College of Medicine Guidelines for Use of Copyrighted Materials
The College of Medicine, with the assistance of the Library and OED,
has developed guidelines to assist the faculty in making informed decisions
about the use of copyrighted materials in their teaching. Being aware
of and following good copyright and Fair Use practices is important as
there are both institutional and faculty liabilities for copyright infractions.
A committee was formed to prepare these guidelines, provide additional
copyright resources, and provide assistance with questions about copyright
and Fair Use. These Guidelines were approved by the Executive Committee
of the College of Medicine on 4/7/03, and by Harold Evans, JD, of Williams
and Anderson LLP, 4/8/03.
Fair Use General Principles
- The concept of Fair Use allows the use of copyrighted materials,
such as text, graphics, illustrations, and photos, in face-to-face
as well as materials assigned to students for directed self-study
- Lack of copyright notice does not mean that the materials
are NOT copyrighted! Almost everything is copyrighted with the exception
of public domain,
government works, materials at least 70 years old, and materials
made available free of restriction by the originator or copyright owner.
Use does not preempt license agreements. This is especially important
for CD-ROMs, Website, electronic Library materials, image collections
that are licensed.
Knowledge of Fair Use Factors
Each Fair Use question must be considered in context with consideration
given to all four key factors. The relative importance of the factors
vary with the circumstances, but all are important. The four factors
- Purpose and character of use (must be nonprofit educational use);
of copyrighted work (factual works are more likely to be considered
fair use than creative works);
- Amount and substantiality of portion
used in relation to whole (only small portions may be used);
on potential market for or value of the copyrighted work (ask: if
use was widespread, would copyright owner lose money?).
Limitations on Fair Use
Fair use is more likely if these actions are
- Non-profit educational use, peer conferences, and student presentations.
access to enrolled students only.
- Limit the portion of copyrighted
materials used (one article from a journal, a chapter of a book, a
small portion of the images in a text, etc.)
- Limit the time period of use (a semester or a year – the length
of the course)
- Include a notice such as “This CD-ROM may include copyrighted materials
provided for the personal educational use of enrolled students and may
not be further redistributed.” Inform your students.
the work to the copyright holder for every copyright item you use
(Copyright notice, copyright symbol ?, year of publication,
name of copyright holder) whenever possible.
- No copying of software is permitted,
except for shareware, freeware and public domain software.
Can I use copyrighted materials when I am teaching in a lecture hall
or classroom or other face-to-face situations?
You can use just about any copyrighted material in your classroom as
many times as you want across semesters and years. You can show them
in PowerPoint lectures, show a video or animation, play a sound clip,
Can I distribute materials to students to use in the classroom or in
preparation for class?
You can make one copy per student if you put a copyright notice on
the first page (specific to the article if possible). You can not
anthology of copyrighted works that functions as a separate text.
For repeated use by the same instructor in the same class, permission
How can I make PowerPoint lectures, documents, and images available
to the students outside the classroom?
- Limit access to students currently enrolled in the UAMS
COM via password.
- Copyright notices must be posted.
- Use the UAMS Library’s “electronic
course can have an electronic space where the course director and
others he/she designates can place materials for students to access.
of materials: images, PowerPoint lectures, documents, video and
sound clips, multimedia works, links to articles in UAMS Library
journal (repeated use okay as long as the Library licenses
electronic journal), links to educational websites.
articles not owned by UAMS may be posted in reserve system for
that school year (Fair Use for one time period,
- Fair Use and its limitations, such as limiting to
specific time period, limiting portion of copyright material
used, still apply.
Can I download images, animations, and other materials
from the Internet and put them in PowerPoint, computer-based
- Images, animations, and other educational materials on the Internet
are copyrighted (that’s the law!). Read what the website says
about using their images. Fair Use and its limitations apply to materials
download from the Internet unless the website says they are ‘copyright-free’.
Fair Use does not apply to websites that license images or other
materials for a fee.
Can I use websites with my students?
Any website that is not protected from your use by password or other
means is available to you to link to, to display in the classroom,
or to direct your students to use.
What are the penalties for the individual for copyright infringement?
- Civil Penalties of up to $30,000 per infringed work and up
to $150,000 per work if willful.
- Criminal penalties of up to 10 years
in prison and a $250,000 fine for willful infringements.
faculty and staff of the College of Medicine who willfully fail to
adhere to the College of Medicine Guidelines for Use of Copyrighted
Materials in Education may be subject to dismissal from the College.
- UAMS copyright counsel directs UAMS faculty to the University
of Texas Crash Course in Copyright for extensive in-depth information
and Fair Use: http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
College of Medicine Website contains guidelines for UAMS College of
- UAMS Copyright Website contains information specific
Contact Jan Hart, UAMS Library, 686-6751, email@example.com
for assistance. If additional assistance is needed, Ms. Hart will contact
Evans of the law firm of Williams & Anderson who has been retained
by UAMS to advise on copyright issues. Committee members: Jay Menna and
co-chairs; Linda Deloney, Mike Petty, David Wennerstrom, and
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