1. Is this work protected by copyright?
2. Is there a license that covers my use?
Open Educational Resources are openly licensed (or public domain) resources that can be used freely without paying or requesting permission.
Creative Commons License
Works issued under Creative Commons Licenses give blanket permission for reuse, provided you comply with the terms of the license (attribution, etc.).
Creative Commons Guide from Atla
Further explanation about Creative Commons Licenses and how to find Creative Commons works.
3. Is there a specific exemption in copyright law that covers my use?
Section 110(1) of the U.S. copyright code provides some specific exemptions for classroom use of copyrighted works.
Section 110(2) of the U.S. copyright code provides some specific exemptions for online or remote instruction.
4. Is my use covered by fair use?
The Four Factors of Fair Use
The four factors used in deciding whether a use is fair use are: (1) the purpose and character of your use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion taken, and
(4) the effect of the use upon the potential market.
Codes of Best Practices in Fair Use
A growing number of communities of practice have developed codes of best practice concerning fair use.
Fair Use Evaluator
An online tool you can use to create a record of your evaluation of whether the use you have in mind is a fair use.
5. Do I need permission from the copyright owner for my use?
This work is a derivative of Kevin Smith and Lisa Macklin's original Framework. It is licensed under a Creative Commons Share-Alike License (CC-BY-SA 4.0).