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Issues to consider in a free OA course

Is the material being used in the course copyrighted?

Even though the course is OA, that does not enter it into the public domain. How can the work put into creating the class be protected if it is open access?

Will this class need Creative Commons protection or Copyright?

Examples of OA courses:

https://www.doaj.org/

This is under copyright

https://openhumanitiespress.org/

This is under Creative Commons

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Democratizing Knowledge: Using Wikipedia for Inclusive Teaching and Research in Four Undergraduate Classes | DPLA

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The Digital Public Library of America brings together the riches of America’s libraries, archives, and museums, and makes them freely available to the world.

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Online learning resource copyright issues article

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Online learning resource copyright issues article

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Enghagen. (2014). Round one? Judge issues rulings in long-awaited copyright infringement lawsuit against Georgia State University. Journal of Asynchronous Learning Networks JALN, 18(1), 163–. https://doi.org/10.24059/olj.v18i1.306

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Fair use makes things complicated - can we use copyrighted materials if we're teaching an open class? What if it's recorded?

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Fair use makes things complicated - can we use copyrighted materials if we're teaching an open class? What if it's recorded?

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These Works Are Now in the Public Domain:

The latest additions are a rich trove of books, films, songs and other works from 1927

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In a 2020 lawsuit, Arthur Conan Doyle's estate argued that Enola Holmes, a book series and Netflix adaptation that follows Sherlock Holmes' brilliant teenage sister, violated copyright laws.

Doyle, of course, never wrote a sister for Sherlock. Even if he had, most of his Holmes stories have been in the public domain for quite some time, which means that they are free for anyone to adapt or use as they please. Copyrights for his last few stories, however, have not yet expired, which complicates matters: Details from early stories are fair game, while elements exclusive to later stories aren't.

The estate argued that early Sherlock Holmes is cold and rational, while the later versions of the character-the versions still protected-have a heart. When Doyle wrote his final Sherlock stories in the wake of World War I, "it was no longer enough that the Holmes character was the most brilliant rational and analytical mind," reads the lawsuit. "Holmes needed to be human. The character needed to develop human connection and empathy."

The legal argument, in a nutshell: Sensitive Sherlock is protected by copyright. And in Enola Holmes, the character has too much heart.

The estate eventually settled the lawsuit with the defendants, which included Netflix, Penguin Random House and others, but soon the questions it raises will be irrelevant. On January 1, 2023, copyrighted works from 1927, which include Doyle's final Holmes stories, will enter the public domain in the United States.

Every year, Jennifer Jenkins, director of Duke University School of Law's Center for the Study of the Public Domain, puts together an extensive list of expiring U.S. copyrights, many of which have a life span of 95 years. (Copyrights in the U.S. are dictated by Congress; Duke provides a helpful guide to the intricacies of copyright law here.)

"Why celebrate the public domain?" Jenkins writes on the center's website. "When works go into the public domain, they can legally be shared, without permission or fee. Community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees."

Besides, she adds, "1927 was a long time ago." When works from 1927 enter the public domain after a 95-year wait, "anyone can rescue them from obscurity and make them available, where we can all discover, enjoy and breathe new life into them."

Sherlock aside, we're getting access to a rich variety of books, songs and films in 2023. Here are a few highlights:

"The Best Things in Life Are Free" by George Gard De Sylva, Lew Brown and Ray Henderson

A fitting addition to the public domain, this song's lyrics claim that even great riches can't measure up against flowers, robins and sunbeams. While the tune comes from the 1927 musical Good News, it also had a moment in 2014 during the final season of " Mad Men," when ad executive Bert Cooper dies-and then reappears, briefly, to sing a song:

The moon belongs to everyone The best things in life are free The stars belong to everyone They gleam there for you and me

Incidentally, Cooper is played by Robert Morse, a Tony-winning Broadway star who died in 2022 at age 90.

