Copyright: Blackboard and E-Reserves

Advantages of Blackboard

Blackboard has the advantage of being a self-contained, password-protected, site. When adding material to Blackboard, it is frequently possible to link to copyrighted items in the library databases. See the tab titled, "Linking to Licensed Resources."

Disadvantages of Blackboard

In some cases faculty may need to use items that are not available in the library's electronic resources. If a reading is not linkable through a licensed database, faculty must run a fair use analysis and handle their own permissions and royalties for non-compliant copyrighted material. Faculty may also be unfamilier with TEACH Act requirements  for film streaming. (Teach Act Guidelines may be found by clicking on the TEACH Act tab.)

Advantages of Ereserve

The Library can manage faculty course reserves, print or electronic. The advantage to library management is that the Library staff will check copyright compliability. They will also alert faculty if a reading is available through a library licensed database or e-book collection. In addition, the library can create durable links for specific articles, e-books and chapters. The library staff will also ensure that proper copyright notices appear on all course materials.

 Disadvantages of Ereserve

Not many, but staff do need 2-5 working days lead time.

What is considered Fair Use when posting course materials through E-Reserves?
This is a summary. The Arnold Bernhard Library follows the "Classroom Guidelines" for Reserve and E-Reserve material. (For the underlying congressional reports and discussion of reproduction for librarians and educators, follow this link.)

• a single chapter from a book
• a single article from a periodical or newspaper
• a single short story or short essay (less than 2,500 words)
• one short poem (less than 250 words)
• one chart, graph, diagram, drawing, cartoon or picture per book, periodical, or newspaper issue
• all lecture notes, answer keys, tests, etc. that are owned by faculty 

Can I load readings into Blackboard that I used to put on E-reserve?

Yes, but uploading copyrighted readings into Blackboard does not change the necessity of running a Fair Use analysis, employing the TEACH Act or of seeking permissions when necessary.

What is required when posting class readings?

• Be sure posted copies carry a complete citation and a copyright notice ("This material may be protected by copyright law (Title 17 U.S. Code)"
• Only copy the portion of the work that is necessary and no more for the intended use.
• Only students enrolled in a course should have access to the Blackboard site or to the E-Reserves site. The E-Reserve site must be password protected.

Is scanning or digitizing my readings considered making a copy?

Yes.    

What about using images, music, audio or video recordings in Blackboard?

The use of these media in Blackboard involve the issues of performance and display in digital transmissions. Faculty may refer to either the  TEACH Act tab  or the Fair Use tab for guidance.  Some Fair Use answers appear above. Fair Use in most cases would not grant more freedoms than the Teach Act. (Kevin Smith)

The best way to transmit media in Blackboard in order to be in compliance with the TEACH Act is with the use of streaming.

Other suggested methods for protecting copyrighted images and recordings or performances include the use of low resolution images, thumbnails, digital watermarks, disabling the right click copy function, overlaying the image with a transparent GIF, using the image as a background in a table, or using digital rights management. For details see "Tips and Techniques to Protect Images on the Internet."

When considering the use of media in online teaching, technological protection measures or digital rights management may come into play. The Digital Millennium Copyright Act carries strict prohibitions against overriding TPMs and DRM. See the DMCA tab for a brief explanation.