Incorporating copyrighted content into your course legally

Even if you are writing your own open educational resource, there is a good chance you will want to include some outside content (text, images, video, or audio) to enhance it. As mentioned in The Basics of Open Licenses, Copyright, and Fair Use, we at COERLL encourage you to use outside content that is openly licensed.  Searching for open authentic media can open up a whole new set of ideas and provide lots of creative options you may not have considered. So, if you want to include outside media for your students in your OER, first take a look at open media!  

If you have searched open media and incorporated it into your OER, but still feel there is something missing that can only be accomplished with a specific copyrighted piece of content, here are some options for including that copyrighted content in your OER.  

Reproducing copyrighted content under fair use   

Use if:  

• You have found no open equivalent for the content you want to use  
• You have taken the time to read and understand fair use guidelines, or can work with a librarian to do so 

Avoid if: 

• You cannot articulate how the copyrighted content you’re using aligns with your teaching objectives 

How to reproduce copyrighted content

The recent (February 2021) Code of Best Practices in Fair Use for Open Educational Resources Links to an external site., published by the American University Washington College of Law and the Center for Media & Social Impact, summarizes four ways you can legally use copyrighted work in an open educational resource:  

1. 1. Using inserts as objects of criticism and commentary 
   2. Including inserts for the purpose of illustration (illustrating a concept – not decorative illustration)  
   3. Incorporating content as learning resource materials (as a way for students to practice their skills) 
   4. Repurposing pedagogical content from existing educational materials 

Important: if you have determined your use of copyrighted content is transformational in at least one of the above ways, be sure to properly cite the author and source of the content and clearly mark that the content is copyright restricted. You may also want to keep notes for yourself about your reasoning for using the copyrighted material.  

Linking to external content

Use if: 

• You want to use a larger piece of content that cannot feasibly be reproduced in the OER  
• You want to use content in a format that is difficult to replicate or incompatible with the format of the new OER you’re creating  

Avoid if: 

• Students with disabilities would have trouble reading/viewing the linked content  
• Students with limited internet access would have trouble accessing the linked content 
• You are unsure of the lasting availability of the content  

How to link

• Simply include the link in your resource. If possible, you may want to save a copy of the linked content for your own personal reference, in case the link changes or disappears.  

Example

The lesson "Historia y evolución del español" in the unit Saber es poder Links to an external site. by Vianey Cabrera incorporates copyright material by using the linking method.  

Asking students to find the content themselves

Use if: 

• You want to promote digital citizenship by teaching students to do online or library searches 
• You work at an institution with a large library collection available to students 

Avoid if: 

• You expect the students to have difficulty finding the content themselves  
• Students do not have reliable internet access 

How to ask students to search

• Give students instructions for how to find the content by searching online, or at the library.  

Example

Give students the instruction to "Go to YouTube and type 'Bread and Roses film'". 

Other considerations

• The fair use code of best practices states that if you are relying on fair use, you do not need to ask permission of the author. For COERLL projects, we require OER authors to write to the creator of copyrighted materials as a courtesy.
• If you choose to ask permission to use copyrighted content, Open Washington has offers a sample copyright clearance letter Links to an external site..  

 

 

Learn More about Copyright

•  Video of Meredith Jacob and Will Cross summarizing the fair use best practices (00:58:03)

•  Stanford University Libraries Copyright & Fair Use page Links to an external site.
•  Perma.cc Links to an external site. helps preserve cited links
• University of Minnesota Fair Use tool Links to an external site., a questionnaire to help you think through your use of a copyrighted resource.

 

 

Icon credits (all accessed at the Noun Project Links to an external site. and licensed under CC BY Links to an external site.): #1 "fairness Links to an external site." by Kahalap Links to an external site., #2 "Search Links to an external site." by I Putu Kharismayadi Links to an external site.,  #3 "link Links to an external site." by Graphic Enginer Links to an external site.,  #4 "Letter Links to an external site." by Thuy Nguyen. Links to an external site.

 

Go to the next page to learn about tools for authoring open materials.