To the Lighthouse by Virginia Woolf

Woolf is perhaps most famous for Mrs. Dalloway, published in 1925 and already in the public domain. But by the following year, as she was revising To the Lighthouse, she already believed that it was "easily the best of my books"-"freer and subtler" than Mrs. Dalloway, and "occupied with more interesting things," as she wrote in a diary entry on November 23, 1926. The novel, which has little in the way of plot-Woolf is much more concerned with how her characters perceive the world around them -examines the Ramsay family's vacation on the Isle of Skye and plans to visit a nearby lighthouse.

Time Regained by Marcel Proust

In Search of Lost Time, a French novel divided into seven parts, is widely considered one of the greatest books of all time. It's also widely viewed as a prohibitively challenging read. Proust's frenetic, sprawling sentences can be hundreds of words long, but admirers of his work say the length is part of the point. As novelist André Aciman wrote in Literary Hubin 2016, Proust's distinctive style is a "precise and incisive tool" used in service of parsing "the convolutions that make us who we are and capture what we really feel-not what we claim to feel or wish to believe we feel." The novel's final volume, Time Regained, was published in 1927, five years after the author's death at age 51.

The Jazz Singer

One of the most seminal pictures in film history, The Jazz Singer marked the end of the silent film era and the rise of the "talkies." Directed by Alan Crosland, it's the first feature-length film with synchronized dialogue, and it features six songs performed by its star, Al Jolson. It is, fittingly, a story about the push-pull between tradition and modernization: A Jewish cantor in Manhattan hopes his 13-year-old son will follow in his shoes, but he is shocked to find the boy more interested in singing jazz. Jolson notoriously sings the climactic final number in blackface, a performance he always insisted "symbolized his identification with African American suffering and music," per Jewish Currents.

Metropolis

Helmed by German director Fritz Lang, Metropolis is a silent film examining the tensions between a city's workers and its wealthy upper class. It is perhaps most famous for its innovative production design and special effects: Since its debut, a number of science fiction films that followed-including Blade Runner (1982)-were heavily inspired by the unique mise-en-scène of Lang's dystopian drama. Several scenes were cut after the 1927 debut, and film historians believed they were lost to history-until they were rediscovered in 2008. Since the film's 1927 premiere, "its deepest concerns have hardly faded, and indeed seem freshly urgent," wrote critic A.O. Scott in the New York Timesin 2010. "The problem at the core of Metropolis is not the ravenous machinery of the industrial system, but the brutal inequality that makes the machine run."

The Tower Treasure by Franklin W. Dixon (The first Hardy Boys mystery)

Since their introduction, teenage sleuths Frank and Joe Hardy have appeared in dozens of stories, TV shows and video games. But the Hardy Boys franchise traces its origins back to the first book in the series, published in 1927: The Tower Treasure. The books were attributed to Franklin W. Dixon, but they were actually written by a team of ghostwriters; Leslie McFarlane is the author behind 19 of the first 25 books.

"(I Scream You Scream, We All Scream for) Ice Cream" by Howard Johnson, Billy Moll and Robert A. King

Much as the ubiquitous "Happy Birthday" song was under copyright for generations, only entering the public domain in 2015, this short ditty about the frozen treats could have been subject to a copyright dispute. Beyond its famous refrain, the song has many more lyrics that describe an imaginary "Eskimo" college known as "Oogiewawa." In public memory, however, it's no longer associated with these racist lyrics, and it has spawned many adaptations over the decades-including a ventriloquist act from the '50s, a Hershey's commercial from the '90s, and an appearance on "Barney & Friends." (Of note, the lyricist Howard Johnson here is of no relation to the Howard Johnson of soda shop fame.)

The silent film, directed by William A. Wellman, follows two fighter pilots who serve in World War I and fight over a woman named Sylvia Lewis. It's famous for its pioneering action cinematography-particularly a long dolly shot through a crowd that inspired a scene in Star Wars: The Last Jedi-and for winning the very first Academy Award for best picture. ( The Jazz Singer was deemed ineligible for the category and given special recognition, as putting a "talkie" against silent films was thought of as unfair to the competition.) The ceremony, held in 1929, had practically none of the pomp and circumstance inherent in today's Oscars, when presenters suspensefully open an envelope with the phrase, "And the winner is..." At the 1929 ceremony, per the New York Times, the winners had already been announced in print several months earlier. Announcing the winners took just 15 minutes, and the rest of the night was filled with merriment and dancing.

