Resource List: Copyright and COVID-19

Posted April 1, 2020

We’ve collected resources to answer questions that you might have about fair use, access to educational materials, and temporary changes to Copyright Office operations during the COVID-19 outbreak. We’ll continue to add to this resource list as relevant resources are released; please check back often.

Public Statement of Library Copyright Specialists: Fair Use & Emergency Remote Teaching & Research

A group of library copyright specialists recently released a Public Statement on Fair Use & Emergency Remote Teaching & Research to provide clarity for U.S. colleges and universities about how copyright law applies to remote teaching and research in the wake of the COVID-19 outbreak. In response to concerns that copyright may pose impediments to a rapid shift to remote instruction—or conversely, that copyright is not relevant—the Statement authors review how fair use and the Digital Millennium Copyright Act (“DMCA”) apply to remote teaching. As they conclude, “[w]hile legal obligations do not automatically dissolve in the face of a public health crisis, U.S. copyright law is, thankfully, well equipped to provide the flexibility necessary for the vast majority of remote learning needed at this time.” Read the Statement here.

Resilient Digital Materials for College and University Teaching and Learning: Copyright and Open Education Strategies

The Program on Information Justice and Intellectual Property is presenting a series of webinars to help teachers navigate concerns around copyright when finding digital teaching materials:

April 17, 03:00 PM ET: Educational fair use in the COVID-19 emergency: yes you can scan (and more) for colleges and universities (watch the webinar recording here)

April 24, 03:00 PM ET: Finding teaching materials for Fall 2020 and beyond: evaluating resilient digital teaching and learning materials from open and commercial sources for college and university teaching (including finding materials and evaluating licensing) (watch the webinar recording here)

May 1, 03:00 PM ET: Creating teaching materials for Fall 2020 and beyond: authoring and adapting Open Educational Resources for colleges and universities (strategies, systems, and sources for creating OER)

Register here for the entire Higher Education track or for individual webinars within the track.

Reading Aloud: Fair Use Enables Translating Classroom Practices to Online Learning

As many teachers face an abrupt shift to online teaching, there have been questions about how copyright law applies to the translation of classroom-based practices of reading aloud to students to the digital environment. This guide examines how fair use applies to read-aloud activities online, concluding that “[w]hen researchers translate classroom practices of reading aloud to online student facing tools, such as distribution through a school website, learning management system, or live webcast, fair use enables most of the same practices online that take place in person. Read the guide here or watch the webinar recording.

Over 50 Publishers Offering Free Content on Project MUSE

In response to challenges created by COVID-19, Project MUSE has partnered with more than 60 publishers to temporarily make scholarly content freely available to assist with access for the many students, faculty, and researchers now working remotely. More than 15,000 books, and over 230 journal titles—comprising well over 10,000 issues and more than 185,000 articles—are available through this initiative. More details on the content and the full list of participating publishers are available on the Project MUSE website.

United States Copyright Office’s Public Notice Regarding Timing Provisions Involving Certain Registration Claims and Notices of Termination for Persons Affected by COVID-19

The United States Copyright Office has announced temporary extensions for registering copyrights and recording notices of termination for those unable to comply with deadlines as a result of the COVID-19 emergency. The Copyright Office has provided this temporary measure to accommodate copyright owners who may be prevented from completing and submitting materials in a timely manner due to lack of access to physical documents, including deposit copies of copyrighted works, or the inability to deliver materials to a mail carrier. To qualify, applicants must submit a statement certifying under penalty of perjury that they would have met the deadline but for the national emergency. For applications that can be submitted entirely in electronic form, the timing provisions are unchanged. For more information, visit the Office’s webpage dedicated to operational updates during the COVID-19 pandemic.