 Hi, I'm Sharon Farve, Associate University Librarian for Collection Management and Scholarly Communication at the UCLA Library. And I'm Amy Blum, Senior Campus Counsel for UCLA. The podcast you're about to see is about best practices for using copyrighted reading material in course management systems. To begin, remember that copyright owners hold the exclusive right to copy, make derivative works, distribute, perform, and display a given work. In most conventional uses of materials, you would need to get written permission from the copyright owner in order to reuse the material in each of these individual ways. But in the educational setting, we enjoy a lot of leeway through the exceptions built into the Copyright Act. Let's say you're an instructor who has or is building a list of materials to use for your students in a class. And you'd like to distribute as much as possible to your students through course management systems such as CCLE, Blackboard, or Angel. First you'll need to determine whether each individual item is protected by copyright. You should assume that any material not authored by yourself, whether published or not, is protected by copyright, unless you determine otherwise. There are tools available online to help you make this determination. The American Library Association's Copyright Slider tool can help you determine the copyright status of each individual item. And you can consult a more detailed chart authored by Peter Hurdle at Cornell University. If you are unsure about any particular item, there are librarians that can help and will point you to them at the end of this video. We will help you use whatever materials you deem most appropriate, but whenever you have the opportunity, try to use materials that are freely available, find items in the public domain, or that are made available for reuse by a Creative Commons license. These materials can be used quarter after quarter without you or your students incurring any fees. Invariably you will have a list of material that is covered by copyright that you intend to use for your class. With that list in hand, determine if the library owns or licenses the work for you. You can check online in the catalog yourself. Or instead email that list to copyrightatlibrary.ucla.edu, and one of our librarians will analyze the list for you and determine which items are owned or licensed by the library on your behalf for you to use in your class. For any items licensed by the library and provided in electronic form, the preferred distribution method is to provide links rather than uploading the PDFs to your course site. Also under certain conditions, the library can scan print materials from our collection and provide access to them through our electronic reserve system, which can be linked to your course site. If the library does not own or license the work and it is vital to your teaching, the library is very responsive to all faculty instructional needs and will consider your requests within the confines of our budget. If you're left with any items that are not freely available or licensed by the library, apply the Fair Use Doctrine found in section 107 of the Copyright Act and use whatever qualifies. And keep in mind that Fair Use does not allow any and all educational uses. Also a distinct Fair Use Determination must be made for each item you intend to use. According to the law, you must balance four factors. The purpose of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market the use will have. While the purpose of the use will be educational, which generally weighs in favor of a Fair Use Determination, you must still consider all four factors in your determination. Also the more transformative the use, meaning that the material is used in a different manner or for a different purpose from the original, the greater the balance toward finding Fair Use will tip. For fairly risk-free uses, the UC has provided some guidance in a 1986 policy. But remember, Fair Use may permit you to make uses far beyond those reflected in the guidelines. Fair Use is explained in more detail in a separate video and there are additional materials available on the library's website. Librarians are also available to explain Fair Use if you have any questions, but you must make your own Fair Use determinations. We encourage you to employ Fair Use in good faith and to the greatest extent possible. If you would like assistance in assessing your Fair Use rights in connection with course materials, the Office of the Campus Council is available to assist you. Finally, for those items protected by copyright but beyond the bounds of Fair Use, you have two options. You may either require your students to individually purchase each item or you may obtain permission for distribution in your class, which may involve a fee. After taking that step, consider it going back to the start and finding alternative materials that meet your teaching needs, either material that is freely available or licensed or owned by the UCLA library. Remember, it is the instructor of records responsibility to comply with the copyright laws in the distribution of course materials. The library stands ready to consult and assist with finding appropriate library materials purchasing items to add to our collection, finding freely available materials and helping you understand how to make Fair Use determinations. Thank you and we'll see you next time.