Steppenwolf by Hermann Hesse

Hesse's autobiographical novel, written in German, follows Harry Haller, an intelligent, despairing man who compares the worst parts of himself to a "wolf of the steppes." Grappling with existential misery and despising the conventions of bourgeois society, he struggles to forge human connections or find respite from his suffering without compromising his ideals. Hesse won the Nobel Prize for literature in 1946, sparking interest in his work outside of Germany.

The Case-Book of Sherlock Holmes by Arthur Conan Doyle

Doyle first put the master of deductive reasoning into the world with the novel A Study in Scarletin 1887. After that, the Holmes canon would grow to include three more novels, as well as 56 short stories. In recent decades, the mysteries have collectively spawned more than 250 screen adaptations-not to mention countless print retellings-that play around with genre, gender and more. The Case-Book of Sherlock Holmes contains the last of Doyle's stories that were still protected under U.S. copyright laws. The writer died at age 71 in 1930, three years after its publication.

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These Works Are Now in the Public Domain

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The latest additions are a rich trove of books, films, songs and other works from 1927

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If the event is free, do copyright laws apply?

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(16 reviews)
Matt Crosslin, University of Texas at Arlington

Brett Benham, University of Texas at Arlington

Justin T. Dellinger, University of Texas at Arlington

Amber Patterson, City of Mesquite, Texas

Peggy Semingson, The University of Texas at Arlington

Catherine A. Spann, University of Colorado

Brittany Usman, University of Texas at Arlington

Harriet Watkins

Justin T. Dellinger, University of Texas at Arlington

Rebecca Heiser, Penn State University

Katerina Riviou, Greece & Open University of Netherlands

Brittany Usman, University of Texas at Arlington

Copyright Year: 2018

ISBN 13: 9780989887816

Publisher: Mavs Open Press

Language: English

Formats Available

Conditions of Use

Attribution-NonCommercial
CC BY-NC

Reviews
Learn more about reviews.

Table of Contents

Introduction

Chapter 1: Overview of Online Courses

Chapter 2: Basic Philosophies

Chapter 3: Institutional Courses

Chapter 4: Production Timelines and Processes

Chapter 5: Effective Practices

Chapter 6: Creating Effective Course Activities

Chapter 7: Creating Effective Course Content

Chapter 8: Open Educational Resources

Chapter 9: Assessment and Grading Issues

Chapter 10: Creating Quality Videos

Chapter 11: Utilizing Social Learning in Online Courses

Chapter 12: Mindfulness in Online Courses

Chapter 13: Advanced Course Design

Chapter 14: Marketing of an Online Course

Ancillary Material

Suggest ancillary resource

About the Book

This book provides an updated look at issues that comprise the online learning experience creation process. As online learning evolves, the lines and distinctions between various classifications of courses has blurred and often vanished. Classic elements of instructional design remain relevant at the same time that newer concepts of learning experience are growing in importance. However, problematic issues new and old still have to be addressed. This handbook explores many of these topics for new and experienced designers alike, whether creating traditional online courses, open learning experiences, or anything in between.

About the Contributors

Authors

Matt Crosslin, Ph.D., Researcher, Learning Innovation and Networked Knowledge Research Lab, University of Texas at Arlington

Brett Benham, Ph.D., Retired, former Technical Media Coordinator, Learning Innovation and Networked Knowledge Research Lab, University of Texas at Arlington

Justin T. Dellinger, M.A., Associate Director, Learning Innovation and Networked Knowledge Research Lab, University of Texas at Arlington

Amber Patterson, M.A., Marketing Coordinator, City of Mesquite, Texas

Peggy Semingson, Ph.D., Associate Professor, Literacy Studies, College of Education, Curriculum & Instruction, The University of Texas at Arlington

Catherine A. Spann, Ph.D., Postdoctoral Researcher, University of Colorado

Brittany Usman, M.S., Instructional Designer, University of Texas at Arlington

Harriet Watkins, Ed.D., Chief Academic Officer, Instructional Connections

Editors

Justin T. Dellinger, M.A., Associate Director, Learning Innovation and Networked Knowledge Research Lab, University of Texas at Arlington

