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Augusta University

Copyright & Fair Use

This guide provides information on copyright and fair use for the classroom and publishing.

Section 110(1) of the U.S. Copyright Law allows exceptions for the public performance of copyrighted materials for in-person educational purposes (i.e. in the classroom). These exceptions are limited to only lawfully made materials and to non-profit educational institutions. 

The best practice for using material under copyright in online instruction is to provide the citation(s) or the permalink. Embedding an article or digital media can become a violation of copyright, particularly if measures aren't taken to disable downloading or cut/paste features.When material is downloaded and shared, this becomes distributed copies of the material and is a copyright violation.Streaming video is also an acceptable way to avoid copyright violation. 

The TEACH Act allows permissions for the use of online material under copyright in online instruction; however, there are many provisions that must be met by the instructor and by the affiliated institution: 

Instructional Provisions

  • Limited to a specific number of students enrolled in a specific class
  • Part of regular instructional activities
  • For ‘live’ or asynchronous class sessions

Institutional Provisions

  • Accredited, non-profit educational institution
  • Developed and publicized copyright policies
  • Implementation of technological measures to ensure compliance with the Act policies, including password protection, location authentication (IP address), content time outs, disabling of print and cut/paste features, etc. 

The TEACH Act does not include:

  • Course e-reserves
  • Course packs
  • Digitizing print materials to make a digital copy, unless there is no digital version available and permission is sought from the copyright holder
  • Document delivery services
  • Interlibrary loan services
  • Textbooks or other digital content provided under license 

Libraries and museums operate under the first sale doctrine, also referred to as the principle of exhaustion: after the first sale of the material, the right of distribution and the right of public display is exhausted.

  • This means that the Library doesn't own the copyright but can lend books and other physical materials. It does not mean, however, that the work can be reproduced or re-created in any way. 

Section 108 of the U.S. Copyright Law does permit exceptions for libraries and archives to reproduce copyrighted materials for specific purposes, such as preservation, replacement, and research.

Digital materials like eBooks and electronic journal articles are typically not purchased directly but rather through a license. The license is for access, and in some cases for lending and reuse, but not for ownership of the material.

  • This is why many of the Libraries' resources must be accessed through a proxy user (i.e. signing in with a JagNet ID and password), because the license purchased is restricted to only those affiliated with AU.

A common issue that occurs with digital materials is in the distribution. In many cases, distributing digital materials means making a copy, which is in violation of copyright and the doctrine of first sale. 

 

Do I own my work produced at Augusta University or does the University own it?

The following information is taken from the Augusta University Intellectual Property Policy. 

Rights and equities in intellectual property created by AU faculty, staff, and students are determined on the property's inclusion in one of the following categories:

  • Sponsor-Supported Efforts: The sponsor (i.e. grant funding agency) (1) may specify that the materials be placed in the public domain, (2) may claim reproduction, license-free use, or other rights, or (3) may assign all rights to the institution. In other words, the sponsor determines rights and equities.

          Example: The NIH Public Access Policy -- an electronic copy of all final, peer-reviewed published manuscripts must be made publicly available through PubMed Central within 12 months of the publication date.
 

  • AU-Assigned Efforts: AU holds ownership of intellectual property developed as a result of assigned institutional effort. This type of work is considered as works made for hire. The general obligation to produce scholarly and creative works does not constitute a work for hire or a specific University assignment. 

          Example: Any promotional or branding material for departments made for new student orientations.

          Example: Work supported by University grants.

  • AU-Assisted Individual Efforts: AU and the individual share ownership of intellectual property in cases where the individual makes significant use of University resources, such as research funding and the use of facilities other than office or library resources. 

  • Individual Efforts: Individuals hold ownership of intellectual property provided that (1) there is no use of AU resources in the creation of such intellectual property except in a purely incidental way (unless such resources are available without charge to the public); (2) the intellectual property is not prepared in accordance with the terms of an AU contract or grant; (3) the intellectual property is not developed by faculty, staff or students as a specific AU assignment.