Copyright
This policy will concentrate on the use of Copyright and fair use. The Eastern Illinois University faculty, staff, and Â鶹´«Ã½ will respect the Copyright of the original works of the author.
The goal of the Copyright Act of 1976 is to protect original works of authorship for a period of time. Types of work protected include: literary works; musical works (including any accompanying words); dramatic works (including any accompanying music); pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works.
Fair use is an important exemption to Copyright protections for educational settings; it allows unlicensed use of Copyright-protected works in certain situations. Educational purposes, however, do not guarantee fair use exemption.
Four factors to determine if use is fair:
- Purpose of use (commercial or educational?)
- The nature of the work
- The amount of the material used
- The effect of use on the potential market for or value of the work
The TEACH Act has given additional clarification for distributed education and classroom experiences.
Guidelines
- Must be an accredited non-profit education institution.
- Must be part of the course instruction activities.
- Distributed to those Â鶹´«Ã½ who are enrolled within the class.
- Prevent Â鶹´«Ã½ from copying the material.
- If a digital version exists, an analog copy cannot be converted for educational use.
- Students must be made aware that material is protected with Copyright.
- Ensure that the acquired copies of the works were legally obtained.
- If a work is available online in another source, the educator should link directly to the source rather than copying and placing the work in a learning system.
- Not made available on the open internet. Must be behind a logon, such as the Office 365, D2L or Kaltura.
- Educational institutions must have a policy on the use of Copyright and provide educational resources for faculty advising them on their rights.
Faculty created works
Under the 2018-2022 EIU-UPI Agreement, each faculty member who produces a work has a presumption of ownership to that work and the responsibility to protect his/her ownership rights. Faculty have granted EIU an irrevocable, non-exclusive, royalty-free to use and copy the work for purposes of program administration, assessment, advisement, program accreditation/ assessment of curriculum and facilitating articulation of courses and programs. This grant does not apply to non-producing faculty members themselves. Approval should be used prior to using a faculty member’s work.
Further reading:
Last Date Reviewed: 05/23/2023