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       Copyright Information
       Table of Contents:
Digital Resources in the Classroom
  Fair Use in the Traditional Classroom
Fair Use in Password-Protected Online Classes: the 2002 TEACH Act
Digital Materials on the Open Web
DARTs Assistance Acquiring Legitimate Digital Resources
  One-on-One Consultations
Dealing with Copyright Limitations
Creating New Digital Teaching Resources

Digital Resources in the Classroom
  Fair Use in the Traditional Classroom
Many faculty members use copyrighted materials in their face-to-face classes. Fair use guidelines actually provide for a reasonable amount of materials to be used in this manner. Section 107 of the Copyright Law (which addresses fair use) outlines four factors which must be weighed in order to determine if the material to be used meets fair use guidelines.
  Ø What is the character of the use?
Ø In what nature will the work be used?
Ø What effect will this use have on the market for the work?
Ø How much of the work will be used?

The amount of material which can be copied and the length of its use varies from material to material based on the following categories:
  Ø print books and periodicals
Ø television
Ø music
Ø film & video
Ø multimedia
Ø the World Wide Web

In other words, if a material is copyrighted, you are not allowed to use the entire work, with the exception of very short works (ex: a sonnet or an image of a specific painting). You are also not allowed to use the same work or excerpt semester after semester, or over an extended period of time.  A better approach would be to identify alternate excerpts from a copyrighted work, and plan on using different excerpts each succeeding semester.

To learn more about copyright at Washburn, visit Washburn University's Copyright Information for Faculty/Staff, If you would like to access a chart which shares accepted amounts and limits of fair use for teaching with various kinds of copyrighted materials, visit Hall Davidson's Classroom Copyright Chart.
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Fair Use in Password-Protected Online Classes: the 2002 TEACH Act
Computers now let us communicate far beyond the boundaries of the traditional classroom.  By placing materials online, faculty can make teaching resources available for students (and others) to access from anywhere and at anytime.  This also makes the teaching resources available for copying from anywhere and at anytime, which can be a problem without the appropriate authorization. After all, not all of the same copyright and fair use rules apply to the internet in the same way that they apply to the traditional classroom.

U.S. law had no specific provision for online fair use of copyrighted materials within the online classroom until the 2002 TEACH Act was passed. The TEACH Act, allows for educational fair use of materials within password-restricted sites. Because online materials are much more vulnerable to copying, the act also requires additional steps be taken to protect the materials from being easily copied. To learn more about the TEACH Act and its uses, visit the The TEACH Toolkit.
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Digital Materials on the Open Web
Increasing numbers of faculty members are now using the open web (websites that are not password protected) to provide supplemental materials to their students. In this environment the legal reality is simple: only royalty free materials and materials that the faculty members have gained copyright permission to use may be displayed. Thus, faculty creating sites must either create their own materials or rely on copyright free/copyright permitted materials.
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DARTs Assistance Acquiring Legitimate Digital Resources
  One-on-One Consultations
The Faculty Technical Expert(s) and the Production Coordinator are available for consultation on how to find, acquire and/or create resources in each individual situation. To discuss teaching concerns, such as where to find existing resources and how to effectively incorporate multimedia into your your classroom contact Sara Tucker. If you would like to set up a one-on-one consultation contact Sara Tucker, Judy Druse, Dale Rusche or complete DART's online Consultation Request Form.
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Dealing with Copyright Limitations
DART is available to assist you with copyright in several ways, including; locating and seeking copyright permissions, advising you on techniques to accomplish your goals within copyright law, and providing limited funds to pay for copyright permissions when no adequate substitute can be created (to qualify the digital resources must be used for teaching purposes).
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Creating New Digital Teaching Resources
DART will be happy to assist you in the creation of copyright free digital teaching resources for the traditional face-to-face classroom and/or the online classroom. Our assistance includes:
  Digitizing existing resources within copyright limitations:
  Ø pictures
Ø slides
Ø text
Ø audio clips
Ø video clips

Developing new digital resources:
  Dale Rusche (Production Coordinator, Instructional Media) and the DART STAs are available to assist with the creation of digital resources. To learn more contact Dale or complete DART's online Project Development Request Form.
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