Getting Started

What is copyright?

Copyright is a legal protection provided for “original works of authorship” (US Copyright Office). Copyright does not protect ideas; it protects tangible expressions of ideas. Copyright gives the author exclusive rights to how their works are used, shared, and profited from for a specific amount of time.
Examples of original works covered by copyright law include:
Closed book with solid fillBooks, articles, and poems
Turntable with solid fillMusic and lyrics
3d Glasses with solid fillMovies and TV shows
Palette with solid fillPhotographs and artwork
Check In with solid fillWebsites and software
Teacher with solid fillEducational materials, lecture slides, and handouts
United States Copyright Office – What is Copyright?

Who does copyright belong to?

The creator of the work typically owns the copyright.
If the work was created as part of a job or contract, the employer or institution might own it.
Faculty and students generally maintain ownership of their academic work as part of their intellectual property. 

How long does copyright last?

The length of copyright depends on the date the work was created. The general rule for works created after January 1, 1978 is 70 years after the death of the author(s). After this time, the work enters the public domain.
Works for hire or anonymous works are covered by copyright for 95 years from publication or 120 years from creation, whichever is shorter.
Works created prior to 1978 differ in length and are covered by the United States Copyright Office’s Duration of Copyrights Circular.

What protections does copyright provide for the author?

Copyright gives the authors the rights to:
  • Reproduce and distribute the work
  • Modify or remix the work
  • Post the work online
  • Perform or display a work publicly
  • Transfer ownership of the work

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu

 

Fair Use

​What constitutes Fair Use?

A common misperception is that all use of copyrighted materials in education is considered Fair Use. In reality, there are specific qualifications to meet Fair Use and each usage must be individually assessed.
When deciding if an action qualifies as Fair Use, consider these four factors provided in Section 107 of the Copyright Act
  1. Purpose and Character of the Use
    • Is it for nonprofit educational purposes?
    • Is it transformative (adds new meaning, context, or message)?
    • Is it for Commercial use (less likely to be Fair Use)?
  2. Nature of the Copyrighted Work
    • Using factual or published works like textbooks or articles is more likely to be fair than using creative works like novels or films.
  3. Amount and Substantiality
    • Using a small portion of the work is more likely to be Fair Use.
    • Avoid using the “heart” or most important part of the work.
  4. Effect on the Market
    • If your use could replace the original and hurt its sales, it’s less likely to be Fair Use.
No single factor decides fair use—you must weigh all four together.

What is Fair Use?

Fair Use is a legal exception that allows limited use of copyrighted material without requesting permission. Fair Use is important at educational institutions, where instructors and students often use excerpts from books, articles, videos, and other sources.

Examples of Fair Use

Examples of Fair Use in Education:
  • Quoting a paragraph from a book in a student paper
  • Showing a short clip from a film in class for discussion
  • Using a chart from a study in a lecture slide (with citation)
  • Sharing an excerpt of a reading in a password-protected LMS
What’s usually not considered Fair Use:
  • Uploading an entire textbook to a course site
  • Copying and distributing full articles without permission
  • Showing a full-length movie to a campus group without a license
Tips for Faculty and Students
  • Use only what you need for your educational purposes.
  • Always credit the source.
  • When in doubt, link to the original instead of uploading a copy.
  • Use library-licensed materials whenever possible- they are usually already cleared for educational use.

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu

 

Public Domain

How to Know If something Is the public domain:

1. Check the publication date
2. Look for a Creative Commons Zero (CC0)  license or a public domain mark:
​Logo of the CC Zero or CC0 Public Domain Dedication License – “No... | Download Scientific Diagram 
  Public Domain Mark 1.0 Universal - Wikidata
3. Use trusted sources like:

What is Public Domain?