Rebecca Heiser, M.A., Instructional Designer, Penn State University

Katerina Riviou, Ph.D. Candidate, Ellinogermaniki Agogi, Greece & Open University of Netherlands

Brittany Usman, M.S., Instructional Designer, University of Texas at Arlington

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Creating Online Learning Experiences - Open Textbook Library

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This book provides an updated look at issues that comprise the online learning experience creation process. As online learning evolves, the lines and distinctions between various classifications of courses has blurred and often vanished. Classic elements of instructional design remain relevant at the same time that newer concepts of learning experience are growing in importance.

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1.1 Google
Many people start out looking for OER using Google. A general search with Google returns vast amounts of resources, most of which are not openly licensed for reuse. If you want to use Google to search for openly licensed resources we recommend you use:
Google Advanced Search
Scroll down in advanced search and set "usage rights" parameters to be "Free to use, share, or modify".
If you want content for commercial use be sure to select the appropriate option.

Google search returns a vast array of openly licensed resources that may require extensive sifting to yield useful nuggets. The other search recommendations on this page are likely to yield more targeted results.
1.2 CC Search
CC Search, the Creative Commons search tool, lets you pick a range of general sources and media types which you want to search for. Give it a try at:

The CC Search tool automatically filters your search to find Creative Commons licensed resources that you can share, use, and remix.

2. Photo/Image Search

Searching for photos or images?
2.1 CC Search
CC Search, the Creative Commons search tool, lets you lets you pick a number of image sources you want to search across including Flickr, Fotopedia, Google Images, Open Clip Art Library, Wikimedia Commons and Pixabay. The CC Search tool automatically filters your search to find Creative Commons licensed resources that you can share, use, and remix. Give it a try at:

If you prefer to do your searches directly from these sources direct links to each of these image sources are provided below. If you choose to do your search directly from the image source sites be sure to set the parameters of your search to define openly licensed usage rights and review the usage rights associated with any image you find.
Wikimedia Commons
Google Images
Be sure to scroll down in advanced search and set "usage rights" parameters to be "Free to use, share, or modify".
If you want content for commercial use be sure to select the appropriate option.

Pixabay
Note, that Pixabay images are public domain images you can freely use for personal and commercial use without attribution to the original author. While Pixabay can be a good way to find public domain images your search will also return proprietary professional images Pixabay offers for sale.

ClipSafari
Note, that ClipSafari images are public domain images you can freely use for personal and commercial use without attribution to the original author.

2.7 Fotopedia

Fotopedia
To find images openly licensed click "advanced options" in the top, right-hand side screen. Change the "any license" to an open license - reuse, commercial and modification options available.

The sources above are online image databases. In addition to these sources there are many openly licensed electronic publications and journals with images embedded throughout that you are also free to use. Here are just a few of many examples:

2.9 Public Library of Science (PLOS)

PLOS is a non-profit publisher and advocacy organization focused on science and medicine. Every article they publish is open access. All written content and images are licensed using a Creative Commons Attribution license. Searching through PLOS journals and collections can yield many highly useful images including figures, tables, and graphs.

In addition to electronic publications and journals some galleries, museums and archives publish historical images online. For a great example see:

3. Video Search

Searching for video? Try:

The best way to find a video that is licensed under the Creative Commons license on YouTube is to use the CC Search tool described above in the General Search and Photo/Image Search sections. Unfortunately YouTube does not provide a filter or advanced search capability on their home page for finding all YouTube Creative Commons licensed videos. However, http://www.youtube.com/creativecommons lets you see the most viewed and most reused Creative Commons licensed videos. In addition if you are the YouTube home page http://youtube.com and type in your search term followed by a comma and then "creativecommons" the videos returned are CC licensed. You can mark your videos with a Creative Commons license when uploading them to YouTube. You can also incorporate the millions of Creative Commons-licensed videos on YouTube when creating your own videos using the YouTube Video Editor. Within the YouTube Video Editor you can click on the CC tab to find content available under a Creative Commons license.

