Why has Drew adopted a copyright policy at this time?

The U.S. Higher Education Opportunity Act and the TEACH act require universities to have copyright policies and a copyright education process.

Do I have to fill out a Fair Use Checklist for every copyrighted work I use?

Use of the fair use form best protects the University.  A  contemporaneous record of your decision-making can document the factors you considered and the weight you attached to those factors.  This type of documentation can be helpful, and even persuasive,  should litigation ensue.

How will this affect Coursepacks?

Each article you submit for a coursepack must be accompanied by a copy of the Copyright Certification form (Word version; pdf version), and, if necessary, a Fair Use checklist. These forms will be duplicated in your coursepack.

What are the restrictions on video in the classroom?

In a classroom setting with face to face teaching, any legally obtained video can be used, IF:

  1. The video (or portion used) is integral to the course presentation
  2. The audience is limited to the people enrolled in the class (rather than an ‘open showing’ for the campus)
  3. It occurs as a scheduled part of ‘face to face’ teaching in an instructional setting.
Media Library videos:
  1. All videos currently owned in the Media Library are available for use in the classroom.
  2. Some, but not all, videos are also licensed for public performance and/or DrewTV showing. Please ask library staff to check on the licensing if planning to use Media Library videos outside face-to-face teaching.
  3. All Media Library videos can be placed on reserve for students to watch individually in the library on the library video equipment in LC16 or on personally owned laptops in the library, if they have the correct viewing software. (The library does not provide technical support for playing videos on personal computers.)
  4. The Library maintains its media collection for use on Library Reserves and for classroom use only. Should you wish to plan for a public showing, the library has neither the staff nor the budget to provide Public Performance Rights (PPRs.)  It is the responsibility of the academic department or club to locate and acquire the necessary rights.  Currently, the office of Student Activities can provide assistance in this. On rare occasions, DVDs are offered for sale only with PPRs; the library will, on those occasions, purchase these, including the licenses and absorb the cost to the extent that the budget allows.   
Personally owned copies of videos
  1. Legally obtained personal copies of videos can be used in the face-to-face classroom or placed on reserve.
  2. In order to show personal copies of videos on DrewTV or in a public (non-classroom) setting, proof of appropriate (public performance and/or broadcast) licensing must be obtained.  Library Acquisitions staff can assist in obtaining licensing---fill out the Media Library request form.
Streaming video
  1. The library has subscriptions to a number of ‘streaming video’ services that allow Drew users to watch certain videos online. Whether the video service must be accessed through Moodle or not depends on the license; videos available from the Library’s subject databases (BBC Shakespeare, Black Studies Center, etc.) can be linked to directly. Drew userid and password will be required for (individual) off-campus use when available. Contact Dorothy Meaney to find out more.
  2. Videos available on the open internet may be shown in the classroom and *linked* to from inside Moodle. Please do not store videos obtained from the open internet on Drew resources such as Moodle without obtaining appropriate licensing (such as Creative Commons).

How do I make sure that my use of Moodle and the K: drive is in compliance with copyright law?

Any scanned materials posted in a Moodle course site or a K: drive folder must fall under the definition of fair use as described in the Copyright Policy ( https://uknow.drew.edu/confluence/display/copyright/Drew+University+Policy%2C+Use+of+Copyrighted+Materials#DrewUniversityPolicy%2CUseofCopyrightedMaterials-FairUse ), or have the appropriate permissions.

By default, course sites in Moodle and course folders in the K: drive limit access to students enrolled in a course. To remain in compliance, do not make a Moodle course available to guests (without a password). Doing this opens the course to the public and is therefore in violation of copyright law.

You  can also link to articles in electronic journals and ebooks provided by the library from inside Moodle. Talk to your subject librarian and/or follow the instructions on Linking to E-journal articles to do so.

Is it legal to provide my students with links to material on another site?

As a general rule, as long as you are linking to the material on the site of the provider, rather than downloading and recopying the material, yes.

Things to avoid:

  • downloading and redistributing another site's content via email or drew servers.
  • Deeplinking by bypassing identifying information, ads, or access restrictions.

What about material that the library subscribes to electronically?

We suggest that when sharing Drew Library owned material, you provide students and colleagues with links to the online site rather than downloading and/or forwarding the articles. For more information, see Library Online Resources - Intellectual Property.

How can I get permission to use copyrighted material?

Faculty and staff are responsible for seeking their own permissions, except in the case of Interlibrary Loan requests, where copyright permissions are handled by the ILL office.

When seeking permission to use material, you will need to contact the copyright OWNER (who is often not the author or creator) to get permission, so the first thing will be to determine who the owner is.  Look at the copyright and permissions sections of the published work to determine ownership.  Only in cases where the author has retained copyright should you request permission from the author. The Copyright Clearance Center (copyright.com) will also often be able to either tell you who the owner is or sell you a license themselves.

Requests for copyright permission should be

  • In writing
  • Sent as soon as possible to ensure plenty of time for response from the copyright owner.
  • Sent to the copyright owner
  • Include the full citation information for the item to be used, including page numbers
  • Describe fully and accurately the situation for which you are seeking permission (classroom use, print reserve, online reserve, publication, etc.)
  • Documented with a copy in your files.

What do I need to do to put something on the library reserve?

See the Drew University Library Reserves - Guidelines for Compliance with U.S. Copyright, https://uknow.drew.edu/confluence/x/LALJAQ .

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