Public Domain refers to creative works that are owned by the public and free for anyone to use—no permission or payment required. 
What types of works on in the public domain?
  • Copyrighted works whose protection has expired (generally, for most works created after 1978, protection lasts for the life of the author plus 70 years).
·       Materials that copyright doesn’t protect (ideas, facts, titles, discoveries, procedures, and U.S. federal government publications).
  • Most U.S. government publications
  • Works whose authors release them into the public domain
Learn more about the Lifecycle of Copyright
  

​Why public domain is important:

  • Public domain materials are clear to use in course content, presentations, and student projects.
  • Faculty and students can freely copy, modify, and distribute works in the public domain without copyright infringement.
  • Works in the public domain often inspire new works, adaptations, and derivative works

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu

 

Creative Commons

What is Creative Commons?

Creative Commons (CC) is a non-profit organization that provides free legal tools to allow the sharing of knowledge and culture in the public interest. 

Creative Commons Licenses

The Creative Commons license assigned to a resource tells us how it can be used and shared.
A graphic explaining Creative Commons licenses, the icons used for each license, and the terms of each license.

 

There are six different license types, listed from most to least permissive here:

CC BY

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. CC BY includes the following elements:

 BY: credit must be given to the creator.

CC BY-SA

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-SA includes the following elements:

 BY: credit must be given to the creator.
 SA: Adaptations must be shared under the same terms.

CC BY-NC

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. CC BY-NC includes the following elements:

 BY: credit must be given to the creator.
 NC: Only noncommercial uses of the work are permitted.

CC BY-NC-SA

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements:

 BY: credit must be given to the creator.
 NC: Only noncommercial uses of the work are permitted.
 SA: Adaptations must be shared under the same terms.

CC BY-ND

This license enables reusers to copy and distribute the material in any medium or format in unadapted form only, and only so long as attribution is given to the creator. The license allows for commercial use. CC BY-ND includes the following elements:

 BY: credit must be given to the creator.
 ND: No derivatives or adaptations of the work are permitted.

CC BY-NC-ND

This license enables reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator. CC BY-NC-ND includes the following elements:

 BY: credit must be given to the creator.
 NC: Only noncommercial uses of the work are permitted.
 ND: No derivatives or adaptations of the work are permitted.

The CC0 Public Domain Dedication

CC0 (aka CC Zero) is a public dedication tool, which enables creators to give up their copyright and put their works into the worldwide public domain. CC0 enables reusers to distribute, remix, adapt, and build upon the material in any medium or format, with no conditions.

(Content adapted from About CC Licenses - Creative Commons)
© 2019. This work is openly licensed via CC BY 4.0.

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu

 

Common Scenarios

Common Copyright Scenarios for Faculty

Scenario: Posting a journal article in your D2L class
File:Eo circle green checkmark.svg - Wikimedia Commons Allowed if:
  • The article is from a library database that permits classroom use.
  • You link to the article in the database rather than uploading the PDF.
  • Students log into D2L or their library account to access to article
File:White x in red rounded square.svg Not allowed if:
  • A scanned copy of the article is uploaded to D2L without permission or license.
  • A downloaded PDF is emailed to all students.
  • The article is uploaded to a public website for students to access.
Scenario: Showing a film in class
File:Eo circle green checkmark.svg - Wikimedia Commons Allowed if:
  • It’s part of face-to-face teaching.
  • The copy is legally obtained (DVD, library streaming service)
File:White x in red rounded square.svg Not allowed if:
  • Streaming the film from your personal Netflix or Hulu account (unless the films includes PPR, for instance the documentary “13th” on Netflix).
Scenario: Using images in lecture slides
File:Eo circle green checkmark.svg - Wikimedia Commons Allowed if:
  • The images are licensed for reuse (e.g., Creative Commons).
  • You use a small portion under fair use and provide attribution.
File:White x in red rounded square.svg Not allowed if:
  • You copy and paste images from commercial websites without permission.
Scenario: Sharing a chapter from a textbook
File:Eo circle green checkmark.svg - Wikimedia Commons Allowed if:
  • You share a small portion under fair use for instructional use.
  • You link to a chapter from a library-licensed e-book.
File:White x in red rounded square.svg Not allowed if:
  • You scan and upload multiple chapters or the entire book.

