Using articles as part of course readings is not a new concept, however with modern linking ability and the rise of learning management systems our options to do so have greatly expanded. Here are some best practices:
Fair use provides the broadest and most flexible exception to copyright limitations. It is technology-and-format-neutral and can be applied to any medium. A fair use determination requires a good faith analysis of four equally-weighted factors specified in the law. Fair use can be the most challenging and difficult determination to make. The following tools can help you understand the four factors, weigh them, and make an informed decision.
Whether something can be considered a fair use exception depends on four factors:
1. Purpose and character of the use and whether it is for commercial or educational/non-profit purposes
2. The nature of the copyrighted work (creative and imaginative versus factual)
3. Amount and substantiality of portion use
4. Effect of the potential market for or value of the work
When linking to an article accessed through the library you will want to use a permalink. Simply taking the url from the search bar will not provide a stable access point. Also keep in mind that when on campus many articles that you can access through Google are actually recognizing the campus IP range and will not be available off campus. Best practices is to provide a stable permalink through a library resource to insure you and your students will be able to reach the resource no matter where you are.
Articles that are only available through interlibrary loan pose extra problems for access and copyright. If you would like to use this type of article please reach out to your subject librarian or Erika Mann to explore the best way to do so legally and with the least hassle for all involved.