4. Audio/Music Search

Searching for openly licensed audio sounds or music? Try:

4.1 Jamendo

Jamendo offers more than 350,000 free music tracks licensed under Creative Commons, all available for streaming and unlimited download without ads. It allows the public to discover thousands of artists of all genres who have chosen to distribute their music independently outside the traditional system of collecting societies. Jamendo artists can choose to join the Jamendo PRO service that allows them to sell commercial licenses of their music for professional uses, such as music synchronization for audio-visual productions or broadcasting in public spaces. You can search for music on Jamendo using the CC Search tool or directly on the Jamendo web site.

Education Search

The search tools profiled above are for educators who are simply looking for individual media elements to use within their courses. However, an even higher value can be gained by finding Open Educational Resources (OER) that other educators have already vetted and assembled into education content such as full courses, workshops, textbooks, tests and assessments. This search section is focused on helping you find this kind of OER.

5. General Education Search

Looking to search across multiple OER initiatives? Try:

6. Recorded Lectures & Video Tutorials Search

Many institutions have recorded on-campus lectures and published them as OER licensed with Creative Commons. Short video tutorials on a particular subject are also available.
Searching for recorded lectures or video tutorials? Try:

MIT is also well known for the MIT OpenCourseWare (OCW) initiative, a Creative Commons licensed web-based publication of virtually all MIT on campus course content online including lecture notes, exams, and videos. Courses with substantial video and/or audio components are listed here.

7. Open Textbook Search

Searching for open textbooks? Try:

7.1 Open Textbook Library
The costs of college is going up every year, and it's not just tuition that weighs on student's minds and bank accounts. According to the College Board, undergraduates spend an average of $1200 on textbooks annually. Faced with these costs, the academic impact is seen in classrooms across the country-many students choose to not buy a required text, take fewer courses, and some even drop or fail a course completely. Open textbooks are a solution. The Open Textbook Library provides a growing catalog of free, peer-reviewed, and openly-licensed textbooks. As part of their service they provide a listing of Open Textbooks by Subject.

7.2 BCcampus OpenEd
The goal of the project is to make higher education more accessible by reducing student cost through the use of openly licensed textbooks. BCcampus was taskedwith co-ordination of the project because of our 10-year experience funding OER in British Columbia, Canada. Specifically, the project was asked to create a collection of open textbooks aligned with the top 40 highest-enrolled subject areas in the province. A second phase was announcedin the spring of 2014 in which an additional 20 textbooks targeting trades, technology, and skills training would be developed. As part of their service they provide a listing of Open Textbooks by Subject.

7.5 Siyavula

Siyavula supports and encourages communities of teachers to work together, openly share their teaching resources and benefit from the use of technology. Siyavula has created a series of open textbooks for math and science Grades 10-12. They have also developed an online practice service, modelled on exam questions, which allows learners to practise math and science questions they may find in their tests and exams. This practice service is well integrated with the Siyavula textbooks and these resources work together to ensure learners excel in Mathematics and Physical Sciences. Learners are able to practise using their mobile phones or computers.

8. Simulation and Animation Search

9. Modular Course Components

Searching for modular course components? Try:

building capacity in the use of Mediawiki and related free software technologies for mass-collaboration in the authoring of free content

developing free content for use in schools, polytechnics, universities, vocational education institutions and informal education settings

facilitating the establishment of community networks and collaboration with existing free content initiatives in education

fostering new technologies that will widen access, improve quality and reduce the cost associated with providing education, primarily through the use of free content

The OERu initiative taking place in WikiEducator is a virtual collaboration of like-minded institutions committed to creating flexible pathways for OER learners to gain formal academic credit.

10. Complete Courses

Searching for complete courses?
Have a look through these OER initiatives from around the world:

The Open Course Library is a collection of expertly developed educational materials - including textbooks, syllabi, course activities, readings, and assessments - in 81 high-enrollment college courses, providing faculty with a high-quality, affordable option that will cost students no more than $30 for textbooks. All materials are shared under a Creative Commons (CC BY) license unless otherwise noted. Open Course Library is an initiative of the Washington State Board of Community and Technical Colleges.

