Copyright
The Minnesota State Board of Trustees recognizes and affirms the rights of copyright owners. Members of our teaching and learning community should take reasonable care to acknowledge and preserve these rights.
Copyright Guidance
Minnesota State has created guidance to assist faculty and staff in the use and reproduction of copyrighted works for educational purposes. It includes information and resources on copyright eligibility, holder's rights, Fair Use, the TEACH Act, obtaining permissions, and more.
View the full Copyright Guidance in ASA Connect. Sign in with your StarID and password.
What is Eligible for Copyright?
Copyright law protects original works of authorship fixed in a tangible medium of expression. Copyright protection is automatic and works are protected from the moment they are created (whether they bear the © symbol or not). Included among such original works are the following:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
Learn More
Learn more about copyright eligibility, holder's rights, and more in the full Copyright Guidance in ASA Connect.
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Fair Use in Higher Education
Fair Use allows copyrighted materials to be used by nonprofit educational institutions, especially for in class presentations, projects, and on reserve in the libraries.
Copyright law sets forth a four-factor test to determine whether a particular use of a copyrighted work is a Fair Use.
Four Factors:
- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
Learn More
Learn more about Fair Use in the full Copyright Guidance, which includes a Fair Use Checklist to help make a reasonable and good faith determination that your proposed use is a Fair Use.
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TEACH Act
Under the TEACH Act, accredited, nonprofit educational institutions are permitted to make certain copyright-protected materials available online to students, without having to obtain permission from the copyright holder.
Materials allowed under the TEACH Act:
- Display (showing a copy) of any work in an amount analogous to a physical classroom setting.
- Performance of nondramatic literary works.
- Performance of nondramatic musical works.
- Performance of "reasonable and limited" portions of other types of work (other than nondramatic literary or musical work) EXCEPT digital educational works.
- Digitization of portions of analog works if no digital version is available or if digital version is not in an accessible form.
Learn More
Learn more in the full Copyright Guidance, which includes a TEACH Act Checklist to help determine if proposed use of online materials complies with the TEACH Act.
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Unless a work falls within one of the exceptions in this guidance, no Minnesota State faculty or staff member shall use or make photocopies and other reproductions of copyrighted works unless specific permission has been obtained from the copyright owner.
Learn More
Learn more in the full Copyright Guidance, which includes templates to request permission from copyright holders and request permission to use student work.
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Related Policy
Contact
Gary Hunter
System Director for Policy, Procedure, and Intellectual Property
Gary.Hunter@MinnState.edu