Commons Copyright Scenarios for Students

Scenario: Quoting a source in a paper
File:Eo circle green checkmark.svg - Wikimedia Commons Allowed if:
  • You quote a short passage and cite it properly.
File:White x in red rounded square.svg Not allowed if:
  • You copy large sections without citation or permission.
Scenario: Using music in a video project
File:Eo circle green checkmark.svg - Wikimedia Commons Allowed if:
  • You use royalty-free or Creative Commons music.
  • You use a short clip under fair use for commentary or critique.
File:White x in red rounded square.svg Not allowed if:
  • You use a full song from Spotify or YouTube without permission.
Scenario: Sharing a meme or GIF in a presentation
File:Eo circle green checkmark.svg - Wikimedia CommonsAllowed if:
  • It’s used for commentary, parody, or educational critique.
File:White x in red rounded square.svg Not allowed if:
  • It’s used commercially or without context.

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu

 

Tips and Best Practices

Tips and Best Practices for Copyright and Fair Use

Use Licensed Library Resources
  • Prefer materials available through the library (e.g., databases, EBSCO, Kanopy, Libby, etc). These are already vetted for educational use and often include public performance rights or fair use allowances.
Link, Don’t Upload
  • When sharing articles, videos, or other media in course shells or emails, link to the source using the permalink rather than uploading a copy. Linking avoids copyright issues and ensures access to the most current version.
 Credit the Source
  • Even when fair use applies, give proper attribution.
  • Include the author, title, source, and date when possible.
Use Only What You Need
  • Limit use to the  portion necessary for your educational purpose.
  • Avoid using entire works unless you have permission or a license.
Ask for Help Early
  • Contact the library if you're unsure whether a use is legal. We can help with obtaining permissions and can help identify alternative works if copyright cannot be obtained.

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu

 

Showing Films on Campus

Showing Films on Campus

Showing films on campus—whether in class, at club events, or during public programs—requires careful attention to copyright law and public performance rights (PPR).

Classroom Use vs. Public Performance

Classroom Use
File:Eo circle green checkmark.svg You can show a film in class without a license if:
• It is part of a face-to-face teaching at a nonprofit educational institution.
• The film is shown in a classroom or similar instructional space.
• The copy is legally obtained (DVD, streaming [Kanopy, Films on Demand], etc.).
Public Performance
File:White x in red rounded square.svg Showing a film outside of class (e.g., club events, campus-wide screening) without public performance rights (PPR), is considered a violation of copyright. This is true event if:
• You own the DVD
• You have a personal Netflix, Hulu, or Disney+ account
(personal streaming service accounts are licensed for personal use only, not for group or public viewing).
How to legally show films on campus:
Kanopy and Films on Demand

How to Legally Show Films on Campus

Kanopy and Films on Demand
  • Our library subscribes to Kanopy and Films on Demand, which include many films with public performance rights.
  • These can be shown at campus events without additional licensing.
  • Always check the film’s details to confirm PPR is included.
A screenshot of a Kanopy title showing the Public Performance Right icon circled.
Get Copyright from the Distributor or Licensor
There are several distributors or licensors that can be used to purchase a PPR license for your club event or campus wide screening:

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu

 

Best Practices

Best Practices
  • Check with the library before planning a screening. Sometimes the publisher can be contacted directly to gain PPR permission.
  • Use Kanopy, Films on Demand, or submit a license request to Swank whenever possible.
  • Avoid using personal streaming accounts for campus events.
  • Document your source and rights when promoting a film screening.

Additional Resources

Additional Copyright Resources

Copyright Crash Course (University of Texas)
https://guides.lib.utexas.edu/copyright
An in-depth guide designed to help faculty understand and manage their copyright.
Creative Commons
https://creativecommons.org
Learn about open licensing and how to find reusable content.
United States Copyright Office
https://www.copyright.gov

Contact a Librarian


Keith Cich
Librarian
Ruth A. Myers Library
218.879.0837
​keith.cich@fdltcc.edu