Change in Policy and Practice for Online Instruction
When online classes were first scheduled through the college, a review of Fair Use and the TEACH act, as well as emerging policies from other institutions, led us to a liberal policy. However, based on a more current review with new administrators and current practice among some of our peer institutions, Drake Memorial Library’s policy is that physical material (works on DVD , Blu-ray, CD, VHS tape, vinyl, print book, microform, etc.) must have a license or copyright permission before we can convert the entire work.
Fair use will continue to allow faculty to use small portions of works, including up to a chapter of a book, in an online setting.
Class Format Matters
Courses at SUNY Brockport can be offered in one of three formats:
- Face-to-face
- Hybrid
- 100% Online
The amounts and types of copyrighted material, and the forms in which you can use them, vary between Face-to-face/Hybrid and Fully On-line.There are exceptions to copyright guidelines to make it possible for faculty teaching students who are distant and possibly asynchronous, to assure that their class experience is comparable to that of students who meet with their professor, even if it’s only one or two meetings a semester. Materials that would normally be viewed within a classroom setting, such as a section of a movie or piece of music, may be eligible for conversion to a digital format for use in an on-line class. Contact your campus Copyright Liaison, Mary Jo Orzech, for further guidance.
What is the TEACH Act?
The Technology, Education and Copyright Harmonization Act makes it possible for instructors to use a wider variety of formats in distance learning environments, and qualifying institutions have greater latitude in storing, copying and digitizing materials.
This act is meant to allow a greater range of materials to be used in on-line and distance education classes. If you are teaching in a classroom, this legislation does not apply; you will follow the guidelines under Fair Use.
How Does it Affect my Use of Materials?
According to the Copyright Clearance Center, in order for copyrighted materials to qualify for use under the TEACH Act, the following criteria must be met:
- The institution must be an accredited, non-profit educational institution.
- The use must be part of mediated instructional activities.
- The use must be limited to a specific number of students enrolled in a specific class.
- The use must either be for ‘live’ or asynchronous class sessions.
- The use must not include the transmission of textbook materials, materials “typically purchased or acquired.”
Course Packs
Some faculty like to use course packs for a variety of reasons. However, unless the material you included is:
- The faculty member’s own work to which he/she retains copyright;
- Open source material, and identified as such within the course pack
- Material not under copyright, such as:
- Items published before 1923 and in the public domain
- U.S. government publications
You must obtain permission to use each item (journal article or part thereof, book chapter, images, charts, tables, etc.). Drake Library does not offer this service for you, nor can you generally use library funds designated to purchase materials for your department.
Streaming Movies and Video
Drake Memorial Library subscribes to several services that provide free streaming access to a variety of materials.
External Resources
Reproduction of Copyrighted Works for Educators & Librarians
Very thorough guide to what can or cannot be done in various classroom situations
Fair Use Resource Guide
Can help you to determine whether you can use the item without seeking permission.
TEACH Act
Another thorough guide on how to use the TEACH Act.
American Library Association Copyright Advocacy Page
Includes information on use of materials during the current pandemic.