Earlier this month, the Impact Grant project leads got together for the next Idea Lab, focusing on copyright. We met with Sandra Enimil, Head of the Copyright Resources Center, University Libraries.
After a brief presentation from each project lead about their projects, Sandra helped address questions and concerns among all the projects.
Some highlights from our conversations focused on the issues when moving a course online, especially when thinking about lecture capture and other audio/visual recordings that are no longer within the confines of location/time. For instance, using copyrighted imagery in a PowerPoint presentation in a class, one time, can make the case of fair use. But, is it fair use if it’s a series of copyrighted pictures that’s part of a PowerPoint captured in a lecture recording viewed 250,000 times through a MOOC?
What about a journal article a professor wrote but gave rights to the journal when it became published? Does she have the right to share that with thousands of potential students?
Remember, fair use is a four-step process that is up to the user to define/justify.
- Purpose of your use,
- Amount of the material is used, and
- The effect on market place.
Everything is not fair use. But due diligence and making a good faith effort in working through these four steps can help bolster your positions towards fair use. Your use may not fall under fair use, but you may still decide to proceed depending on your appetite for risk.
- A tip is when seeking copyright clearance for the use of materials, try to make it as broad as possible to include various media, such as course packets (analog), web (digital), and other distribution methods you may consider in the future.
Other considerations were what if you’re interviewing students, staff, or faculty at OSU? It may be a good idea to use media release forms to gain permission, especially if that footage will be used widely, or perhaps packaged as part of promotional or for-profit pieces. For more information or to set up a consultation to discuss copyright issues, please visit http://go.osu.edu/copyright.