Copyright has no one size fits all approach
EVERY SITUATION IS DIFFERENT
What you need to succeed:
Below are some of the questions you should be asking yourself when considering whether or not to use a work and be copyright compliant.
IF YOU CAN ANSWER YES TO ANY OF THESE QUESTIONS YOU CAN USE THE WORK.
Additionally, there are resources provided in each section that you can turn to for help in answering each one of these.
Remember that any of these criteria are contingent upon whether or not you acquired a work lawfully. You are liable for copyright infringement! You cannot use in your instruction any materials that you acquired unlawfully, or that you know or suspect a colleague acquired unlawfully!
If you are the owner of a copyrighted work, you have exclusive rights to share, modify, distribute, or perform/ display (U.S. Code Title 17, Section 106). No matter what you do with the work you will be always be compliant with copyright law!
However, be careful because you do not own the copyright if you produced the work as a work for hire, or if you transferred ownership of the copyright to a third party.
Not sure if you're the owner or want to know more about copyright ownership? See the resources below:
So... PRACTICE DUE DILLIGENCE!
Need more sources on the public domain? Check out the resources below:
Make sure you are aware of any licenses. Always investigate!
For example, many works have automatically purchased licenses: software, DVDs, music, etc.
Some creators now choose to make their own licenses. Below are some examples of this new type of licensing that you may encounter:
Most of the Health Sciences Library's licenses for electronic resources (journals, databases, eBooks) allow for use in the classroom.
If the license does not allow you to use the material, and fair use does not apply (see #4), then you will need to obtain permission, or pay royalties (see #6).
Want to better understand how licensing works? Check out some of the resources below:
Fair Use: Remember that, just because the use is for education, that does not necessarily make it fair use.
The use must be for criticism, comment, news reporting, teaching, scholarship, or research (U.S. Code Title 17, Section 107).
Then there are four factors you need to consider:
Works permitted in face to face instruction under fair use are also allowable in SECURED online courses.
Statutory exemptions, especially fair use, can be the most difficult part of determining copyright regulations. The law is complicated, as well as vague, and necessitates that users make a variety of judgement calls. It is very helpful to read up on the topic, so you may find the resources below useful:
Try out some of these handy tools:
THE TEACH ACT:
The Technology, Education, and Copyright Harmonization Act (TEACH Act) creates a framework for the use of "certain performances and displays for education uses" in ONLINE (not face-to-face) education (Subtitle C of Title III of H.R. 2215.)
If your institution meets all criteria to be TEACH Act compliant, this allows what can be shared in the online environment to align more closely with what can be shared in face-to-face instruction.
What you can share:
(Source: Subtitle C of Title III of H.R. 2215.)