| A. General: Threshold Eligibility Questions |
1. Are you an accredited, nonprofit educational institutional or governmental body?
Yes: proceed
No: Stop; go to Fair Use, Permissions, or Licensing
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2. Do you have an institutional policy(s) that addresses the use of copyrighted materials and promotes compliance with U.S. copyright law?
Yes: Proceed
No: Develop one; see examples
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3. Do you provide educational resources to your campus that accurately describe copyright rights and responsibilities?
Yes: Proceed
No: See sample resources
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| B. Eligible Works: Types and Amounts |
Generally
1. Is the work a digital educational work, i.e., a work produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks?
No: Proceed
Yes: Go to Fair Use, Permissions, or Licensing
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2. Is the work lawfully made and acquired?
Yes: Proceed
No: Stop
Don't Know: Would a reasonable evaluation indicate the origin of the work to be questionable? Is so, stop.
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3. Is the work:
An integral part of the class session?
Part of systematic mediated instructional activities?
Directly related and of material assistance to the teaching content?
Yes: Proceed
No: Reevaluate use of the work or go to Fair Use, Permissions, or Licensing.
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Specifically
4. Amounts allowed:
-- Nondramatic literary works: All
-- Nondramatic musical works: All
-- Any other works:
Performances - Reasonable portions (pedagogically necessary)
Displays - Amount comparable to that performed in live classroom
Yes: Proceed
No: Stop; go to Fair Use, Permissions, or Licensing.
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| C. Authentication |
1. Is the transmission of the work limited, as technically feasible, to students enrolled in the course?
Yes: Proceed
No: Stop; see Fair Use, Permissions, or Licensing.
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| D. Downstream Controls |
1. Have you implemented reasonable measures to prevent retention of the works for longer than the class session?
2. Have you implemented reasonable measures to prevent unauthorized further dissemination in accessible form by the recipients?
Yes: Proceed
No: Stop; see Fair Use, Permissions, or Licensing.
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| E. Conversion: Analog to Digital |
1. Is there a digital version of the work available to the institution?
Yes: Is the digital version technologically protected to prevent TEACH uses?
Yes: Conversion of analog to digital permitted
No: Conversion of analog to digital not permitted
No: Conversion of analog to digital permitted
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| F. Notice to Students |
1. Is there a notice accompanying the work notifying students that the work may be protected by copyright?
Yes: Proceed
No: Put one on; see examples
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