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Best Practices Guide

Copies may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

  • A chapter from a book;
  • An article from a periodical or newspaper;
  • A short story, short essay, or short poem, whether or not from a collective work;
  • A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
  • Check EKU Libraries’ electronic databases to see if we have an article online, linking is always better than copying.  Don’t know how, email Linda Sizemore.
  • Each copy includes a notice of copyright.
  •  The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
  •  The copying of the material is for only one course in the school in which the copies are made.
  • Not more than one short poem, article, story, essay, or two excerpts may be copied from  the same author, nor more than three from the same collective work or periodical volume during one class term.
  • Copying cannot substitute for the purchase of books, publishers’ reprints, or periodicals;
  • Copying cannot be repeated with respect to the same item by the same teacher from term to term.

Media Allowable Portion for Fair Use in Blackboard:

  • Motion media (e.g., video): Up to 10% or 3 minutes, whichever is less.
  • Text material: Up to 10% or 1000 words, whichever is less
  • Music, Lyrics, Music Video: Up to 10%, but no more than 30 seconds.
  • IllustrationsPhotographs: No more than 5 images from an artist/photographer, or no more than 10% or 15 images, whichever is less, of collective work.
  • Copyright owner information must be attached to the image and appear on the screen with the image.
  • Warning must be provided that site may not be copied since it contains copyrighted work.
  • If duplication of materials from site cannot be prevented, they may be only be available for 15 days.

Using Audiovisual Materials:

  • Lawfully made or purchased videotapes or DVDs may be shown in the face-to-face classroom when the purpose of the performance or display is educational to students on the class roster.
  • Material labeled “Home Use Only” may be shown in a classroom as long as it is for educational purposes.
  • According to the TEACH Act, applies to online classes not face-to-face, only "reasonable and limited" portions of VHS and DVD audiovisual works may be digitized and streamed for the online classroom. An exception to this may be stated in the license agreement that EKU has with the work's vendor.
  • Streaming films through Films on Demand purchased by EKU Libraries may be linked to your Blackboard course or students can view them on their own time.
  • A videotape or DVD may not be shown publicly (i.e. to an uncontrolled group and outside of the classroom) without first obtaining permission from the copyright holder.

Electronic Reserves:

  • Items placed on reserve should be part of the instructional objectives of the class and intended for the use of students in the class.
  • An item may be placed on electronic reserve one time under fair use guidelines without having to obtain permission, but each subsequent use requires permission and payment of usage charges, if necessary.
  • Access to reserve material must be limited to those students enrolled in the class.
  • Electronic reserves may only be made available for the duration of the class. Access to them must be disabled when the class ends.
  • Each reserve item must include a notice of copyright.
  • Linking to a reserve item is preferable to creating a copy of the item. Since linking does not involve appropriating content but is simply pointing the student to an item, copyright doesn’t actually come into play. You can link to anything you want without having to obtain permission.
  • If you wish to place material on electronic reserve, please contact  Linda Sizemore.   The staff will locate a full text copy of the item for you, obtain the necessary usage permissions and pay any usage charges, and provide a link to it or load the item directly into your Blackboard course shell.
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