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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 https://www.learntechlib.org/p/152962/)
- A copy may be in print or digital (downloading a file that resides in a different place than the original digital work)
- HAVE YOU ACTUALLY MADE A COPY??
- "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