Skip to Main Content
It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.

Copyright at Bryan College of Health Sciences: Basics: When Does Copyright Apply?

Basics: When Does Copyright Apply?

Thomas J. Tobin is author of a Magna 20 Minute Mentor, "Copyright crash course: How can I stay on the right side of the law?" (c2017 Magna Publications Inc.).  The Bryan College of Health Sciences Library purchased a Campus Access License to this presentation and accompanying materials in 2019.  Full campus access to those materials is available through Canvas / Faculty Help.  The following quotations set the stage for Tobin's very pragmatic approach to copyright considerations within an academic setting.

  • What is a copy?
    • "... define copies as intentional reproductions of all or part of original works, where the copies are located in a different place than the original works."  (Tobin, T. J. (2014)  Training your faculty about copyright when the lawyer isn't looking.  Online Journal of Distance Learning Administration, 17(2).  Retrieved from
    • A copy may be in print or digital (downloading a file that resides in a different place than the original digital work)
    • "If there's no copy, copyright does not apply".  Any hyperlinking and streaming through embed codes are not considered copying under the law/"  (Tobin, T. J. (2017.  Copyright crash course: How can I stay on the right side of the law?  Magna 20 Minute Mentor [Transcript].  Magna Publications, Inc.  Used, by permission, through a Campus Access License, 2019)
    • Determine if you have made a copy before looking to see if the work is covered by ownership, a license, public domain or a Creative Commons license.  
  • If you have made a copy -- for example: a saved data file OR a PDF OR a copy of another person's powerpoint or other presentation:
    • You MUST complete a Fair Use Checklist to defend fair use of the item
      • Within a Library eReserve:
        • the librarian will inform you if a Fair Use Checklist is required
        • the Library will keep a copy of the completed Checklist on file
      • Within a Canvas course, it is your responsibility:
        • to identify the need for a Fair Use Checklist
        • complete the Fair Use Checklist
        • keep the Fair Use Checklist on file