Copyright @ Dominican

An excerpt of a copyrighted work may be made and/or distributed according to the following University guidelines:

1. The excerpt is made and/or distributed by the faculty, without charge, for teaching (including multiple copies for classroom use) or scholarship; and
2. The excerpt is to be used for a non commercial, nonprofit educational use; and
3. The excerpt fulfills a demonstrated legitimate purpose in the course curriculum and is narrowly-tailored to accomplish that purpose; and
4. The excerpt does not constitute the “heart of the work”; and
5. The excerpt constitutes a decidedly small portion of the work in accordance with the following criteria:
   1. If the excerpt is from a work that is not divided into chapters or contains fewer than ten chapters, the excerpt does not exceed ten (10) percent of the pages in the work as a whole; or
   2. If the excerpt is from a work that contains ten or more chapters, the excerpt does not exceed one (1) chapter; or
   3. If, after consulting the copyright owner (often the publisher) or its authorized agent (such as the Copyright Clearance Center), it is determined that the excerpt is not readily available for digital academic use at a reasonable price; and
   4. The excerpt is not from works intended to be “consumable” in the course of study or of teaching, including workbooks, exercises, standardized tests and test booklets and answer sheets; and
6. The excerpt may be accessed only by students currently enrolled in the relevant course only during the academic term in which the course is offered; and
7. A notice is provided with the excerpt to remind students of the limitations of the copyright laws and to prohibit the distribution of the excerpt to others.

Course materials posted online are subject to copyright law, even if they are posted in a password-restricted system such as Moodle. The following guidelines are not all-inclusive, but are intended to help you make informed copyright decisions.

When considering whether you should obtain permission to distribute a copyrighted work online, it can help to consider what would be required to distribute the same content physically in a classroom. For example, if you would need copyright clearance to distribute photocopies of a written work to students in your class, you would need permission to distribute the same file online. The same concept applies to images and audio/visual media, although as a rule, further restrictions apply to displaying content, especially audio/visual content, in online settings. Before you use content of any kind in your course, be sure you know enough about the nature of the work and its copyright owner to make informed copyright decisions.

The following standards apply to use of copyrighted works posted to Moodle:

• Professors own the copyright to materials such as syllabi, lecture notes, or exams, and may make them available.
• Permission has been granted by the copyright owner
• The material is in the public domain
• The material is available through a link to licensed electronic resource
• The determination has been made that the copyrighted material falls under Fair Use or another copyright exception
• Materials made available on Moodle should include a citation to the original source of publication and a notice of copyright.
• Access to course material on electronic reserves and learning management systems should be restricted by password to students and instructors enrolled in and responsible for the course. Access should be terminated as soon as the student has completed the course.
• Delete materials available on Moodle at the conclusion of each semester.