Waggoner Library: Copyright: For Faculty

Intellectual property is defined as

Property (such as an idea, invention, or process) that derives from the Images work of the mind or intellect; also an application, right, or registration relating to this.

- Retrieved from https://www.merriam-webster.com/dictionary/intellectualproperty

TNU Intellectual Property Rights Policy
Policy to protect the rights and interests of University constituents as well as the University itself; and to provide University constituents with information that will guide understanding of intellectual property and its application at Trevecca Nazarene University.

In summary, if instructors and/or institutions wish to take advantage of the opportunities provided by the TEACH Act for using copyrighted materials, they must reasonably:

limit access to copyrighted works to students currently enrolled in the class;
limit access only for the time needed to complete the class session or course;
inform instructors, students, and staff of copyright laws and policies;
prevent further copying or redistribution of copyrighted works; and
not interfere with copy-protection mechanisms

Codes of Best Practice in Fair Use for various areas such as Poetry, Communications research, and films can be found on the Codes page.

A persistent link or permalink is a stable web address that will consistently point to a specific information source such as an article or other document in a full-text library database. These may also be called a stable link, durable link, permanent link or document link, depending on the resource.

Why should I use a persistent link and not just copy the URL in the browser address bar?

URLs that appear in the address bar of your web browser when you search within a library database usually contain dynamically generated session-based or search-based information that will not work when copied and used at a later time.

Why should you use a persistent link rather than just uploading an article into Blackboard, Google docs, faculty webpages, email or elsewhere?

You may be in violation of copyright law or license restrictions if you post content without appropriate authorization or permission. Using persistent links is the safe process to provide needed content to users without violating copyright law. See the U.S. Copyright office for more information about copyright law. Persistent links can also used to help track usage statistics which in turn help the library to purchase the right resources for you.

Did you post the link to an article or other document in a syllabus, reading list, word document or in Blackboard and now the link doesn't work anymore?

The URL may have come from our resources BEFORE our new system was implemented. All links created before July 1, 2017 would need to be updated.
It's possible you copied the URL from your browser web address; that URL only works during the time you are in that online session.
When on campus, access is transparent -- you are being authenticated even if you don't realize it because IP address is recognized.
When off campus, authentication via a proxy server, allows Waggoner to recognize and authenticate Trevecca library users. In order for the library's electronic resources paid subscriptions (eBooks, journals) to work from outside the campus network or off campus, they must contain the library's proxy in the URL or web address. This in turn will open a dialog box prompting the user to enter their name and Blackboard login. The persistent link contains this needed information to guide the users through the correct process to access the document.

How do I find persistent links?

Most research databases include a persistent link in the article record. The terms used and the location of these links in the record vary from one database to another. The related research guide will show you how to find these links within different databases.

Use this free online tool developed under the auspices of the American Library Association to determine whether you may use a copyrighted work for instructional purposes.

Exceptions for Instructors
Guides users through the educational exceptions in U.S. copyright law, helping to explain and clarify rights and responsibilities for the performance and display of copyrighted content in traditional, distance and blended educational models.

These free on-line tools can help you determine whether your proposed use is "fair" and can also generate a record of your analysis.

While no one (not even copyright lawyers) can make a definitive determination of fair use, the documentation of a good-faith analysis can reduce your chances of being sued for infringement.

Copyright Genie
This can't grant copyright wishes, but it can take the magic out of copyright by: Helping you find out if a work is covered by U.S. copyright; Calculating its terms of protection, and collecting and publishing the results (as a PDF) to save for your records or further vet with a copyright specialist.
Fair Use Evaluator
This online tool helps collect, organize, and document the information needed to make a fair use determination and to support a fair use claim, and provides a time-stamped PDF document of the analysis.
Public Domain Slider
The Public Domain Slider is a tool to help determine the copyright status of a work first published in the United States. Most of us know that any work published before 1923 is in the public domain. Still, the copyright status for copyrighted works after 1923 can be difficult to determine because of varying copyright registration requirements over the years and because the term of copyright has changed several times.
Section 108 Spinner
Section 108 of the U.S. Copyright Code allows libraries & archives, under certain circumstances, to make reproductions of copyrighted materials without the permission of the copyright holder. This simple tool can help you determine whether or not a particular reproduction is covered by this exemption.

When the Technology, Education, and Copyright Harmonization (TEACH) Act was enacted in 2002, librarians hoped it would clarify copyright exceptions for the digital delivery of content for distance education. In reality, understanding what is permitted under the TEACH Act and the Digital Millennium Copyright Act (DMCA) and existing exceptions like fair use have become more confusing to many practitioners. As a result, there are many more questions about what is permitted.

Copyright for Libraries, ALA, Videos & Movies
Use of Videotapes/DVDs/Video Files
Please note that ALA cannot give legal advice. If you need legal advice, you should contact an intellectual property attorney.
The Copyright Act of 1976 governs the rights of reproduction, adaptation, distribution, and public performance and display. Several sections of this act have implications for videocassettes, DVDs and computer file formats.

The Library collection includes thousands of full-text books, articles, and creative works. Your department's Library Liaison can help you determine whether your work is included and help you find specific resources.

For a complete list of Trevecca electronic resources covered by copyright click here.