15.7: Best Practices
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There are two problems that occur when instructors are not familiar with copyright law. The first, and most worrisome for administrators is the infringement of copyright. When third-party materials are used without proper regard to copyright law, the institution is exposed to a serious liability. The damage from a copyright infringement case would not only be economic, as the institution would have to pay for a defense, but also the reputation of the institution would be damaged. The second problem occurs when instructors fail to use materials that would enrich the learning experience of their students simply because they believe copyright law prohibits such use, or that obtaining permission would be too onerous. This does a disservice to the students as well as to the authors and artists of our society.
Even in the best of circumstances things can go wrong. It is possible that a copyright owner may be unavailable to grant permission for some reason, or there may be reasons that prevent the author from granting permission, or you may run into a copyright owner who is simply not going to grant permission. Having a back-up to replace any work will be a huge benefit.
When using third-party material, keep careful records of where content came from, what steps have been taken to obtain permission and under what terms permission was granted. At a minimum, any correspondence with copyright owners, including any final licences, should be retained for as long as a work is used. It is also good idea to retain a record of research undertaken while trying to determine who owns the copyright.
One of the side effects of seeking permission to use materials is the creation of a dialogue between creator and consumer of a work. Often, academic authors are only interested in how their works are used. By seeking permission you may also obtain access to unpublished materials, or higher quality copies. If there are any difficulties regarding the use of materials, if you have permission to use them you can go back to the rights holder for assistance. Imagine trying to do this for a ‘bootleg’ copy.