Posting copyrighted materials online

On this page:

• Introduction
• Alternatives under the law
• Linking to databases and the web
• Works in the public domain
• Fair use and other statutory exceptions
• Alternatives for information delivery

Introduction

Using the web to make instructional materials available to students can raise many copyright issues. The following information addresses issues surrounding the copying, posting, and other uses of copyrighted works, such as articles, book chapters, sound recordings, and visual images. This information will introduce users of online course management systems to the options for making materials available while staying within the law.

Note: Much of the information in this document came from the former Copyright Management Center at IUPUI.

For help with copyright issues related to teaching, contact your campus teaching and learning center; see How do I contact the teaching and learning centers at each IU campus? For further information and resources about copyright, see:

Alternatives under the law

Current copyright law gives legal protection to nearly all readings, text, images, audiovisual recordings, and other materials that instructors or students might want to use, even if the original works do not include any statement about copyright. Copying and posting copyrighted works may in turn violate the legal rights of copyright owners. Nevertheless, instructors have several alternatives under the law as they make copyrighted works available online. These alternatives include:

• The material is made available by linking rather than copying, or
  
  
• The copyright owner of the material grants permission, or
  
  
• The material is in the public domain, or
  
  
• The use of the material is "fair use" under the law, or
  
  
• The use falls within another statutory exception.

Linking to databases and the web

Simple linking to materials that are available on the Internet or in databases is often feasible, efficient, and legally sound, without raising significant copyright questions. University libraries provide access to numerous full-text databases, and librarians often have negotiated licenses that permit linking, printing, and other necessary uses in the educational setting. University librarians can help instructors locate materials and make links.

Works in the public domain

The copyrights in many early works have expired, leaving them without restrictions on copying, uploading, and many other uses. Most notably, works published in the United States before 1923 are in the public domain. Copyrights on more recent works may also have expired, but the law requires individual scrutiny of each work. In addition, broad categories of works, such as works originally created by the US federal government, have no copyright protection at any time. For more information about the public domain, see former IU School of Law Professor Kenneth D. Crews' white paper The Expiration of Copyright Protection: Survey and Analysis of U.S. Copyright Law for Identifying the Public Domain.

Fair use and other statutory exceptions

Copyright law includes many statutory exceptions to the rights of owners, and fair use is the best known and the most important for education. Fair use allows instructors to make limited use of copyrighted works without permission. Fair use is important for meeting educational needs, and it can be essential when permission is not forthcoming and the materials are not available by other means. For guidance in understanding and applying fair use and other statutory exceptions in instructional settings, see the Teaching and Learning Technologies Centers' Fair Use page.

Alternatives for information delivery

Instructors may want to explore various alternatives for information delivery, including some familiar options:

• Electronic and print reserves: Many university libraries offer these services for making materials available to students on campus and at a distance.
  
  
• Coursepacks: Photocopies of materials are often a feasible alternative. Students may purchase the copies from the supplier or from campus bookstores.
  
  
• Textbooks: Having students purchase published works through the bookstore is often the most practical method, especially when assigning substantial reading from books.

Also see:

• What happens if I receive a copyright infringement notice, and how can I avoid it?
• What is the Digital Millennium Copyright Act?
• What is the No Electronic Theft Act?