Author Rights and Copyright: Curriculum and Instruction

Faculty and instructors may use copyrighted material without obtaining permission from the copyright owner if the intended use falls under fair use. U.S. Copyright law requires consideration of four factors to determine if the use is fair:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for a not-for-profit educational purpose;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use on the potential market for or value of the copyrighted work (Title 17 of the United States Code).

Determining fair use is case-specific and requires reviewing the four factors to assess whether fair use is acceptable. Refer to the Washington University Fair Use Analysis Worksheet for a worksheet to assess the applicability of fair use.

Guidance for faculty and instructors when applying fair use:

• Ensure a clear connection between the work reproduced and your pedagogical purpose.
• Tailor the amount copied to include only what is appropriate for your specific educational goals.
• Provide access only for the duration of the course, and limit (e.g. password or WUSTL Key) to enrolled students and other appropriate individuals (e.g. teaching assistants).
• Notify students that the content is being made available for teaching, study, and research only.
• Abide by all terms noted by the copyright owner such as attribution and/or a copyright notice.
• Be circumspect regarding non-transformative uses (educational use of works made to be used in education), and use of works that can be successfully licensed.

In addition, some resources subscribed by Becker Medical Library are governed by license agreements that allow for use of material for educational purposes by authorized users such as students, faculty and staff. See Using Becker Resources for Curriculum section.

• For instructional design support, please contact the ID Studio.
• For online course development support, please contact the Director of Online Programs.
• For questions related to subscribed materials from Becker Library, please contact Denise Hannibal.
• For questions related to fair use and copyright, please contact Cathy Sarli or Amy Suiter.
• For assistance with providing links to subscribed materials, finding e-books, and locating materials in the public domain to use for online classroom instruction, please contact AskBecker.

Faculty and instructors often use patient or clinical images for curriculum and instruction. Assuming that the images are stored on BJH systems:

1. If the images are being used in the classroom educational setting, permission is not needed from BJH to use them; and
2. If the images are truly de-identified, patient permission is not needed.

Faculty and instructors should confirm that the images are completely de-identified and contain no Protected Health Information (PHI) or HIPAA identifiers. It goes beyond name and date of birth. For example, if the medical record number is visible, it is identifiable and it is a breach. Refer to: HIPAA Identifiers for a list of identifiers that should never display in any image that is used.

Faculty and instructors should also confirm that any redacted PHI does not display on a larger screen such as the case with MRI images. The American College of Radiology offers guidance on confirming that redacted PHI is not visible. Refer to: Keeping PHI out of Medical Image Presentations and Educational Products from the American College of Radiology (ACR).

Becker Medical Library holds licenses to resources such as journals and books, and other material containing images, illustrations, tables, figures and other visual representations. These resources are governed by license agreements that allow for educational uses by authorized users such as students, faculty and staff. These agreements allow authorized users to:

• Download, print, and save single copies of items for personal use.
• Provide single print or electronic copies of individual items to other authorized users for noncommercial, educational purposes.
• Provide single print or electronic copies of individual items to third-party colleagues for teaching, study, and research use.
• Use persistent links for course material. A persistent link (also called a permalink or stable link) is a durable URL that links directly to an electronic resource such journal articles, book chapters, images, illustrations, tables, figures and other visual representations. These links remain consistent and not change over time. See Persistent Links section.

Copyrighted images, illustrations, figures, tables, and other visual representations are commonly used for education and learning activities. Such items are often digitized or copied from a resource into a PowerPoint presentation or a Rise module, and/or posted on Keystone or other course management systems. Some license agreements for resources from Becker Library allow for use of images, illustrations, figures, tables, and other visual representations for educational, scientific or research purposes with appropriate credit; others do not. Faculty and instructors are responsible for adhering to the license terms from resources and should seek permission if necessary.

• E-Books and Hints
• Finding Images

Publisher license agreements do not allow users unrestricted rights to download, copy and distribute journal articles, books or book chapters on WUSTL Box, Keystone or other course management systems.

Faculty and instructors are strongly encouraged to use persistent links. A persistent link (also called a permalink or stable link) is a durable URL that links directly to an electronic resource such journal articles, book chapters, images, illustrations, tables, figures and other visual representations. These links remain consistent and not change over time.

Persistent links to electronic resources such as journal articles from subscribed journals, books and book chapters do not require obtaining permission. Using a persistent link to electronic materials subscribed to by Becker Library allows authenticated users to access licensed resources for reading or printing for personal use.

Students should be informed that in order to access a link to a subscription-only journal, they will need to connect to the WUSTL network via WUSTL Key or use other remote means of connecting to the WUSTL network such as proxy, CITRIX or VPN. Guidance for creating persistent links is available from: Recommended Practices for Creating Persistent Links.

Instructors and faculty can also use non-subscribed resources for curriculum purposes. Options are:

• Create your own content (e.g. images, illustrations, figures or tables).
• Use materials from the public domain such as images from the NIH Photo Gallery and other sources. See the Finding Images guide.
• Use materials licensed under a Creative Commons license such as Open Education Resources (OER).
• Check resources in the Finding Images and E-Books Tips and Hints guides.