How to Determine Compliance
Resources for making and tracking decisions about fair use, coursepacks, permissions, the TEACH Act, and other copyright issues- Copyright Decision Map
(University of Minnesota Libraries) - This diagram from the University of Minnesota's Copyright Website steps through the process of evaluating how to determine whether a resource is protected by copyright and, if so, how to comply with the law to use it. Although some of the information is specific to the U of Minn, like licensing, the general principles are generally applicable. This is an excellent illustration of how to think through a complex process.
- Is it Protected by Copyright?
(Michael Brewer & ALA Office for Information Technology Policy) - Use this tool to determine whether a published or unpublished work is protected by copyright or in the public domain. This is for works first published in the US.
- RoMEO: Publisher copyright policies & self archiving
(SHERPA. Securing a Hybrid Environment for Research Preservation and Access) - This site, based in the UK, is designed to assist authors in managing their rights by categorizing rights in a standard format. Authors can view summaries of publishers' copyright policies in relation to self-archiving, check to see if publisher policies comply with funding regulations, and search journal and publisher information by Journal Title, Publisher Name and ISSN. Not all publishers are represented and not all records are up-to-date, but this is a good place to find out which publishers follow "open access" policies more closely.
Jump To: Coursepack Copyright Compliance Guidance : Fair Use Analysis : Permissions Requests and Documentation : TEACH Act Analysis
- Use the Coursepack Analysis flowchart to determine if your coursepack/syllabus is compliant with copyright law. A coursepack is considered to be a compilation of materials that are handed out to students as part of a mediated class.
- This flowchart only covers the topic of copyright compliance. You still must comply, if applicable, with other pertinent policies and regulations, including HIPAA. If you are using actual patient information, data, photographs, or other patient information, you must complete a HIPAA compliance certification available from the MUSC HIPAA officer.
- The Fair Use exemption for handouts to students favors a spontaneous desire on the part of the faculty member to use the work of another for timely course related information to the students. Repeated use of the same material (i.e. from semester to semester) is disfavored.
- Compliance with Fair Use in a coursepack scenario generally requires that copied materials be provided at cost and not for a profit.
- The MUSC Faculty member who creates the coursepack is responsible for complying with these guidelines by following the Coursepack Analysis flowchart and completing the required documentation. If you contribute the work of another to a coursepack, you are responsible for providing to the coursepack organizer assurance that use of the work comports with this guidance.
- For additional information or assistance contact the University General Counsel.
