Copyright, Fair Use & Intellectual Property Flashcards

When an online educator posts a copyrighted article in a password-protected LMS accessible only to enrolled students, this practice is best described as:

Answer: Potentially permissible under fair use or the TEACH Act depending on the circumstances

Posting materials in a closed, password-protected LMS accessible only to enrolled students may qualify as fair use or comply with the TEACH Act, though educators should still evaluate the four fair use factors.

A work is considered to be in the 'public domain' when:

Answer: Its copyright has expired or the work was never protected by copyright

Works enter the public domain when their copyright expires, when the creator waives rights, or when the work was never eligible for copyright protection — they can then be used freely by anyone.

Which Creative Commons license is considered the most restrictive?

Answer: CC BY-NC-ND

CC BY-NC-ND (Attribution-NonCommercial-NoDerivatives) is the most restrictive Creative Commons license because it prohibits both commercial use and derivative works, only allowing verbatim sharing with attribution.

The DMCA 'safe harbor' provision protects educational institutions from copyright infringement liability when:

Answer: The institution has no knowledge of infringing activity and promptly removes content upon valid notification

The DMCA safe harbor shields institutions from liability for user-uploaded infringing content if they have no knowledge of the infringement and promptly remove it upon receiving a valid takedown notice.

An online educator wants to use a copyrighted photograph in a course presentation. Under which circumstance would this most likely qualify as fair use?

Answer: The educator uses a small, low-resolution version for commentary or critical analysis

Using a small portion of a work (low-resolution image) for commentary, criticism, or education weighs in favor of fair use because it is transformative and does not substitute for the original.

What is the key difference between copyright infringement and plagiarism?

Answer: Copyright infringement violates legal rights; plagiarism violates academic and ethical standards of attribution

Copyright infringement is a legal violation of an author's exclusive rights, while plagiarism is an ethical/academic violation involving presenting others' ideas as one's own — they can overlap but are distinct concepts.

Which of the following works is automatically in the public domain in the United States?

Answer: A document created by a U.S. federal government employee in the scope of their official duties

Works created by U.S. federal government employees as part of their official duties are not eligible for copyright protection and are automatically in the public domain.