No, not without permission of the copyright owner. Materials posted on the web could be accessed by people all over the world. In effect you would be distributing the information freely and broadly, thus affecting the market for that work (fair use factor #4).
If you do request permission from the copyright owner to place the work on your website, the copyright owner may require that you limit access by password or some method of encryption to protect against unauthorized access or illegal copying.
An exception: Works in the public domain could be reproduced on a web site without infringing on someone’s copyright.
Yes, you can do both from your own website.
Be careful how you link to these articles. You will want to use the “official URL” to link to an item, not the temporary “session URL” provided when you use the database. See how the journal or database cites the article to determine the correct URL to link to.
If you’re linking to an article only available through a subscription journal or database, only those with authorized access to that journal or database will be able to view the article. Visit the library website to see available online journals and databases, or ask a librarian if you need help finding full-text online resources.
Possibly. Certainly, limiting access to students in a particular class makes a better case for fair use, but even in limiting access, you still have to consider the four fair use factors and the guidelines for limited access.
You do not need permission to post materials on Courses if:
It is best practice to link to the material whenever possible, rather than making and posting a copy.
And, remember: if it’s not permissible to distribute copies of articles, images, or other copyrighted materials in paper format, then it’s not permissible to distribute them in electronic format.
Whether students will be expected to read the material inside or outside of class affects which exception to copyright law is appropriate and what you are permitted to do. Before making copies, you should check whether course readings can be made available through the library. If the material you wish to distribute has already been licensed by the library, you will likely not need to worry about getting permission. Consider putting it on reserve in the library which doesn't require permission from the copyright owner.
If you want to distribute multiple copies directly to students, you probably need permission. You can get permission from the copyright owner.
E-Reserves or Digital Reserves Best Practices for Copyrighted Material:
Find out more about Oxy's policies for putting articles, books and media on reserve.
If you create the test or worksheet and retain the copyright, yes, you can copy this.
However, tests and worksheets may also be under copyright, and you will need to get permission of the copyright owner to copy and distribute them. The reason for this? According to copyright expert, Kenneth D. Crews:
"Publishers often produce and sell workbooks with the expectation that they will be fully consumed and repurchased with each use. Copies can undermine the copyright owner’s expectations."
In other words, copying tests and worksheets without permission impacts the potential market for sale of such materials.
Good question. It can be challenging to determine whether you can use copyrighted works and when you need to get permission to use them. Fair use, “safe harbor” provisions in the Digital Millennium Copyright Act of 1998, and the TEACH Act of 2002 come into play when using copyrighted materials for distance education courses.
No. Fair use is a complicated concept and the general answer to any question about fair use is “maybe.” There are some very definite restrictions to using copyrighted materials even under fair use guidelines. In general, you should consider the four fair use factors from Section 107 of the U.S. Copyright Law:
One of the best rules of thumb about fair use is whether or not you are confident that the use is permitted. If you are not absolutely certain your use is a fair use, it is always a good idea to get permission from the copyright owner before using a work.
Yes. According to the Section 110 (1) of the U.S. Copyright Act, performance of or showing films in the classroom (or a similar venue) as part of “face-to-face” teaching at non-profit educational institutions (such as Occidental) is covered under the fair use exception. Viewing must be limited to only those enrolled in the course. Showing films in analogous fashion as part of distance education or hybrid courses also qualifies as fair use under the TEACH Act, which is incorporated in Section 110 (2) of the U.S. Copyright Act.
There are noteworthy exceptions pertaining to remote locations and unlawfully acquired or made copies of audiovisual materials. See the Association of Research Libraries (ARL) “Performance of or Showing Films in the Classroom” for further advice and examples.
In some cases, yes. Performance of or showing films in a similar venue (i.e., not necessarily a classroom) for face-to-face instruction is covered under the fair use exception. Showing films in a similar fashion as part of distance education or hybrid courses also qualifies as fair use under the TEACH Act, which is incorporated in Section 110 (2) of the U.S. Copyright Act. In both cases, the display or performance must be limited to those enrolled in the course. The display or performance cannot be open to the public or freely available via the Internet.
No, this is not fair use. The performance of or showing of films for public viewing (whether admission is charged or not) or even by University-affiliated clubs and organizations does not fall under the fair use exception. In these cases, you will need to seek permission from the copyright owner by acquiring a public performance rights (PPR) license in order to show the films.
Generally, there is a charge for a PPR license, one that can range from $50 to $1,000, depending on the work and the copyright owner.
Acquiring PPR can take time and cost money. Some educational films, when purchased, may already have public performance rights; however, just because the film is educational in nature or produced by a non-profit organization does not guarantee PPR are included. Additionally, commercial films (e.g., Hollywood-produced movies) are not purchased with public performance rights; this permission must be acquired separately.