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By definition, open educational resources are licensed by their creator for free use subject to few if any restrictions, and neither permission nor fair use considerations are required. Consult the library's open educational resources guide for more details.
Making Digital Copies for Distance Learning
When physical print resources are inaccessible, it may be advisable to have digital copies made of the materials for students to access. We recommend taking the following into consideration:
Scan the minimum amount of material needed for educational purposes. (If you are asking the library to make the scans, this also makes less work for us.)
Consider the four factors of fair use (see below) and use them in deciding what and how much to scan.
Make this material available through your course Sakai; this is easier for students and ensures that only students in your course can access it (unlike the library reserves system).
Consider alternatives such as open access resources, or digital resources that are already in the library's collection.
What is Fair Use?
Fair use provisions of U.S. copyright law allow use of copyrighted materials on a limited basis for specific purposes without the permission of the copyright holder.
Is my use fair? -- The four factor test:
It is necessary to weigh all four factors to decide whether a fair use exemption seems to apply to a proposed reuse. Courts take a holistic approach -- they do not simply add up a positive or negative for each factor.
Judges have tended to focus on two questions that collapse the four factors:
Does the use transform the material, by using it for a different purpose?
Was the amount taken appropriate to the new purpose?
To help support a fair use case for an image:
Use lower resolution or thumbnail versions where possible;
Place the image in a new context or use it for a new purpose; and
Use only the parts of the image needed for the purpose
Information obtained from MIT Libraries http://mit.v1.libguides.com/content.php?pid=238777 and used with permission.
Copyright, Fair Use, and Teaching Online in the Time of COVID
This somewhat lengthy document lays out the fair use case for information resources in an educational context that would not be online were it not for the COVID-19 pandemic. Authored in March 2020, it provides useful guidance in a continually unpredictable teaching situation.