Copyright & Educational Content
Using Instructional Materials Responsibly
When creating or sharing instructional materials, faculty should consider copyright, licensing, accessibility, and student access. Copyright may apply to articles, books, images, videos, websites, lecture materials, assessments, multimedia, and AI-assisted content.
This page provides a practical overview of the main concepts and recommended practices for using educational content responsibly.
Key Copyright Concepts
| Topic | What It Means |
|---|---|
| Copyright | Protects original works such as books, articles, images, videos, music, presentations, and software. |
| Fair Use | May permit limited use of copyrighted material for teaching, scholarship, research, criticism, or commentary, depending on the circumstances. |
| Creative Commons | Allows creators to specify how others may reuse, adapt, or share their work. Explore the Creative Commons resources for additional guidance. |
| Public Domain | Includes works that are not protected by copyright and may generally be used without permission. |
| Licensed Content | Materials made available under specific terms, including resources provided through the University Library. See the Library Copyright Resources for more information. |
Practical Guidelines
Before sharing third-party content with students, follow these recommended practices.
| Recommended Practice | Why It Helps |
|---|---|
| Use only what is necessary. | Limit your use to the portion needed to support a specific learning objective. |
| Link instead of uploading when possible. | Linking to library databases, publisher sites, or authorized sources reduces copyright risk. |
| Use licensed or openly available materials. | Library resources, OER, Creative Commons content, and public-domain works are generally easier to reuse. |
| Provide attribution. | Attribution is an important academic practice, although it does not by itself establish fair use. |
| Limit access. | Share copyrighted materials through Canvas and restrict access to students enrolled in the course. |
| Avoid replacing the original work. | Do not provide content in a way that substitutes for a required purchase or licensed source. |
Understanding Fair Use
Fair use is evaluated case by case. Educational use alone does not automatically make a use fair. The four factors are:
- The purpose and character of the use
- The nature of the copyrighted work
- The amount and significance of the portion used
- The effect of the use on the market for the original work
For additional information, review the U.S. Copyright Office Fair Use Guidance and Copyright Fair Use: Media Law 101 from PBS.
Rules of Thumb for Fair Use
Although fair use is determined on a case-by-case basis, the following best practices can help reduce copyright risk.
- Use only what is necessary. Use the smallest portion needed to achieve your teaching objective.
- Use materials for a clear educational purpose. Your use should directly support teaching, learning, scholarship, criticism, or commentary.
- Limit access. Share copyrighted materials only with students enrolled in your course through a secure learning management system such as Canvas.
- Avoid replacing the original work. If students would otherwise need to purchase or access the original resource, your use may weigh against fair use.
- Always provide proper attribution. While attribution alone does not make a use fair, it is an important academic practice.
- When possible, link instead of copy. Direct students to licensed library resources, publisher websites, or openly available materials rather than uploading copies.
- Consider openly licensed resources. Materials with Creative Commons licenses or in the public domain are often better alternatives.
Open and Licensed Educational Materials
Whenever possible, use content designed for legal reuse and broad student access.
| Resource Type | Examples |
|---|---|
| Open Educational Resources | Open textbooks, modules, activities, and course materials. Explore materials through OER Commons. |
| Creative Commons Content | Images, videos, and documents with stated reuse permissions. Learn more through Creative Commons Resources. |
| University-Licensed Resources | Articles, e-books, journals, and streaming media available through the library. Consult the Library Copyright Resources. |
| Public-Domain Materials | Works that may generally be reused without permission. |
Copyright Considerations for Media and Course Content
When creating instructional materials, consider the format, intended audience, and method of distribution.
Videos and Recordings
- Confirm use permissions for embedded content.
- Consider whether recordings will be publicly available.
- Verify media accessibility requirements.
For a practical overview, watch Using Copyrighted Content on YouTube Without a License: Copyright Fair Use Explained.
Course Documents and Slides
- Use accessible and shareable formats.
- Attribute sources where appropriate.
- Avoid distributing copyrighted materials beyond their intended use.
AI-Generated and Adapted Content
When using AI-supported tools:
- Review institutional expectations.
- Verify attribution and content ownership considerations.
- Evaluate appropriateness for teaching use.
For a more detailed discussion, view the webinar Copyright, Fair Use & AI.
Disclaimer
The information on this webpage is provided for general educational purposes and is not legal advice. Copyright and fair use decisions depend on the specific facts and circumstances of each situation, and educational use does not automatically qualify as fair use. The U.S. Copyright Office notes that fair use must be evaluated case by case and that no fixed percentage, word count, or time limit guarantees that a use is lawful.
Faculty are responsible for determining whether they have appropriate permission, licensing, or a valid legal basis for using and sharing copyrighted materials. For institution-specific guidance or questions involving significant legal or financial risk, consult the appropriate university office or legal counsel.
Need Assistance?
For assistance, please submit a ticket through the CLU Help Desk at helpdesk@callutheran.edu.
For questions about copyright, permissions, or the appropriate use of copyrighted materials in your course, please consult with the University Library for guidance and support.