire source is being used.

  1. Identify the copyright owner or creator and their contact information. This is not always an easy task and can be time-consuming.
  2. Send a request for permission to use the work. (Columbia University has useful sample letters for this purpose.) Your request should include:
    1. a citation to the work;
    2. the portion you wish to use;
    3. the purpose of your use (e.g., course reading);
    4. the period of time you will use it (e.g., one or multiple semesters);
    5. how many students will use it; and
    6. where student swill access it (e.g., secured learning management system, Canvas).
  3. Once you have permission in writing (can be email), save a copy for future reference.

If you do not get a response or cannot afford the fees, double check your Fair Use review or consider using a different source. Do not link to a site that you have reason to believe is violating copyright law.

TEACH Act

The TEACH Act allows digital copies in course management systems (i.e., Canvas) as long as:

  • Access is restricted to students registered in the course
  • Material includes a notice that it is copyright-protected -- Example:
    • Warning concerning copyright restrictions: The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material. If electronic transmission of reserve materials is used for purposes in excess of “fair use,” that user may be liable for copyright infringement.
  • Technological measures prevent the material from being retained after the course is over
  • Only limited portions of audio or video are used -- streaming is ok.