Copyright and Fair Use Guidance for Faculty
Faculty members at Arkansas State University are expected to comply with U.S. copyright law when using, sharing, or creating instructional materials. This page provides foundational guidance and directs instructors to appropriate resources and contacts for further support.
? What Is Copyright?
Copyright is a legal protection granted to creators of original works, including text, images, music, video, and software. It gives the creator exclusive rights to reproduce, distribute, perform, display, or license their work.
Key Points:
- Copyright applies automatically upon creation.
- It protects both published and unpublished works.
- Infringement can occur even if the use is educational.
✅ Fair Use and Related Laws
Fair use allows limited use of copyrighted material without permission under specific conditions. It is determined by four factors:
- Purpose and character of the use (e.g., educational, nonprofit, transformative)
- Nature of the copyrighted work
- Amount and substantiality of the portion used
- Effect on the market for the original work
Examples of potential fair use:
- Quoting small portions of a text for critique or commentary
- Using brief clips in a lecture for analysis
- Displaying images in a classroom setting for educational discussion
? TEACH Act: Copyright in Distance Education
The TEACH Act supports the use of copyrighted materials in online and distance education under specific conditions. Faculty must ensure:
- The institution is nonprofit and accredited.
- Materials are lawfully acquired.
- Use is part of mediated instructional activities.
- Access is restricted to enrolled students.
- Technological safeguards prevent retention and redistribution.
? DMCA: Institutional Responsibilities
The Digital Millennium Copyright Act (DMCA) primarily affects how institutions manage digital content and respond to copyright claims. While not directly applicable to most faculty activities, it's important to be aware of its implications:
- Faculty should avoid uploading full copyrighted works (e.g., movies, music, eBooks) to LMS platforms unless rights or licenses are secured.
- Unauthorized uploads to platforms like YouTube may trigger takedown notices.
- A-State must maintain policies and procedures to respond to DMCA claims and protect institutional and individual rights.
? Best Practices for Faculty
When preparing course materials:
- Use A-State licensed resources (e.g., library databases, Kaltura videos).
- Link to content rather than uploading full copies.
- Prefer Creative Commons or public domain materials.
- Consult with library staff for copyright-friendly alternatives.
- Seek permission when in doubt.
? Further Reading and Resources
These resources offer deeper insights into copyright law and fair use in educational settings:
- Copyright Law and Compliance in Education Presentation Power Point - June 15 2015
- Keeping it Legal: Current Issues in Copyright presentation by Retired ASU Leagal Counsel, Lucinda McDaniel
- Dean B. Ellis Library Copyright Resource
- U.S. Copyright Office
- American Library Association
- Conference on Fair Use (CONFU) - Final Report (Nov. 1998)
- Fair Use Summary Chart
- Open Copyright Education Advisory Network (OCEAN)
- Prints & Photographs: Copyright and Rights and Restrictions Information – Library of Congress
- Navigating Copyright & Fair Use as an Educator - Learning Technology Center
- Copyright Alliance
? Who to Contact
If you have questions about copyright compliance, fair use, or need legal review of instructional materials, contact:
ASU System Office of General Counsel
? 501 Woodlane Drive, Suite 600, Little Rock, AR 72201
? (501) 660-1008
? bphelps@asusystem.edu
? General Counsel Staff Page