Recently Asked Questions (RAQs)

We are uncertain how to proceed with further digitization of our college’s student newspapers. Currently, the newspapers published between 1948 and 2016 are digitized. They were made available online through a page hosted on the college’s website as well as the NYS Historic Newspapers database.

Since the mid-2010s, articles from the newspaper have been published simultaneously online and in the print edition distributed across campus.

The college’s administration received a complaint from a company called Copytrack regarding two images used in past issues of the paper. The college’s response was to scrub the images from the online archive of past issues and restrict access to the archives, effectively removing the entire digitized collection of its archives from the newspaper’s website.

However, since the issues in question were from 2017 and 2018, the digitized collection still remains intact on NYS Historic Newspapers, where the library has it hosted. We’re uncertain what weight this complaint from Copytrack holds and hope to digitize the remainder of the publication soon, within the bounds of copyright restrictions.

After this copyright complaint, is it advisable to leave the collection in NYS Historic Newspapers and continue adding to it, or should we plan to take it down and only digitize future copies for in-house preservation purposes?

We currently offer a service that collects older static PDFs of library/research content and provide faculty with a URL (or permalink) to that resource in our library’s digital collections. This service provides the following enhancements:

• Increases accessibility as links will always test as accessible in Brightspace (DLE/LMS)
• Enhance student discovery of library resources.
• Provide more accurate usage metrics that influence library subscription decisions.

Occasionally, we come across an old scanned PDF of a book chapter or scholarly article that we do not subscribe to.

Our question is: If we publicly offer to remediate (as best we can) published content that we do not subscribe to or own so that faculty can place an accessible version of them in their course shells, are we violating copyright? Keep in mind these materials would only be shared with students of specific courses and would be available only through the learning management system that requires a login.

We are reviewing our copyright policies and procedures at our BOCES. We are specifically reviewing student work. We understand, recognize, and respect that students hold the copyright to works they create. Our student community includes, but is not limited to, students with exceptional learning needs, behavior concerns, and our Career and Technical Education High School. Sample items of student work may include, but not limited to, writing pieces, artwork, metal working projects, carpentry projects, cake decorating, and hair design. We often use student works to decorate the hallway/classroom, highlight best practices, promotional materials, social media postings, BOCES and Component District publications, general communication home, curriculum writing, plus many other examples.

We want to ensure we are legally and ethically using the student work correctly.

• Are we allowed to use the student work unless the parent/guardian submits an opt out request? The opt out request would be included in a parent packet sent home. This would be similar to our use of student images policy.
• If a parent/guardian permission form is required, is there a distinction between displaying student work in the hall/class versus district publications versus social media?

As always, THANK YOU for all the work and dedication you do on behalf of libraries and schools! It is appreciated.

I recently purchased a copy of a DVD at the request of a professor. I believe that the professor intends to show this film in class. The DVD is relevant to course materials. 

I opened up the case to catalog it, and inside the front cover was an insert ... asserting that a public performance rights license must be purchased to be able to show the DVD even in a classroom setting.

I purchased the DVD believing that the professor's showing would fall under Fair Use, as it would be limited to a specific and relevant educational course, shown only to students registered for that course, in a face-to-face classroom setting, using a legally purchased copy. However, my doubts are creeping in because the wording of the insert makes me wonder if this DVD was legally purchased.

If the producer intended for it to be sold only for home/individual use and expressly prohibits any type of group viewing as part of the sale, is my purchase with intent to use the DVD in a classroom setting illegal? Does this insert override or prohibit what would otherwise be Fair Use?

Thank you for your insight and expertise!

[We got a question from an academic library...]

I have a question about using copyrighted materials in my classes.

A few years ago, I purchased and listened to the audio version of a Great Course called "[NAME REDACTED TO AVOID COMPLICATIONS]." Each lecture is about 30 minutes and I thought they would make a great weekly assignment in my "[NAME OF CLASS ALSO REDACTED]" class. I would have students listen to a lecture and then focus their discussion around it.

My question is, what legal ways can I share these lectures with students? I have purchased the video series at thegreatcourses.com (for $29.95). I know I can't take a screen recording of them and post on YouTube public, but could I take a screen recording and post in Brightspace? That way, they would not be able to disseminate it or access it beyond the end of the course."

PS "Brightspace" is course software (Like "BlackBoard")