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Copying or Displaying Recorded Works: Advice for Faculty

Disclaimer: Information on this guide is based on the studied opinions of CU librarians, but is not legal advice.

 

Is It Protected by a License?

If so, can I use it while abiding by the License?

See Examples Below

1. License with a Publisher

2. Creative Commons License

3. End User License

 

 

1. License with a Publisher

 

    Example: OhioLINK Network License Agreement for Databases

  • "Licensee [end user] may view the data on its terminal [computer screen] or may print the data by printer (and may make limited copies of such print-out) solely for such purposes." -can only make copies for some of your students

  • "The data may be copied onto electronic or magnetic media or other machine-readable form solely for temporary use or storage for such purposes." -cannot copy for permanent use

 

    Example: McGraw-Hill Medical (Access Pharmacy) Terms of Use

  • "Licensee may download or print out only limited portions of the Content from the Site solely for your own internal research or study purposes." -cannot make copies for your students

  • "Licensee may not otherwise copy, transmit, rent, lend, sell, or modify any materials from Content or modify or remove any proprietary notices contained therein, or create derivative works or services based on materials from the Content." -cannot revise it, make a new version of it, translate into another language, etc.

 

    Example: JSTOR Terms and Conditions of Use

  • "Permitted for research activities, classroom or organizational instruction, student assignments, educational or organizational presentation or workshop, linking, sharing discrete portions of content for purposes of collaboration, comment, or the scholarly exchange of ideas, down-loading content to view or display" -may copy only part of the article for your students

  • "Prohibited for commercial purposes or gains, attempts to override or disable encryption features or software protections, downloading and/or distributing a significant portion of  content, modify or remove copyright notice or other attribution, systematically print out or download content to stock or replace print holdings, or attempt to download or print an entire issue of journal or substantial portions of entire run of journal" -may only copy some content even for educational purposes

 

2. Creative Commons License

 

Attribution
CC BY

Lets others distribute, remix, tweak, and build upon creator's work even for commercial purposes, as long as they credit creator for the original creation. -requires giving credit, allows any changes & for any purpose

 

Attribution-ShareAlike
CC BY-SA

Lets others remix, tweak, and build upon on creator's work even for commercial purposes, as long as they credit creator and license their new creations under the identical terms. -requires giving credit & license, allows any changes & for any purpose

 

Attribution-NoDerivs
CC BY-ND
Allows for redistribution, commercial and non-commercial use,
as long as it is passed along unchanged and in whole, with credit to creator. -requires giving credit, no changes, & using whole document, allows any changes & for any purpose

 

Attribution-NonCommercial
CC BY-NC
Lets others remix, tweak, build upon, and even produce deriva
tive works from it non-commercially, as long as their new works acknowledge creator. -requires giving credit & for non-commercial use only, allows any changes

 

Attribution-NonCommercial-ShareAlike
CC BY-NC-SA
Lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. -requires giving credit, for non-commercial use only, & identical license, allows any changes

 

Attribution-NonCommercial-NoDerivs
CC BY-NC-ND

Only allows others to download creator's works and share them with others non-commercially  as long as they credit creator, but they can’t change them in any way.  -requires giving credit, for non-commercial use only, & no changes

 

3. End User License

 

    Example: Netflix Terms of Use

  • "For personal and non-commercial use only" -only for family & friends who are with you - not classroom

  • "Access to Netflix services is non-transferable" -cannot give password to students to use

  • "Use Netflix service in accordance with all applicable laws, including public performance limitations" -not to be displayed in a classroom

  • "Not archive, download (other than for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale content from Netflix" -cannot revise it, make a new version of it, translate into another language, etc.

 

    Example: iTunes Apple Media Services Terms and Conditions

  • "Only for personal, noncommercial purposes" -only for family & friends who are with you - not classroom

  • "Not tamper with or circumvent any security technology included with the Services" -cannot bypass technological security even for educational purposes