About This Guide
This guide was developed to assist the Bentley University community in matters of copyright that are most likely to be encountered in the preparation and implementation of academic instruction and individual scholarship. It is informed by numerous resources on copyright law and its relation to higher education and is shaped by the "community of practice" that has emerged among scholars, educators, and librarians.
Within this guide you will find information on the following:
Copyright basics - introductory information on copyright
FAQs - answers to frequently asked questions on the use of copyrighted material
- Fair use - its definition and application
- Fair use scenarios - common scenarios that illustrate the application of fair use
- Guidelines & best practices for fair use - recommended approaches to fair use evaluation
- Course reserves - applying fair use in both print and electronic reserves
- Video & film - lawful use in course instruction and research
- Music & audio - lawful use in course instruction and research
- Images (photos, illustrations) - lawful use in course instruction and research
- Business cases - where to get them and how to use them
- Public domain - how to locate material available free to the public in the public domain
- Orphan works - what they are and how to use them
- The TEACH Act - what it means and how it is implemented
- The Digital Millennium Copyright Act - what it means and how it is implemented
- Open Access - how it is shaping the future of learning
- Creative Commons - how to find and use CC licensed material
- References & further reading - annotated bibliography arranged by subject
Emerging technologies will only ensure that copyright law will continue to be tested and challenged. To that end, this guide will be considered an evolving resource. As changes to the law are introduced, the information included here will reflect that change. Similarly, as local concerns regarding copyright within the Bentley community are discovered, this guide will serve to address those issues. To facilitate this, featured on this page is a mechanism by which to communicate such concerns, whether they be a need for clarification, or a request to include information that is not represented. Your feedback is strongly encouraged. This guide is as much for the faculty at Bentley, as it should be by the faculty.
What This Guide Is
This guide presents information on copyright law in the context of educational instruction and scholarship from a variety of authoritative sources. The purpose of this guide is to empower both educators and scholars to make informed decsions when incorporating copyrighted material in the course of academic instruction or research by providing accurate information on relevant copyright law as well as guidance on how to evaluate the use of copyrighted works.
What This Guide Is Not
The information presented in this guide is not legally binding and does not represent legal advice. The guidelines and best practices featured herein are intended to assist in the evaluation of the use of copyrighted material and are based on a variety of interpretations of copyright law. These guidelines are not acknowledged as legally sanctioned methods and thus, the courts are not beholden to what they may or may not suggest is permissible use. It is advisable to always conduct a fair use analysis when considering the use of copyrighted material. If, after such analysis, there remains uncertainty, it is recommended that you contact the rightsholder directly.