rights of the public. Fair use is also technologically neutral so the same analysis may be applied to any medium. This link (https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html) includes a checklist you may find helpful in determining whether your activity(s) is within the limits of fair use under U.S. copyright law. Another resourceful checklist can be found here (https://www.lib.purdue.edu/uco/fair- use). d. Other Exceptions for Use of Copyrighted Materials These exceptions may be relevant for some use of copyrighted material. • Reproduction by libraries and archives (http://www.copyright.gov/title17/92chap1.html#108) •
Effect of transfer of particular copy or phonorecord (http://www.copyright.gov/title17/92chap1.html#109) • Exemption of certain performances and displays (http://www.copyright.gov/title17/92chap1.html#110) • Secondary transmissions of broadcast programming by cable (http://www.copyright.gov/title17/92chap1.html#111) • Ephemeral recordings (http://www.copyright.gov/title17/92chap1.html#112) • Computer programs (http://www.copyright.gov/title17/92chap1.html#117) • Secondary transmissions of distant television programming by satellite (http://www.copyright.gov/title17/92chap1.html#119) • Reproduction for blind or other people with disabilities (http://www.copyright.gov/title17/92chap1.html#121) • Secondary transmissions of local television programming by satellite (http://www.copyright.gov/title17/92chap1.html#122)
Anyone who wishes to use copyrighted materials within the scope of these exceptions must be able to document their justification or rationale for meeting the terms of the exceptions. 6) RETENTION OF RECORDS. The following policy statements are for the protection of UNA personnel in the event that their use of copyrighted materials is called into question. a. Persons who receive explicit permission to use copyrighted materials shall retain the record of these permissions in accordance with the Public Universities of Alabama Retention Schedule. b. Persons who use copyrighted materials under one of the statutory exceptions shall retain their written justification for this use in accordance with the Public Universities of Alabama Retention Schedule. c. These records and justifications must available at any time upon request. d. If an item that contains copyrighted material becomes wholly or partly the property of UNA then a copy of the permission to use or the justification for use of the copyrighted material must be submitted to and stored with the Office of the Provost and Executive Vice President for Academic Affairs. 7) OPEN EDUCATIONAL RESOURCES/CREATIVE COMMONS LICENSES. a. “Open Educational Resources" ("OER") are any type of educational materials that are distributed in a manner that allows for free use and reuse, without the need to ask for permission. The specific rights granted may vary between materials, or the works may be licensed under Creative Common licenses. OER can include textbooks, curricula, syllabi, lecture notes, assignments, tests, projects, audio, video, animation and more. https://oercommons.org/
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