What if I’m reusing material for a course?

All material should be reevaluated with each use.  Fair use will need to be examined each semester and any necessary permissions obtained.

What is the difference between posting material and linking?

If we have online access to a material through the CONSORT catalog, it is considered best practice to post the stable URL rather than repost the content. Linking to a material that is accessible online does not violate copyright because it does not involve copying any content (whereas posting does).

Can I post my items to the P: drive? 

Posting items to the P: drive is not advisable, as it gives students unrestricted access to materials and would most likely violate copyright laws or license agreements. 

What is fair use?

Fair use is a defense against a claim of copyright infringement that is outlined in Section 107 of the Copyright Act of 1976.  It involves weighing four factors which you can read more about here.

What is a transformative use?

A transformative use is a use that is determined to alter the meaning or purpose of the original work. For more information, see "Fair Use: What is Transformative?"

What is public domain?

If a work is not protected by copyright it generally means it is in the public domain or created by the U.S. government.  These works may be freely used and copied. Generally, any work published before 1923 is considered to be in the public domain. Cornell University has created a useful table about copyright duration and the public domain that you may access here.

What is open access?

Open Access refers to materials that are freely available for purposes of research and scholarship. These materials are typically available online in a digital format, are free of charge to the user, and do not have many of the restrictions of copyright and license agreements. 

What is an orphaned work?

An orphan work is a work that would be protected under copyright but the rightsholder is unknown or cannot be contacted. Orphan works may be used if there is a record supporting extensive attempts to contact or identify a rightsholder.

See http://www.copyright.gov/orphan/ for more information.

If I am the author of a work, can I post/distribute my own work?

If you are the rightsholder, yes, however if you have signed rights over to a publisher or if the work was done for hire you may no longer hold the rights.  It is best to check any contracts you might have with publishers to see who owns the copyright.

Can I post a student’s work?

You cannot post a student’s work without their permission. It is important to keep a copy of all correspondence permitting usage; i.e. an email, signed agreement form, contract, license, or written consent. 

How do I obtain permission to post material?

If you process digital reserves through LBIS, permissions will be obtained on your behalf. However, if you are processing your own reserves, you can obtain permissions through the Copyright Clearance Center or the publisher's website. For more information, see Obtaining Permission on the Faculty Course Reserves page.

How long does it take to obtain permissions?

Permissions can often be secured immediately through the Copyright Clearance Center (CCC) or take 6-12 weeks if contacting the rightsholder directly. When applying for permissions check to see if the rightsholder lists a response time.

Who is responsible for paying permission fees?

  • If processed through LBIS, the invoices are paid by LBIS.
  • If faculty are obtaining their own permissions it is the responsibility of either the faculty or their department to process or pay any fees.

What are typical permission fees? What is the maximum fee that LBIS will pay?

In most cases, permission fees are based on the number of pages used and the number of students enrolled in the course.  Generally, LBIS will pay up to $7.00 /student for an item.

What if permission to post an item is denied?

If permissions to use a material are denied, it must be taken down immediately. See alternatives listed on the Faculty Course Reserves page to determine the best course of action.

How much can I post from an anthology?

Anthologies are a special case as they often hold copyright from the individual contributors and the collective work. Copyright for any commentary or edits would typically be held by the editor/author at large. 

The individual works created by separate authors would be subject to their own copyrights. To determine fair use for a selection you will want to review the original source of the work, i.e. if it is from a full length book, a magazine article, etc. If the selection is beyond the scope of fair use, the rightsholder of the original source should be contacted for permissions.

If you are using the commentary or additions of the editor/author of the anthology then you would consult the anthology for permissions.

What if my resource is published internationally? 

You will want to first check with the copyright laws in the country of publication. The Berne Convention, a major international copyright treatise, lists a minimum of 50 years after the death of the author as a general guideline for the length of copyright protection.

Can I stream a film for class or for an event?

All films for which Kenyon has purchased streaming rights may be used for in-classroom instruction or for supplemental viewing outside of class. Additionally, many streaming films may be used for non-commercial, public screenings on Kenyon's campus, but please consult the database's terms of use and a library staff person to verify that you may use a streaming media title for a public screening.

Can I show a DVD film for a class or event?

Kenyon owns a number of documentary films for which the college has pre-paid public performance rights. Feature films held by Kenyon’s library do not include public performance rights. Please see Public Performance Rights (PPR) for Films at Kenyon for more information.