Any material used in a web page -- text, images, websites -- not created by the instructor must be evaluated for copyright or fair use. Materials that are copyright protected must have permission for use already in hand before the content goes live. Permission for use is frequently granted in a timely manner but when dealing with a major publisher, this process can take weeks or even several months. Careful planning and forethought must be given as to which materials will be used in the course, which need copyright permissions, and what deadlines should be met. The library liaison for the course can work with the instructor to evaluate what permission is needed for use and initiate the process for copyright clearance.

External links to third party web sites do not need copyright permission, whereas inclusion of third party content in your course pages does require permission. Usually there is a fee associated with that permission. This restriction applies both to course content and to class assignments created by students.

The TEACH Act (Title 17, Section 110(2) of the US Code) gives faculty considerable freedom to use materials in a password-protected online course in much the same way that they would use them in a classroom for face-to-face teaching. It is important to remember that such materials must be part of mediated instruction, and cannot include any materials that would be assigned for reading, viewing, or listening outside of a regular class period. The exemption explicitly does not include any materials that students would normally have to buy, such as textbook chapters or course-packs.

Materials that are not part of the mediated instruction must have a permission. MSU Libraries licenses thousands of online journals that can be linked to a course site at no additional cost. Your Library Liaison is a good person to ask for assistance in finding appropriate articles and making the links.

Obtaining permission for articles that the Library has not licensed can take weeks or months and permission may be denied. Rights holders generally charge a royalty and faculty will need to arrange for their department or other entity to pay. Those needing help in getting a permission can use the form that can be found at http://copyright.lib.msu.edu.

Anyone wanting information about copyright law or MSU policies about the use of protected materials is welcome to consult Michael Seadle at the Library’s Digital and Multimedia Center (DMC). He is not a lawyer and cannot provide legal advice.

Faculty members who wish to contact rights holders themselves should send a copy of any permissions they receive to the Digital & Multimedia Center, which serves as a central repository for permissions for online materials. Sample permissions forms are available at: http://copyright.lib.msu.edu.

If you have questions, please call or e-mail the Digital & Multimedia Center, permissions@mail.lib.msu.edu or (517) 432-6123x296.

Questions about MSU-owned copyrights should go to MSU’s Office of Intellectual Property at http://oip.msu.edu/.