Change in Policy and Practice for Online Instruction
When online classes were first scheduled through the college, a review of Fair Use and the TEACH act, as well as emerging policies from other institutions, led us to a liberal policy. However, based on a more current review with new administrators and current practice among some of our peer institutions, Drake Memorial Library’s policy is that physical material (works on DVD , Blu-ray, CD, VHS tape, vinyl, print book, microform, etc.) must have a license or copyright permission before we can convert the entire work.
Fair use will continue to allow faculty to use small portions of works, including up to a chapter of a book, in an online setting.
Class Format Matters!
Courses at SUNY Brockport can be offered in one of three formats:
- 100% On-line
The amounts and types of copyrighted material, and the forms in which you can use them, vary between Face-to-face/Hybrid and Fully On-line.There are exceptions to copyright guidelines to make it possible for faculty teaching students who are distant and possibly asynchronous, to assure that their class experience is comparable to that of students who meet with their professor, even if it's only one or two meetings a semester. Materials that would normally be viewed within a classroom setting, such as a section of a movie or piece of music, may be eligible for conversion to a digital format for use in an on-line class. Contact your campus Copyright Liaison, Pam O'Sullivan, for further guidance.
What is the TEACH Act?
The Technology, Education and Copyright Harmonization Act makes it possible for instructors to use a wider variety of formats in distance learning environments, and qualifying institutions have greater latitude in storing, copying and digitizing materials.
This act is meant to allow a greater range of materials to be used in on-line and distance education classes. If you are teaching in a classroom, this legislation does not apply; you will follow the guidelines under Fair Use.
Some faculty like to use course packs for a variety of reasons. However, unless the material you included is:
- The faculty member's own work to which he/she retains copyright;
- Open source material, and identified as such within the course pack
- Material not under copyright, such as:
- Items published before 1923 and in the public domain
- U.S. government publications
you must obtain permission to use each item (journal article or part thereof, book chapter, images, charts, tables, etc.). Drake Library does not offer this service for you, nor can you generally use library funds designated to purchase materials for your department.
Attached to this page is a document provided to us by a lawyer who works with libraries and copyright, which spells out in more detail the limitations you face putting together a course pack, and the copyright protections behind those limitations.
Streaming Movies and Video
Resources for Faculty
This tool can also help you collect information detailing your use and provide you with a summary in PDF format.
Very thorough guide to what can or cannot be done in various classroom situations
Can help you to determine whether you can use the item without seeking permission.
Another thorough guide on how to use the TEACH Act.
Includes information on use of materials during the current pandemic.
FAQ's for Faculty