Copyright and Fair Use Guidelines at UTSA

Because of UTSA’s 'Web of Rights,' UTSA faculty may use single articles, selected book chapters, and other selected library text-based (non-multimedia and non-image) materials in their online courses that are restricted only to enrolled students.

If anticipated use exceeds these guidelines, subject librarians can work with faculty members to conduct a fair use analysis or identify alternative materials available for use.

The least risky way to share content online is through linking to legitimate sources, rather than copying and posting materials.

To ensure seamless off-campus access for your students, use a persistent link which includes a proxy server prefix. 

If a specific copyrighted image is needed, librarians can help with a fair use analysis. There are also many sources of alternative copyright-cleared materials:

Images

Streaming Media

Streaming films are a valuable resource for many courses. UTSA Libraries can help locate films to utilize in your course through our numerous streaming film or audio databases. We can also assist with copyright questions regarding streaming media.

Requesting Streaming Media

If you are not finding the film or audio that you would like to use in your course in one of our resources, you can request that we purchase the item using the Library Reading List tool in Blackboard.  

Other Options

If a full-length copyrighted video or audio recording is desired, subject librarians can work directly with faculty to search for alternative content or investigate a special license (usually at additional cost). Alternatively, faculty may request permission from the copyright owner to use the full-length work. These options are subject to availability and may take extra time. 

Fair use is determined by considering four factors, only one of which is the amount of a work to be used, so relying only on a perceived '10% rule' is not sufficient. UTSA’s 'Web of Rights' expands copyright law to include posting single articles, selected book chapters, and other selected library text-based (non-multimedia and non-image) materials in online courses that are restricted only to enrolled students.

Copyright law imposes additional restrictions on materials created for the educational market, such as textbooks, workbooks, test booklets, and other works considered ‘consumable’ in the course of teaching. Use of these and other copyrighted works should not be intended to replace the purchase of entire items. For example, uploading excerpts of a textbook that replace students’ need to purchase that textbook is not recommended.

Multimedia is not covered the same way under UTSA’s 'Web of Rights', but the Libraries offer tens of thousands of copyright-cleared options, and fair use still applies.

Transformative use is an aspect of fair use that may apply if all of the following conditions are met:

• Use of someone else’s work adds value and repurposes the work for a new audience; and
• The amount used is limited only to the amount needed to achieve the transformative purpose; and
• The benefits of the use outweigh any potential harm to the copyright owner’s interests – e.g., the use wouldn't potentially affect sales of the material.

Some types of transformative use include incidental use, criticism and analysis, commentary, or illustration. See Section 4, Beyond Copyright Basics of the Copyright in Online UTSA Courses tutorial for more information:

Review terms and conditions posted on the textbook webpage or publisher website. Some publishers may allow supplemental textbook materials to be posted or linked in an online course if access is restricted only to enrolled students. In some cases, the book must be formally adopted as the course’s textbook. If needed, the publisher may be contacted for permissions.