10.4 OpenCourseWare Consortium Search

Several universities publish their course materials for free online, under the OpenCourseWare (OCW) initiative, as described on the OpenCourseWare Consortium website. OCW Search is an independent search engine that indexes all these courses so you can find these courses faster. Currently, the following universities' OCW are included in OCW Search:
- MIT
- Stanford Engineering Everywhere
- Open University LearningSpace
- University of Massachusetts (UMass) - Boston
- University of Tokyo
- Universidad Politécnica de Madrid
- School of Public Health at Johns Hopkins
- Notre Dame
- Delft University of Technology
- Yale University

- - - - -
This is a partial listing of OER sources which we hope you find useful. We welcome additions or revisions to this listing. Send your feedback and suggestions to taa@creativecommons.org. Special thanks to Jennifer Freeman and Deborah Zulick of the Massachusetts Community College/Workforce Development Transformation Agenda for sharing their list of OER sources.

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Education / OER Resources - Creative Commons

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1. General Search 1.1 Google Many people start out looking for OER using Google. A general search with Google returns vast amounts of resources, most of which are not openly licensed for reuse. If you want to use Google to search for openly licensed resources we recommend you use: Google Advanced Search Scroll down in ...

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You will be placed into breakout groups. In your groups, you will complete the following and put your answers into your padlet list. (Some are discussions, others are tasks)

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You will be placed into breakout groups. In your groups, you will complete the following and put your answers into your padlet list. (Some are discussions, others are tasks)

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You're welcome to add images, gifs, links, etc. to help answer any of the questions and brighten up the padlet.

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1. Locate an OER related on one of your group member's topics. You can use the below tools to help. Provide a link in the padlet

2. Then add a gif of how that process felt.

OER metafinder
Oasis
Open Textbook Library

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Semantic Scholar | AI-Powered Research Tool

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Semantic Scholar uses groundbreaking AI and engineering to understand the semantics of scientific literature to help Scholars discover relevant research.

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It's a double edge sword. This means that all the information on Wikipedia must be verified somehow by an original source though at the end of the day, you can say what you would like and how you would like to say it as long as it is verified or common knowledge.

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1. Imagine you are teaching a free open class to university faculty across the state in your field. What copyright/OA considerations might you make? If your field is interdisciplinary is there one area that it affects more?

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1. Locate 1 news article that touches on an important copyright issue to you/your field/ or digital work? Provide a link in the padlet.

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Wikipedia has a policy on No Original Research and not plagiarizing or violating copyright.

1. How does that affect the information you might find on your topic?

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(Reuters) - A federal court in Baltimore ruled Monday that a Maryland law requiring book publishers to offer public libraries reasonable licenses to ebooks and digital audiobooks is unconstitutional.

In a victory for the Association of American Publishers, U.S. District Judge Deborah Boardman said that the law violates publishers' protections under the federal Copyright Act.

AAP, the book publishing industry's national trade group, won an order pausing the law in February. Boardman said at the time that the first-of-its-kind statute likely interfered with the publishers' right to decide how to distribute their works.

Legislatures in states including Massachusetts, Illinois, Tennessee, Missouri and Rhode Island have been considering laws similar to Maryland's. AAP President Maria Pallante said in a Monday statement that the decision and New York Governor Kathy Hochul's veto of a similar bill last year because of constitutional concerns "sends a two-fold message to other legislatures being similarly lobbied: there is nothing judicious about undermining authors or the viability of an independent publishing industry."

The Maryland attorney general's office declined to comment.

Maryland's legislature unanimously passed the law last May, and it went into effect at the beginning of this year. The state told the court in January that the law was necessary to keep publishers from overcharging libraries for licenses to electronic versions of their books.

The state said publishers often charge libraries up to three times as much as consumers for the same licenses, and often refuse to license electronic books to libraries altogether.

Boardman on Monday declared the Maryland law "unconstitutional and unenforceable," finding it was preempted by federal law.

