Copyright law is complex and subject to change. This guide is intended as a general reference only and cannot substitute for legal advice.
See the specific tabs of this guide for more in-depth information on:
IMPORTANT: Copyright law is complex and and constantly changing. This guide is intended as a general reference only and cannot substitute for legal advice.
Common misconceptions about copyright
If it's on the internet, it's free to use.
The easy accessibility of materials on the internet leads people to assume that whatever they find is free to use. That's not how it works, however. These materials are covered by copyright protection. Unless something specifically indicates that you may use it freely, or freely in specific circumstances (see Creative Commons), assume that permission is required. A fair amount of material available online may also be in the Public Domain, but don't assume something is; check it out.
As an educator, everything I want to do for my students is covered under fair use.
This is not true. The fair use exemption (for educational uses or otherwise) is a case-by-case determination. There are multiple factors that go into determining whether a work meets this exception. See the Fair Use tab for more complete information. Education does have its own carved out exceptions. Check out the Educational Use tab for more information.
As long as I cite my source, I don't need to worry about copyright.
Citing your sources is extremely important and is a critical part of demonstrating that you haven't plagiarized, but it doesn't exempt you from copyright law violations. Fair use limitations still determine whether your use is permissible.
If something doesn't have a copyright symbol (©), it's not protected by copyright law and is free to use.
The absence of a copyright symbol or statement doesn't mean a work isn't protected under the law. Any work created after 1989 is automatically protected from the moment of creation.
As an instructor, if I use something in my face-to-face class, I can use it in my online class.
Unfortunately face-to-face classes and online classes are treated completely differently under copyright law. See the Educational Use tab for more details.
I can use former students' work for examples because it was created while the student was enrolled.
Students own the copyright to work they create for a class from the moment of creation. If you want to use a former student's work, get and retain explicit permission in writing.
If I want to show a movie or television show to students, it's covered because it's educational.
Maybe. Doing so requires meeting specific guidelines, and these differ depending upon whether a use is for a face-to-face or online class. If the use is outside of a specific class context, you will need a public performance license. See the Educational Use tab and Public Performance tab for more explicit information.