Copyright
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!
Several librarians across the CSU put together a copyright specific guide. More information about copyright and fair use is available on the CSU Copyright Guide.
Fair Use
Fair Use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, section 107.)
Fair Use in Academia
The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of Fair Use and its importance in academia make it imperative that every member of the CSU community understands how to make judgments concerning Fair Use. Review these Common Scenarios to help you determine whether or not Fair Use is appropriate.
What Determines Fair Use?
The following four factors are used to determine if a use is fair:
- The purpose of the use (e.g., commercial vs. educational)*
- The nature of the copyrighted work (e.g., to what extent is it a creative work)
- The amount of the material used (the greater the amount copied, the less likely it is to be Fair Use)
- The effect of use on the potential market for or value of the work
* Not all uses in an academic context are automatically considered fair!
Tools to Help You Determine Fair Use
Fair Use Evaluator: Helps users collect, organize, and document the information they may need to support a Fair Use claim and provides a time-stamped PDF document for the users’ records. Developed by the American Library Association, Office for Information Technology Policy. Fair Use Checklist: From Columbia University, this widely regarded tool walks you through the necessary steps to determine if how you will use a resource falls within Fair Use. It has been road tested as well: In the recent Georgia State legal case, the court noted that the checklist was a good tool for faculty use. Understanding Fair Use: Developed by The University of Minnesota Libraries.
If you have any questions or want to get involved in CSUSM affordable learning initiatives, please reach out to the CALM Team.
Open Educational Resources (OER), Open Access (OA), and Library-Licensed Materials
Open Educational Resources (OER)
OER are "learning, teaching and research materials in any format and medium that reside in the public domain or are under copyright that have been released under an open license, that permit no-cost access, re-use, re-purpose, adaptation and redistribution by others" (unesco.org).
Open Access (OA)
For information about Open Access, please visit the Open Access page on our Scholarly Communication Guide.
Library-Licensed Materials
Library-licensed materials include ebooks and articles that are available through the University Library databases. Ebook licenses may range from 1-user to unlimited user licenses. For more information about the different ebook licenses the University Library provides, please visit the Guide to Library Ebooks.
General OER Resources
Mason OER Metafinder searches 22 sources of open education materials, including sources like OpenStax, OER Commons, MERLOT, HathiTrust, Internet Archive, and more!
Merlot "is a curated collection of free and open online teaching, learning, and faculty development services. It includes about 7,000 open access textbooks.
Openly Available Sources Integrated Search (OASIS) currently searches 115 different sources, including: textbooks, public domain books, courses, interactive simulations, and more!
OER Commons contains a multitude of resources, including: textbooks, homework assignments, courses, interactive assignments, activities/labs, and more.
Open Textbooks
BCcampus OpenEd provides open textbooks covering 40 subject areas, as well as trades, technology, and skills training.
OpenStax provides open textbooks for the following subjects: Business, College Success, Essentials, Humanities, Math, Science, and Social Sciences
Textbooks in the Open Textbook Library are free to use and distribute, and are licensed to be freely adapted or changed with proper attribution.
OneSearch jump-starts your research by giving you a single place to begin looking for articles. This search tool provides instant access to much of the content available in our 150+ databases.
Pressbooks provides open access books, including interactive OER with learning activities.
Course-Specific OER
Cool4Ed provides course-specific OER. You can search in the C-ID/Course Materials page to find textbooks and OER being used for specific courses. Explore the Faculty Showcase page to learn how specific faculty have used OER in their courses.
OpenOregon provides course-specific Open Education Resources that are being used at Oregon's public community colleges and universities.
SJSU Affordable Learning Solutions: Open Educational Resources by College
San Jose State University has created an extensive guide with OER specific by college and subject.
Courseware
Lumen courseware provides interactive content (text, simulations, practice questions, etc.) and more. Options include: Lumen One, Online Homework Manager (OHM), and Waymaker.
OER Commons contains a multitude of resources, including: textbooks, homework assignments, courses, interactive assignments, activities/labs, and more.
Newly launched in Fall 2023, Assignable allows your to assign readings from OpenStax textbooks directly within the LMS, assign questions, and assign culturally responsive and interactive materials from OpenStax.
Pressbooks provides open access books, including interactive OER with learning activities.
Organizations
- ASCCC OERIThe Academic Senate for California Community Colleges Open Educational Resources Initiative (OERI) provide upcoming and archived webinars on OER. The ASCCC OERI website also includes OER resources.
- CAopenEDThe California Alliance for Open Education (CAopenEd) equips campus leaders and administrators with the training, guidance, and resources they need to reduce course material costs and increase student success.
- CSU AL$CSU's Affordable Learning Solutions advocates for reducing the cost of course materials so that CSU students have equitable access to the course materials they need to be successful in their coursework.