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Faculty Toolbox for the CBC Library

Use this guide to determine the best way for you to integrate librarians into your instruction

Introduction to Copyright

The U.S. Copyright Office defines copyright as legal protection for the original author of a creative work.  

Copyright law gives the owner of the work the exclusive right to:

  • reproduce the work in copies or phonorecords (audio recordings)
  • prepare derivative works based upon the work
  • distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  • perform the work publicly, in the case of literary, musical, dramatic, an d choreographic works, pantomimes, and motion pictures and other audio visual works
  • display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a mot ion picture or other audio visual work
  • to perform the work publicly by means of a digital audio transmission (in the case of sound recordings)

(Copyright Basics, P.1)

*For any work created after 1978, an individual has the exclusive right to that product for the remainder of their lifetime, plus an additional 70 years. For media created by a corporate entity, copyright duration is 95 years from the date of publication, or 120 years from the date of creation (whichever is shorter)

Faculty should make all efforts to abide by copyright law, as outlined in CBC's Copyright Policy.

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Copyright law is found in Title 17 of the United States Code.

In addition to the full text of the Copyright Law of the United States, a great deal of additional information on copyright can be found on the website of the United States Copyright Office.

What Can Be Copyrighted?

Copyright protection attaches automatically to original works of authorship fixed in a tangible medium of expression. Originality requires that the work was created independently (i.e. not copied from another) and that it embodies a minimum amount of creativity. To be fixed in a tangible medium of expression means that the work can be perceived either directly or by a machine or device such as a computer or projector. (https://www.copyright.gov/circs/circ01.pdf). These categories are broadly interpreted to cover emerging forms as well.

Copyrightable works include the following categories:

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

These categories should be viewed broadly. For example, "literary works" includes novels, poetry, compilations, and computer programs. "Pictorial, graphic, and sculptural works" includes images, photographs, paintings, maps, charts, and architectural plans.

Limitations and Exceptions to Copyright

Effectively, copyright lasts forever in regard to use by anyone not holding the rights. It is against the law for anyone else to violate these privileges, but they do have limitations. Examples relevant to educators include:

  • Expiration of the copyright – If the work has fallen into the public domain, it is freely available to be used, reproduced, or modified.
  • Any government publication (including audio and video recordings) is automatically in the public domain.
  • Section 108: Library exceptions – Under some circumstances, libraries may create one copy of a copyrighted work for archival purposes, as replacements, if a work is out-of-print, or as a loan to another library.
  • Section 110(1): Displays and performances in face-to-face teaching — Allows for the performance and display of copyrighted materials in the course of face-to-face teaching at nonprofit educational institutions.
  • Section 107: Fair Use – Under certain circumstances, copyrighted materials may be “fairly used” by individuals other than the copyright holder.
    • See the subpage on this guide for more information about Fair Use!
  • Section 121: Special formats for the blind or other people with disabilities — Organizations that serve the disabled can reproduce or distribute copies of previously published, nondramatic literary works in specialized formats for use by the blind or other persons with disabilities.

Other exceptions which fall into the public domain:

  • Ideas, theories, concepts
  • Procedures, methods, processes
  • Titles, names, short phrases and slogans, familiar symbols or designs, variations of type styles, lists of ingredients
  • Facts
  • Works consisting entirely of information that is common property and containing no original authorship (e.g. standard calendars, height and weight charts, tables taken from public documents)

Best Practices for Online Teaching

  1. Utilize your librarians.
    • They can help you ascertain the copyright restrictions for materials, seek out permissions, or if necessary, help you to find alternative content to use.
  2. Use materials which are already licensed for classroom use.
    • Link to library resources! Avoid downloading and posting articles when possible--it's a clearer case for using materials in their entirety when you simply link to the library's access.
  3. Seek out and use resources which have minimal (or no!) restrictions for remixing and reusing. 
    • Government materials are never copyrighted
    • Open Educational Resources (OER) are explicitly made with the intention for some degree of re-use/sharing and possible remixing. Your librarians can help you find these resources!
    • Works in the public domain include things which were never copyrighted or whose copyright has expired.
    • Whenever possible, create your own resources! If you are using materials you have published, make sure you own the copyright!
  4. Always identify the copyright owner and the listed restrictions.
    • For websites and subscription services, be sure you read through the Terms of Use or Terms of Service.
  5. Ask for permission.
    • Many times it's as easy as this! If you can't find the copyright permissions or you want to use a work which has copyright restrictions, try reaching out to the copyright holder, owner, or author to get special (written!) permissions to use the entire works in special circumstances.
  6. Be familiar with the Four Factors and the TEACH Act.
    • See the subpage on this guide for more details regarding the Four Factors and TEACH Act which help guide Fair Use of materials.
  7. Link to materials instead of downloading them.
    • Instead of downloading and posting materials, post the link which takes students back to the site where the item is legally posted.
  8. Cite them!
    • Always give credit by including the attribution any time you use any outside material in your courses.

Contact Us

509-542-4887 library@columbiabasin.edu 2600 N 20th Ave, Pasco, WA. 99301