The case is Association of American Publishers v. Frosh, U.S. District Court for the District of Maryland, No. 1:21-cv-03133.

For AAP: Scott Zebrak of Oppenheim & Zebrak

For Maryland: Sean Fitzgerald of the state attorney general's office

Read more:
Court halts state's novel ebook licensing law at publishers' request
Our Standards: The Thomson Reuters Trust Principles.

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He has previously written for Bloomberg Law and Thomson Reuters Practical Law and practiced as an attorney. Contact: 12029385713

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Maryland ebook licensing law is unconstitutional, U.S. court rules

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A federal court in Baltimore ruled Monday that a Maryland law requiring book publishers to offer public libraries reasonable licenses to ebooks and digital audiobooks is unconstitutional.

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A. No employee of a public institution of higher education shall demand or receive any payment, loan, subscription, advance, deposit of money, services, or anything, present or promised, as an inducement for requiring students to purchase a specific textbook required for coursework or instruction. However, such employee may receive (i) sample copies, instructor's copies, or instructional material not to be sold and (ii) royalties or other compensation from sales of textbooks that include such instructor's own writing or work.

B. The governing board of each public institution of higher education shall implement procedures for making available to students in a central location and in a standard format on the relevant institutional website listings of textbooks required or assigned for particular courses at the institution. The lists of those required or assigned textbooks for each particular course shall include the International Standard Book Number (ISBN) along with other relevant information.

C. Public institutions of higher education maintaining a bookstore supported by auxiliary services or operated by a private contractor shall post the listing of such textbooks when the relevant instructor or academic department identifies the required textbooks for order and subsequent student purchase.

D. The governing board of each public institution of higher education shall implement policies, procedures, and guidelines that encourage efforts to minimize the cost of textbooks for students while maintaining the quality of education and academic freedom. The guidelines shall ensure that:

1. Faculty textbook adoptions are made with sufficient lead time to university-managed or contract-managed bookstores so as to confirm availability of the requested materials and, when possible, ensure maximum availability of used textbooks;

2. In the textbook adoption process, the intent to use all items ordered, particularly each individual item sold as part of a bundled package, is affirmatively confirmed by the faculty member before the adoption is finalized. If the faculty member does not intend to use each item in the bundled package, he shall notify the bookstore, and the bookstore shall order the individualized items when their procurement is cost effective for both the institution and students and such items are made available by the publisher;

3. Faculty members affirmatively acknowledge the bookstore's quoted retail price of textbooks selected for use in each course;

4. Faculty members are encouraged to limit their use of new edition textbooks when previous editions do not significantly differ in a substantive way as determined by the appropriate faculty member; and

5. Provisions address the availability of required textbooks to students otherwise unable to afford the cost.

E. The governing board of each public institution of higher education shall implement guidelines for the adoption and use of low-cost and no-cost open educational resources in courses offered at such institution. Such guidelines may include provisions for low-cost commercially published materials.

F. The registrar or another appropriate employee of each public institution of higher education shall identify conspicuously in the online course catalogue or registration system, as soon as practicable after the necessary information becomes available, each course for which the instructor exclusively uses no-cost course materials or low-cost course materials.

G. No funds provided for financial aid from university bookstore revenue shall be counted in the calculation for state appropriations for student financial aid.

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§ 23.1-1308. Governing board procedures; textbook sales and bookstores; open educational resources.

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A. No employee of a public institution of higher education shall demand or receive any payment, loan, subscription, advance, deposit of money, services, or anything, present or promised, as an inducement for requiring students to purchase a specific textbook required for coursework or instruction.

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A federal judge sided in favor of the four leading publishers in the U.S. who sued the Internet Archive for scanning and lending out numerous digital copies of copyrighted books for free during the early days of COVID-19.

Hachette Book Group, HarperCollins, John Wiley & Sons, and Penguin Random House all sued the nonprofit after it offered a National Emergency Library, a temporary book collection created from thousands of e-books that ran from March 24, 2020, to June 16, 2020. The Internet Archive says the emergency library was launched to help people who lost access to their physical libraries during the pandemic.

