Copyright

This section describes how you may use documents (book chapters, journal articles, etc.), audio, video, or images in the college’s learning management system (Canvas). 

For assistance with Canvas functionality, please contact the AIT Service Desk, x4357, ait.service.desk@wheaton.edu.

Note: The application of Fair Use to the provision of course readings in particular is a highly contested area of copyright law. The following policy is based upon an extensive lay review of existing case law, opinions published by lawyers, and the official positions of such parties as the Association of American Universities, Association of Research Libraries, Association of American University Presses, and Association of American Publishers. Some aspects of our policy are not given in the text of the law but represent what we believe is a moderate yet assertive understanding of the spirit of the law. 

1. Best practice is to create a link in your Canvas course to a copy of the work available through the library’s online resources or elsewhere on the internet. In such cases, no copyright consideration comes into play. 
   
   For help with creating links, see the library’s Creating Persistent Links webpage. If further help is needed, consult your subject librarian for assistance. To determine who is your subject librarian, visit https://library.wheaton.edu/librarians and make the appropriate selection from the Subject dropdown.
    
2. If linking is not possible, first review and follow the steps given in section 5 of this guide, “When Copyright Permission is Needed.” Also consult section 7, “The Fair Use Exemption,” as well as section 8, “Checklist for Fair Use” as needed in order to conduct a Fair Use analysis. The Fair Use Evaluator at https://librarycopyright.net/resources/fairuse/index.php is a helpful tool for this purpose.
   
   There is one modification to the above: 

Copies of dramatic literary or musical works, such as stage plays, operas, and audio-visual recordings, may be used “in an amount comparable to that which is typically displayed in the course of a live classroom session.”

3. If you believe that copyright permissions are required for material that you’d otherwise upload into Canvas, consult with your subject librarian about ways the library may be able to assist with alternatives, such as putting material on reserve. Or you can work with the Campus Store to provide material as a course pack, and they will obtain copyright permissions. Any associated costs for obtaining those permissions will be passed on to the buyer in the price of the course pack.
    
4. If your decision is to post material in Canvas, that material:

• Must not substitute for the purchase of books or other materials readily available on the market for a fair price. 
   
• Must not be copies of works that are marketed “primarily for the purpose of display as part of mediated instructional activities transmitted via digital networks.” (For example, textbooks, course packs, workbooks, or digital educational products (made for the purpose of performance or display for use in mediated instruction.)) In other words, where such works already exist for purchase, they should be purchased.
   
• Must include a notice of copyright, or in the absence of a notice, a warning that the material may be protected by copyright. For the wording of notices and warnings, see section 13 of this guide, “Copyright Notices and Warnings.”
   
• Must not be made from a copy that was not lawfully made and that you knew or had reason to believe was not lawfully made.
   
• Must not be provided by means of any activities that would decrypt or otherwise interfere with technological measures already employed by the copyright holder to prevent retention or unauthorized distribution of the work.
   
• Must provide proper attribution, i.e. a complete citation to the source of the work.

In sum:

1. Link out to material available online through the library or elsewhere on the internet whenever possible;
    
2. Analyze if the material is under copyright (see section 5);
    
3. Assess Fair Use (see sections 7-8);
    
4. If copyright permission is needed, consult with your subject librarian for alternatives, or work with the Campus Store to create a course pack.

Sample Scenarios

Q:  I have a book chapter I want to assign. Is it OK for me to post a scanned copy of it in Canvas for my students to read online and/or download? 

A:  Maybe. Generally, a scanned copy of a single book chapter is allowable under Fair Use. However, a Fair Use analysis may be needed depending on the specific situation.

Fair Use analysis:

Q:  I have created some course webpages outside of Canvas. Is it OK for me to post copyrighted documents there for my students to read online and/or download?

A:  No. The college interprets such activities as falling outside the scope of Fair Use and other copyright exemptions described in this chapter. You must get permission of the copyright holders before posting documents in this way.

Fair Use analysis:

Q:  May I photocopy the sheet music for all of the performers participating in a chapel service?

A:  Maybe. Always prefer short clips rather than a complete video, since short clips are generally acceptable in terms of Fair Use. If you wish to use an entire video, you would need to first request an evaluation for copyright permission by sending an email to copyright@wheaton.edu. Note also that you could place a copy of the video on reserve at the library.

Fair Use analysis: