Fair Use in the Classroom

There are several exceptions to U.S. Copyright Law when it comes to classroom use of copyrighted materials. 

Fair Use

It is important first to assess if the matter in question falls under Fair Use exceptions. 

1) Some items do not fall under copyright laws and are available for use under fair use provisions. These items include any item that is included in the public domain. Items in the public domain inslude items first published prior to 1923 and includes many classic works.

2) Chapter 110 of the US Copyright Act includes provisions to allow for displays and performances of copyrighted material (excluding the copying and distributing of material) in face-to-face classroom interactions.

3) The copying and distributing of small portions of copyrighted material for classroom use is also acceptable under US Copyright laws. This is limited to up to one chapter of a piece that is greater than 10 chapters long, or up to 10% of a work less than 10 chapters. 

Making Requests

In some instances, requests for use need to be made to the copyright holder. The first important distinction to make is the owner of the copyright, which is not always the same as the creator of the work. For example, pieces created by an employee during their work most often fall under copyright ownership of the employer. If you need to make a request for use of a copyrighted material,  please contact Auxiliary Services. Requests for use do not need to be made under most circumstances. If the work in question will be used or falls under the above Fair Use provisions, or copyrighted material will be purchased (i.e.: textbooks), then no request needs to be made. 

Copyright Management

We comply with the Digital Millennium Copyright Act (DMCA). 

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. 

DMCA Notice

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:

(a)     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)     description of the copyrighted work or other intellectual property that you claim has been infringed;

(c)     a description of where the material that you claim is infringing is located on the SITE (preferably including specific url’s associated with the material);

(d)     your address, telephone number, and email address;

(e)     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,

(f)     a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to: 

Matthew Portner

mportner@ashland.edu

Copyright Infringement Claim?

All copyright infringement claims should be addressed to Matthew Portner, Director of Auxiliary Services, who serves as Ashland University's DMCA Agent.

Email: aux-services@ashland.edu

Call: 419-289-5249 

Campus Contacts

Matthew Portner, EJD, MEd, CASP  
419.289.5249   
mportner@ashland.edu  

 

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