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Digital Resources for Course Readings / Viewings

Intellectual Property

Creations of the mind. Creators have legal rights to the use and distribution of their creations.

Patents ™ ©

Copyright

CopyrightCopyrighted material can not be

reproduced and/or distributed in any form

without expressed permission of the rights holder.

(And sometimes that permission comes with a fee attached)

Fair UseA legal exception to using copyrighted material without asking for permission.

Problem? No rules to follow. Fair use is not defined or outlined.

“Think your specific situation is fair use? Try it out, see if someone sues you.” —Jessamyn West

Fair Use

Purpose and character of the use

Nature of copyrighted work

The amount used Potential market effect

But it’s for education!It’s just an article!

10% rule! Who’d buy it

anyway?

Fair Use

https://www.insidehighered.com/news/2014/10/20/federal-appeals-court-rejects-georgia-state-us-10-percent-rule-

determining-fair-use

Cambridge University Press

Oxford University Press

Sage Publications

vs.

TEACH Act

MUST:Must be limited to class participants only as part of “mediated instructional activities”; must have technological compliance with

limiting accessMust not include entirety of works that would

otherwise be purchased by students; only “reasonable and limited portions” can be

displayed

Institutions must have developed and publicized its copyright policies.

“The TEACH Act facilitates and enables the performance and display of copyrighted materials for

distance education.”

TEACH Act

DOES NOT EXTEND TO:

Electronic reserves or electronic coursepacks

Textbooks or other digital content provided under license

Conversion of materials from analog to digital

“The TEACH Act facilitates and enables the performance and display of copyrighted materials for

distance education.”

✓✓✗

Digital Resources

“An ‘electronic resource’ is defined as any work encoded and made available for access through the use of a computer” — Library of Congress

e-books, e-journals, streaming/downloadable video, mp3 sound files, digital images

Public Domain

http://en.wikipedia.org/wiki/Wikipedia:Public_domain_resources

askalib@stmarys-ca.edu

Open Contributions

http://doaj.org

https://creativecommons.org

askalib@stmarys-ca.edu

http://tinyurl.com/kbxzy8w

56%28%

14%2%

Electronic resourcesIn-house print resourcesOff-site storage (print)Other formats

Breakdown of resource format at SMCL

Purchased / Subscribed Content

statistics as of July 1, 2014

Purchased / Subscribed Content

Purchased / Subscribed Content

Purchased / Subscribed Content

Purchased / Subscribed Content

E-books 130,242

E-journals 85,277Streaming

media 81,629

askalib@stmarys-ca.edu

Purchased / Subscribed Content

License Agreements

Rules govern the use of electronic resources.

Each resource varies.

Beware: DRM; MUPO/SUPO; no share; no download

askalib@stmarys-ca.edu

Student Access

What will work best for your students to access course material?

ReferencesLibrary of Congress. (2008). Library of Congress collections policy statements supplementary guidelines. Retrieved from http://www.loc.gov/acq/devpol/electronicresources.pdf

West, J. (2014, Oct 14). After some victories, the time has come to legally define “fair use.” Retrieved from https://openstandard.mozilla.org/after-some-victories-the-time-has-come-to-legally-define-fair-use/

“Authentication.” (2006). In High definition: A-Z guide to personal technology. Boston, MA: Houghton Mifflin Harcourt. Retrieved from Credo Reference Collections.

https://flic.kr/p/7vBD4T

https://flic.kr/p/Nsepk

https://flic.kr/p/aA8ftx

https://flic.kr/p/aias1G

https://flic.kr/p/edquKX

via iStock images

http://nmlc.org/2010/01/recycle-your-gadgets-and-save-marine-animals/turtle-computer-cuny/

Photo Credits

https://flic.kr/p/4H9qPz

http://search.getty.edu/museum/records/musobject?objectid=5467

All other images screen captured by Sarah VitalVendor logos from their corporate websites

http://en.wikipedia.org/wiki/Georgia_State_University#mediaviewer/File:Georgia_State_University_Official_Seal.png

https://flic.kr/p/9RusBA

Digital Resources for Course Readings / Viewings

Prepared by Sarah Vital, Business Librarian, Saint Mary’s College of Californiafor Digital Drivers License

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