In Person Instruction
Copyright law provides a set of narrowly defined limitations which allow use of copyrighted material in the classroom without permission from the copyright holder. These can be found in 17 U.S. Code § 110 (1). To qualify under section 110 the use must fall into these perimeters:
If all of the above conditions are met, then students and instructors can engage in certain activities which are normally protected by copyright and would require permission from the copyright holder, provided the copy was legally obtained.
Examples include:
Online Instruction
The TEACH Act is found in 17 U.S. Code § 110 (2) and extends the exception to online instruction under certain circumstances. Only certain works are covered and only for accredited nonprofit education institutions.
Important works excluded from the TEACH Act include:
The TEACH Act covers works an instructor would show or play during in person instruction such as a movie or music clips, images of artworks, or a poetry reading. It does not cover materials an instructor may want students to study, read, listen to or watch on their own time outside of class. Instructors will have to rely on other rights they may have to post those materials, such as the fair use statute, or get permission.
Ready to use course materials under the TEACH Act? Use this handy checklist to make sure:
__My institution is a nonprofit accredited educational institution or a government agency
__It has a policy on the use of copyrighted materials
__It provides accurate information to faculty, students and staff about copyright
__Its systems will not interfere with technological controls within the materials I want to use
__The materials I want to use are specifically for students in my class
__Only those students will have access to the materials
__The materials will be provided at my direction during the relevant lesson
__The materials are directly related and of material assistance to my teaching content
__My class is part of the regular offerings of my institution
__I will include a notice that the materials are protected by copyright
__I will use technology that reasonably limits the students' ability to retain or further distribute the materials
__I will make the materials available to the students only for a period of time that is relevant to the context of the class session
__I will store the materials on a secure server and transmit them only as permitted by this law
__I will not make copies other than the one I need to make the transmission
__The materials are of the proper type and amount the law authorizes:
__The materials are not among those the law specifically excludes from its coverage:
__If I am using an analog original, I checked before digitizing it to be sure: