Copyright and the Classroom

What do I do?
Johnny Tilton
Fall 2013

Know What You Can Do!

Often, you can use things while teaching that
do not need permission or require a fee.
Be careful of things like course packs. These
often need permission.

Works not Copyrighted

Public Domain Works
U.S. Government and pre-1923 works

Can I?
Use in a live classroom? Yes
Post to an online class? Yes
Distribute Readings? Yes
Create Electronic Reserves? Yes

Your Own Works

If you kept copyright or reserved use rights.
Can I?
Use in a live classroom? Yes
Post to an online class? Yes
Distribute Readings? Yes
Create Electronic Reserves? Yes

Open Access Works

Works available online without license,
password or other restrictions
Can I?
Use in a live classroom? Yes
Post to an online class? Link
Distribute Readings? Link
Create Electronic Reserves? Link

Electronic Works Licensed by Your

Institution
Depends on license but usually permitted
Can I?
Use in a live classroom? Yes
Post to an online class? Link
Distribute Readings? Link
Create Electronic Reserves? Link

Electronic Works with a Creative

Commons License
Depends on license but usually permitted; if
not, LINK
Can I?
Use in a live classroom? Yes
Post to an online class? Yes
Distribute Readings? Yes
Create Electronic Reserves? Yes

Other Works
When none of the above apply
Can I?
Use in a live classroom? Yes
Post to an online class? Yes
Must meet TEACH or Fair Use. If not, LINK

Distribute Readings? Yes

Must meet TEACH or Fair Use. If not, LINK

Create Electronic Reserves? Yes

Must meet TEACH or Fair Use. If not, LINK

TEACH Act
The TEACH Act facilitates and enables the performance and display of
copyrighted materials for distance education by accredited, non-profit
educational institutions (and some government entities) that meet the
TEACH Acts qualifying requirements. Its primary purpose is to balance
the needs of distance learners and educators with the rights of
copyright holders. The TEACH Act applies to distance education that
includes the participation of any enrolled student, on or off campus.
Under the TEACH Act:
Instructors may use a wider range of works in distance learning
environments.
Students may participate in distance learning sessions from virtually
any location.
Participants enjoy greater latitude when it comes to storing, copying
and digitizing materials.

TEACH Act Cont.

What the TEACH Act Does Not Allow
The new exemptions under the TEACH Act specifically do not
extend to:
Electronic reserves, coursepacks (electronic or paper) or
interlibrary loan (ILL).
Commercial document delivery.
Textbooks or other digital content provided under license
from the author, publisher, aggregator or other entity.
Conversion of materials from analog to digital formats,
except when the converted material is used solely for
authorized transmissions and when a digital version of a work
is unavailable or protected by technological measures.

Fair Use Act

Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered fair, such as
criticism, comment, news reporting, teaching, scholarship, and
research. Section 107 also sets out four factors to be considered in
determining whether or not a particular use is fair.

1.
2.
3.

4.

The purpose and character of the use, including whether such use
is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to
the copyrighted work as a whole
The effect of the use upon the potential market for, or value of,
the copyrighted work

Fair Use Act

Copyright protects the particular way authors have expressed
themselves. It does not extend to any ideas, systems, or factual
information conveyed in a work.
The safest course is to get permission from the copyright owner
before using copyrighted material. The Copyright Office cannot give
this permission.
When it is impracticable to obtain permission, you should consider
avoiding the use of copyrighted material unless you are confident
that the doctrine of fair use would apply to the situation. The
Copyright Office can neither determine whether a particular use
may be considered fair nor advise on possible copyright violations.
If there is any doubt, it is advisable to consult an attorney.