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Adler University Library Policies: Copyright Compliance

Adler University Library's policies on: borrowing (including fines/fees, recalls & holds), eResources usage, interlibrary loan, course reserves, copyright compliance, donations/gifts

What are the Library's policies on copyright?

The Adler University Library copyright policies are designed with two goals:

  • Ensure compliance with US or Canadian copyright laws, as they apply to Library services (e.g., interlibrary loan, course reserves, library-provided reproduction equipment, etc.);
  • Educate patrons about their rights and responsibilities concerning copyright in the Library setting.

In addition to the general policies found on this tab, copyright policies related to individual areas of Library services can be found in the sections of the Library’s policies that are specific to each service, i.e., copyright policies with respect to interlibrary loan are located with interlibrary loan policies.

Contact us

Harold & Birdie Mosak Library- Chicago
17 North Dearborn, 15th floor
Chicago, IL 60602
Phone: 312-662-4230
Library Email

Adler University Library-Online 
Phone: 312-662-4316
onlinelibrary@adler.edu

Adler University Learning Commons - Vancouver
520 Seymour Str., 3rd floor

Vancouver, BC

V6B 3J5

Phone: 236-521-2405
Library Email

Are there different copyright provisions for classes taught online?

Online educational environments, including online courses and any portions of face-to-face courses that are conducted online (i.e., through an LMS such as Ember) are subject to the same copyright law as materials used in a fully face-to-face setting. 

Any materials used in online settings that cannot be accessed through a secure URL must either (1) comply with fair use provisions set forth in §107, Title 17 U.S.C., or (2) be used with express permission of the copyright holder. Copyright permissions may be included in the Library’s Academic Copyright License (obtained through the Copyright Clearinghouse Center) or obtained directly from the copyright holder.

What is copyright?

Copyright, a form of intellectual property law provided for in the U.S. Constitution, protects original works of authorship fixed in a tangible medium of expression, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

Copyright does not protect facts, ideas, inventions, discoveries, systems, methods of operation, titles, slogans, or short phrases, although it may protect the way these things are expressed. Copyright covers both published and unpublished works. 

Copyright applies automatically when a work is created and does not require any formal registration or publication.

Generally, the owner of a copyright has the exclusive right to do and to authorize others to do any of the following:

  • Reproduce the work 
  • Adapt the work 
  • Distribute copies of the work to the public
  • Display the work publicly
  • Perform the work publicly

Statutory limitations on a copyright owner’s exclusive rights regarding an original “work of authorship” include fair use and library and educational uses when certain criteria are met. 17 U.S.C. §§107, 108, 109, and 110 provide for and define the extent of these limitations.

Provided for in 17 U.S.C. §107, fair use is determined by examining four factors; the purpose of the use, the nature of the work used, the amount of the work used, and the effect the use will have on the potential market for the work. All four factors must be examined before a “good faith” determination can be made regarding the fair use of a copyrighted work.  Each such determination is made on the unique facts of the use.

Adler University copyright policy

It is the policy of Adler University to comply with federal copyright law and all related law codified at 17 U.S.C. §101 et seq. All faculty, staff and students must adhere to School copyright policy and are expected to seek consultation and advice from the Library when using the copyrighted works of others in the course of instruction.

Adler University is committed to fostering an environment that provides for the fair use of copyrighted works to achieve the goals of teaching, service, and research, while remaining in compliance with applicable laws. Adler University users of copyrighted works are accorded the rights and privileges pursuant to 17 U.S.C. §§107 (Fair Use), 108 (Reproduction by Libraries and Archives), 109 (First Sale Doctrine and Transfers) and 110 (Teaching Exception) and other statutory exemptions and limitations to the exclusive rights granted to the owner of a copyright protected work.

It is the policy of Adler University to inform and educate faculty, students and staff regarding federal copyright law, the rights of copyright owners, the legal obligation of the School to comply with applicable law, and the rights of the School community to use copyrighted works.

 Under Adler University Copyright Policy, faculty, staff, and students retain all rights in copyrightable materials they create, except when special circumstances or contractual arrangements prevail, including, by way of example:

  • The work is a “work for hire” under copyright law, or the author was commissioned in writing by the University to develop the materials as part of the author’s regularly compensated duties;

  • Conditions restricting copyright privileges are contained in grant or contract funding.