Copyright

This policy will concentrate on the use of Copyright and fair use. The Eastern Illinois University faculty, staff, and students 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 students who are enrolled within the class.
• Prevent students 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:

• https://www.Copyright.gov/
• https://www.Copyright.gov/docs/regstat031301.html
• https://www.Copyright.com/wp-content/uploads/2015/04/CR-Teach-Act.pdf
• https://www.educause.edu/ir/library/pdf/ERM01610.pdf
• https://www.eiu.edu/panthertech/selfhelp-article.php?id=83

Last Date Reviewed: 05/23/2023