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Copyright for Educators
Copyright law provides educators with a separate set of rights, in addition to fair use, to display (show) and perform (show or play) others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium.
The TEACH Act covers works an instructor would show or play during class such as movie or music clips, images of artworks in an art history class, or a poetry reading. It does not cover materials an instructor may want students to study, read, listen to, or watch on their own time outside of class. Instructors will have to rely on other rights to post those materials, such as the fair use statute, or obtain permission for the use of the materials from the publisher or author.
Are we covered for the reuse of materials since we're an academic institution?
No. Not everything is covered. However, The University of Texas System has purchased an Annual Copyright License with RightFind Academic. This license permits the reuse of most text-based content for electronic courses as well as for classroom handouts, library reserves, e-mail, research collaborations, and administrative communications. This license covers most academic and research-related uses of content, but it does not cover promotion, advertising, or cover-to-cover copying of textbooks, journals, or other materials. The RightFind Academic license is separate from the complex licenses that provide access to journal content and are managed by the Research Medical Library at MD Anderson.
How can I find materials that I can reuse?
First, search RightFind Academic to determine if the material you wish to post for your students is covered under the licenses listed. Follow these steps:
- Search for the journal title at RightFind Academic.
- Review the license in the "How can I use this copyrighted content?" box.
- If the journal is not covered, select "View more uses," where you will find an option to purchase copyright permission under the Price and Order options.
Ask the library for help navigating RightFind Academic.
Next, it’s always good practice to review the four factors of fair use for each work you plan to share. Always ensure that the reused work is relevant to the content of the presentation; that you’re reusing only a small portion of the work; that the work will not be used commercially; and that your use of the work will not affect the owner’s ability to earn money.
What should I consider before sharing material with learners?
Here are some best practices to review before sharing materials with learners:
- Who is sharing and why?
Only use the work online if it is relevant to the content of the course. In other words, don’t include a song, cartoon, or video unless it clearly furthers the learning process.
- How accessible are the materials?
- Use materials that are freely and legally available online or available through library or institutional licenses.
- All course materials should only be available to learners. TThey should not be made available on a public website or to those outside the course.
- Course materials should only be accessible through the end of the course.
- How much are you sharing?
- Share only a portion of the work online (a single image, graph, table, chapter, or article).
- When sharing books and articles online:
- Link directly to the book or article.
- Don’t post the full PDF version of the book. In addition, don’t post the book chapter by chapter. This is most likely a copyright infringement.
Be sure to inform students about their responsibilities when it comes to copyright. If you would like a special educational session on this topic, contact the library.
How can I find images and figures to reuse for educational sessions?
- Open-access materials are a great source and are usually fine to use as long as you cite them properly. Look for academic articles that are labeled “open access,” and be sure to review the copyright license before reusing.
- Review RightFind Academic for permission to reuse materials to “post in a course-management system” or “display in a presentation within your institution”. Keep in mind that “educational use” refers to internal education rather than to presentations or classes given to external audiences (i.e., conferences).
- If you find a source that is not open access and not included in RightFind Academic, follow these steps:
- Review the four factors of fair use for each image you reuse.
- Reuse only a small portion of the work. For instance, reuse one image or graph versus multiple images or graphs from the same article.
- Allow the work to be viewable only to attendees of the educational event or course. Don’t post the work on an external website.
- Cite each work.
Here are a few library-licensed databases that allow reuse of images, graphs, and text for educational purposes.
- ClinicalKey – MD Anderson staff can use a reasonable portion of individual book chapters. Works should be cited appropriately.
- McGraw Hill (AccessMedicine) – MD Anderson staff can use a reasonable amount of photos or illustrations for presentations for educational purposes. Works should be cited appropriately.
- Additional image resource tools are here: A-Z Databases: Images