For the National Emergency Library, the Internet Archive was lending out multiple copies of a digital book at once, and the four publishers sued over 127 books in the collection. The Internet Archive said the National Emergency Library was legal under the fair use doctrine, publishers say the act was "mass copyright infringement."

U.S. District Court Judge John G. Koeltl agreed with the plaintiffs, saying that the Internet Archive was making "derivative" works by turning print books into e-books and distributing them. It no longer has the right to do so.

More from TIME

"Libraries are more than the customer service departments for corporate database products. For democracy to thrive at global scale, libraries must be able to sustain their historic role in society-owning, preserving, and lending books," said Internet Archive founder Brewster Kahle. "This ruling is a blow for libraries, readers, and authors and we plan to appeal it."

Here's what to know about the case.

What is the Internet Archive?

The Internet Archive is a nonprofit that has built a "digital library" of websites, books, audio recordings, videos, images and other research for the general public. Through digital archives like their Wayback machine, people can access now-defunct sites from more than 25 years ago. The nonprofit has been digitizing books since 2005. To date, it scans more than 4,000 books a day in 18 locations around the world.

The Internet Archive, which creates e-books by scanning print versions, includes 3.6 million copyrighted books in its online database, according to the court opinion.

Of those millions, they offer free, downloadable books that were published before 1927. Other more modern books can only be borrowed from their Open Library, whose vision is to "make all the published works of humankind available to everyone in the world." Users only have to make a free account in order to borrow the digital copy of the book.

The nonprofit is also a member of a number of associations including the American Library Association and the international Federation of Library Associations and Institutions.

What did the Internet Archive argue?

Libraries have the right to lend physical books to users because of the first-sale doctrine, which gives individuals who own a copyrighted book the right to sell, display, or lend that copy.

Under the Internet Archive's regular model, it does not allow users to mass download e-books. Instead, it functions through "controlled digital lending," which allows "entit[ies] that own a physical book to scan that book and circulate [the] digitized title in place of [the] physical one in a controlled manner."

But controlled digital lending also requires that libraries only lend the number of copies it owns. The Internet Archive counts its own physical copy of a book, and up to one book copy owned by its partner libraries to dictate the number of e-books it can lend.

However, it was not using this practice during the pandemic, lending out more digital book copies than courts say it had rights to.

The Internet Archive contends that it did not engage in copyright infringement because of the doctrine of fair use. This doctrine says that usage for "purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright," per the court's opinion.

Koeltl ruled that Internet Archive's use of e-books did not adhere to these standards when rolling out the National Emergency Library, but also in its broader use of the lending library, saying there was nothing "transformative" about its use of e-books that gave it the right to "scan those books and lend the digital copies en masse.

"IA's fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book," Koeltl added. "But no case or legal principle supports that notion. Every authority points the other direction."

The Internet Archive still has the right to scan and distribute public domain books.

How are people reacting to the case?

The Authors Guild, an organization that offers resources to professional writers varying from legal tips to defending authors' copyrights, tweeted on March 25 that it was "thrilled" by the court's decision.

"As we have long argued, scanning & lending books w/out permission or compensation is NOT fair use-it is theft & it devalues authors' works," it added.

The Guild also claimed that it approached the Internet Archive years ago to create a license for books used on the Open Library, but the nonprofit declined to work with the organization.

However, more than 300 prominent authors-including Naomi Klein, Neil Gaiman, Hanif Abdurraqib, Chuck Wendig, and Cory Doctorow- previously signed an open letter asking publishers and trade associations to cease the lawsuit in late September.

"Big Publishing would outlaw public libraries if it could - or at least make it impossible for libraries to buy and lend books as they have traditionally done, to enormous public benefit - and its campaign against the Internet Archive is a step toward that goal," said co-founder of News Co/Lab, an initiative to elevate news literacy, at Arizona State University, Dan Gillmor.

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Internet Archive Loses Copyright Lawsuit: What to Know

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A federal judge sided in favor of the four leading publishers in the U.S. who sued the Internet Archive for scanning and lending out numerous digital copies of copyrighted books for free during the early days of COVID-19.