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Checklist
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Here is a checklist to follow before you prepare and/or distribute copies, prepare derivative works, or publicly perform or display material that may be protected under copyright law.

1. Is the work in the public domain? 

2. If the work is not in the public domain, does it fall within the guidelines developed for C.O.D.

If no, proceed to a fair use analysis.

3. If it does not match any of the guidelines, may fair use be invoked instead of obtaining permission?

This checklist for fair use is based on an original document developed by the Copyright Management Center at Indiana University Purdue University Indianapolis, and is available at http://www.copyright.iupui.edu/.

4. If you are using the work in an online or electronic course have the TEACH Act requirements been met?

The institution:

• Is an accredited nonprofit educational institution.

  Yes

  No

• Has policies regarding copyright
  

  Yes

  No

• Provides materials that "accurately describe and promote compliance with, the laws of the United States relating to copyright" to faculty, students, and staff.
  

  Yes

  No

• Provides "notice to students that materials used in connection with the course may be subject to copyright protection."
  

  Yes

  No

• Limits access to enrolled students.
  

  Yes

  No

• Ensures that transmission is limited to enrolled students.
  

  Yes

  No

• Places technological controls on storage and dissemination that prevent "retention of the work in accessible form ...for longer than the class session. and to prevent students from further disseminating the work.
  

  Yes

  No

• Does not allow technological measures that were on the original material to be bypassed.
  

  Yes

  No

• Makes certain that the material is not maintained "on the system or network" longer that the period needed to make the transmission.
  

  Yes

  No

• Only retains copies of the digital transmissions so long as no further copies may be made.

  Yes

  No

• Use a non dramatic literary or musical works
  

  Yes

  No

• Use a reasonable and limited portions of dramatic works, displays of any work.
  

  Yes

  No

• Do not use a work that is produced "as part of mediated instructional activities transmitted via digital networks" or copies that are not legally made.
  

  Yes

  No

• Participate in the planning and teaching of the online course
  

  Yes

  No

• Only use materials as an integral part of the classroom experience.
  

  Yes

  No

• Are not using textbooks or other materials typically bought by students.
  

  Yes

  No

• Only convert analog materials to digital if a digital equivalent is not readily available.
  

  Yes

  No

If the work is not in the public domain, is not covered by the C.O.D. guidelines, and fair use does not apply, then you must obtain permission from the copyright owner.

Copyright Home Law Permissions Fair Use Public Domain C.O.D. Guidelines General Guidelines Teach Act Other Resources FAQ's News

The information on this site is intended to inform the faculty, staff and
students at the College of DuPage about copyright and to provide guidelines
for using and creating copyrighted material. The information should not
be considered legal advice.

For more information contact The Library
27 October 2004