The CCC Annual License is now part of UT's web of rights
The Annual License brings CCC’s Academic Repertoire, an extensive collection of rights owned by publishers whose materials are frequently used by colleges and universities, into the web of rights UT uses to manage copyright infringement risk. The Annual License permits all UT campuses to copy and distribute the Repertoire's text-based materials, such as books and articles, in coursepacks, classroom handouts, electronic reserves, e-mail, electronic course content posted in the campus course management system (cms), research collaboration and administrative communications.
But the most important thing to understand about the Annual License is that it is only one part of a web of rights that UT Institutions acquire to manage copyright infringement risk on our campuses. No one resource could ever cover everything we use, and no one resource has to. We rely on a variety of sources of authority to use others' works in educating our students:
We also use works in the public domain, such as federal government documents. We don't need rights to use these. They are not protected by copyright law.
Can I copy all of a book?
Do keep in mind the general rule that copying an entire book or a large part of one (or a comparable work in another medium such as an entire movie) is not covered by the Annual License, is not a fair use in most cases, and would rarely be licensable. Don't make copies of things like books in their entirety, or large parts of them. If a book or movie is available commercially, copying and distributing it cannot be justified. On the other hand, if it is unavailable (out of print) and even used copies are scarce, it may be a fair use to reproduce it.
Are performance rights covered?
Performance rights are not covered by any element of our text-based web of rights, other than fair use. The web of rights is mostly about making and distributing copies, rather than performing dramatic or musical works. If your department uses performance works heavily, it probably has its own permissions department to secure performance rights (drama, for example).
What about illustrations and photos that are separately copyrighted apart from print text?
The Annual License provides that photographs, illustrations, graphs and similar materials that are identified as included in a work by permission may only be used under the License in the context of the work – so the print matter and graphical material should be used together in its original context.
But some use of illustrations and photos might be fair use, and it is getting very easy to find suitable open access or Creative Commons licensed images on the open Web. Google and most other search engines enable searches restricted to sites containing Creative Commons licensed works, including images. The Firefox browser enables searches using a Creative Commons search engine.
What about collaborative relationships, where faculty may teach students from other institutions?
The CCC Annual License covers these relationships unless the students are from outside the UT System. If there are UT instructors and UT students, then any use of materials from the Repertoire would be within the Annual License.
Fair use, though limited to small parts, may be useful here as well. Open access publishing and Creative Commons licensed materials may also prove useful.
Does the Annual License apply to continuing education?
Only if the recipients are University faculty or staff, or UT students enrolled in an academic program (e.g., they have UT student ID card). Other recipients of UT continuing education, for example, professionals in a field for which the education is offered, would not be covered.
Our library licenses often do not cover this kind of use either. Fair use is a possibility, as is open access and Creative Commons licensing, but when continuing education becomes a revenue generator for us, we likely need to look beyond our academic web of rights.
Can faculty between UT institutions share under the Annual License?
Yes. And UT faculty, students and staff can share portions of works covered by the Repertoire with individuals outside UT if the communication (i) involves academic research, (ii) is without charge, (iii) does not involve the systematic distribution of copies and (iv) does not involve the bulk distribution of copies.
Of course, these uses may also be fair use, may be covered by library licenses, or the works may be published under open access or Creative Commons licenses. Lots of possibilities.