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Go Further: Additional Resources
Podcasts and Webinars
- CopyTalk Webinar Archive
CopyTalk is a series of webinars on specific copyright topics that include fair use topics and others including orphan works, mass digitization, international copyright developments, pending and recent copyright court cases, and the copyright implications of new technologies.
- Fair Use Index
"The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, internet/digitization, parody)." Click on "Search Cases" to access the database.
Copyright Infringement Course from Safe Colleges
This course is intended to be a helpful guide to aid educators in making good choices about content use for classroom instruction as well as for reference. This course covers basic knowledge about copyright laws, print and audio materials, visual and multimedia materials, and the internet and digital media.
This version is designed for all campus employees.
This is available to all KCTCS employees through MyPath > Compliance > View Library > Information Technology > Copyright Infringement
KCTCS On-Demand Professional Development
KCTCS faculty and staff have on-demand access to over 500 professional development sessions through Innovative Educator/Go2Knowledge and Magna Commons. These two repositories provide a robust library of relevant topics including teaching and learning, student success, diversity, safety, management, leadership, and more.
Both repositories can be accessed through Blackboard. They are located in the “Professional Development Repositories” module on the main landing page once you login. These resources can also be accessed from the TLC (Training & Learning) site.
In addition to the on-demand PD, you also have access to live webinars through Innovative Educator/Go2Knowledge. KCTCS employees can register for free. Finally, Magna Campus provides vetted and cutting edge professional development resources on our 20-Minute Mentor Commons and Magna Commons.
What is Fair Use?
The term "Fair Use" refers to Section 107 of the Copyright Act that allows for some exceptions to the law in certain cases. These exceptions allow for unlicensed use of portions of an author's copyrighted work within specific parameters. Criticism, comment, news reporting, teaching, scholarship, and research are examples of areas where fair use may be applicable. The four main factors to determining fair use are as follows. Note that all of these factors are balanced against one another when determining Fair Use. Just because one factor is true, does not immediately allow for fair use.
- The purpose and character.
- Will the work be used for profit or in a nonprofit capacity
- Is the use "transformative"? As in, are there new ideas or application of the use being presented to the purpose of the original?
- The nature of the work being used
- Is the original source factual or more creative?
- The amount of the work being used
- Is a small or large portion of the original work being used?
- The effect of the use upon the market for the copyrighted work
- Does the fair use of a work hinder the market value of the original?
Read more about the Fair Use Doctrine at the link below.
U.S. Copyright Office: More Information on Fair Use
Please review the section "TEACH Act" for more information about using copyrighted media/digital content in the classroom.
Read more about the difference between Fair Use and the TEACH Act at the link below.
Penn State: Fair Use vs. TEACH Act
Fair Use Resources & Tools
Tools and Best Practices
This section of the ACRL Scholarly Communications Toolkit gives a good overview of the topic of Fair Use along with links to many tools and best practices related to the topic.
FAQs regarding Fair Use for Professors
Created by MIT Libraries to assist in determining Fair Use
Copyright and Fair Use: Common Scenarios
LibGuide of scenarios to help determine fair use, developed by California State University, Long Beach
Fair Use Checklist
Revised for use by Cornell University from the "Checklist for Fair Use," a project of the IUPUI Copyright Management Center. This is a good resource to help determine if intended classroom use of a source would be considered valid under the Fair Use doctrine. Please note, this does NOT guarantee that your use is considered valid under the Fair Use Doctrine, this is just a tool to help you be more aware.
Fair Use Video from the U.S. Copyright Office