Fair Use and Copyright

Copyright and Fair Use are important factors surrounding the material uploaded and linked to course management systems. This page will provide basic answers to common questions, but do not hesitate to reach out to the librarians with with your inquiries.

the Scholarly Communications Committee (SCC) at UMass Dartmouth developed this page of tips and recommendations for posting material to the campus Learning Management System (LMS), Canvas. This doesn’t address all of the Fair Use scenarios faculty encounter nor does it constitute a policy or legal advice, but we hope that you will find it a great starting place for your questions about linking and uploading content for your students.

Always consider the 4 Factors of Fair Use

• The purpose and character of the work – Fair Use favors educational use. 
• The nature of the work – Fair Use favors educational material over creative. 
• The amount or substantiality of the portion used – Fair Use favors excerpts. 
• The effect of the use on the potential market of the work – Fair Use favors implementation that does not impact profits or the value of the work. 

• Link to library resources when available rather than reproducing copyrighted material (EBSCO or Proquest links preferred) Opt for links to websites and online content instead of making copies. If you need help identifying material that the library licenses, reach out to your library liaison  
• The library subscribes to the streaming service Kanopy which offers a collection of full-length films. Start here when assigning movies. If you need a streaming version of a film not available in Kanopy, contact your liaison librarian.  
• Print reserves are an option in the library for placing materials on reserve that your students can check out for a limited period of time. Interlibrary material cannot be placed in library reserve.
• Ask librarians to help faculty curate lists of materials for courses.

Start by searching the library discovery system Primo to determine whether we have access to the article you need.

The best approach to directing your students to a resource the library owns in the LMS is to use a permalink. Once you locate a book or other resource in Primo, you can easily copy the URL by clicking the "permalink" button. This will help your students to easily navigate back to the correct resource. As a dual benefit, this helps librarians keep more accurate usage statistics.

• Password protection helps to limit audience, but it does not guarantee Fair Use compliance. Avoid posting copyrighted material to other openly accessible websites and blogs.
• Remove expired course materials promptly – It’s a best practice to take down (or remove access to) copyrighted materials for a particular class when the semester ends. Make sure restricted content is available only to students registered for the course and other instructional staff.  
• Avoid posting PDFs of copyrighted material to replace the purchase of that work for cost-savings.  Use library links when possible. This helps us see usage and justify subscription to resources. 
• Try to utilize Open Access or Open Educational Materials (OER)

May I upload the PDF files of articles and chapters that I want to assign my students?

When possible, link to library resources rather than reproducing copyrighted material. It is a good idea to opt for links to websites and online content instead of making copies. If the library collection does not include the materials you need, follow Fair Use best practices when you choose to reproduce copyrighted material.

I tend to reassign the same readings each semester, and I have to use PDF copies for a few of them that are not otherwise available. Should I leave the material posted indefinitely?

If the readings hold traditional copyright, it's a best practice to remove expired course materials promptly – (or remove access to) copyrighted materials for a particular class when the semester ends and make sure restricted content is available only to students registered for the course and other instructional staff.

Does the university have a subscription to any streaming services so that I can link to films from Canvas?

The library subscribes to a streaming service called Kanopy which gives us access to a collection of full-length films. Start here when assigning movies. If you need a streaming version of a film not available in Kanopy, contact the library for options.

I have an extra copy of the required textbook. How can I make it available to my students without making copies for everyone or scanning it to post online?

Print reserves are a great option for placing materials on reserve that your students can check out for a limited period of time. Students can request the book at our Access Services desk.

The library used to have access to a film that I show to students every Fall, but now the link doesn't work. What should I do?

Contact the library.

Open Educational Resources (OER) are teaching and learning materials such as textbooks, quizzes, videos, and more that are licensed under Creative Commons licenses instead of traditional copyright. They may be freely shared and, depending on the license, adapted and updated as needed.