Due to specific exceptions in U.S. Copyright Law to promote educational activities, faculty and staff may be allowed to clip, scan, quote, copy, show, and display copyrighted works for educational purposes. It is important to understand what these exceptions are, as well as the differences between in-person and online classes, in order to be compliant with the law.
According to 17 U.S. Code § 110 and Circular 21 distributed by the U.S. Copyright Office, there are several exceptions that allow for the use of copyrighted materials in classrooms. 17 U.S. Code § 110 permits the performance or display of protected materials in an in-person teaching environment, specifically within a classroom at a nonprofit educational institution. It establishes an exception to the exclusive rights related to performance and display, although it does not extend to the right of reproduction. For copies or reproduction, it is best to follow the rules of Fair Use. Additionally, it specifies that any performance or display in the classroom must be conducted using a legally obtained copy of the material.
Copies for instruction and classroom usage should follow fair use guidelines. For example, it may be considered fair use to make a copy of an article, chapter, or other material if there is a clear link between the work and the instructor's teaching goals, the amount is small and is only what is needed to teach the material, copies are distributed only to those enrolled in the course and collected by the end of the course, and citations and copyright notices are provided. However, fair use should be considered on a case-by-case basis.
Materials such as exams, workbooks, exercises, standardized tests and test booklets, and answer sheets should never be copied. Copying should not replace purchasing, and be from a legally purchased or acquired work.
While there are several nuances when it comes to using copyrighted materials in the classroom, there are some best practices to keep in mind:
• Use materials that were legally purchased or acquired, such as a book purchased from a store or an article found in a library database
• When sharing materials with students, provide stable, external, permanent links rather than uploading a PDF. Uploading a PDF of copyrighted materials may be a violation of copyright and/or the library's licensing agreements
• Consider fair use, such as not copying a significant amount from one work, using the minimum amount necessary to accomplish your instruction goals, and being able to explain how the selected work relates to course outcomes or objectives
• Use library resources. The library negotiates licenses to online content that allow for classroom and reserves use
• Remind students not to make copies or redistribute course materials
• Include copyright notices for copyrighted works that are used within the course
• After the course has concluded for the semester, restrict access to course content
• Utilize open access and Open Educational Resources with open licenses, such as a Creative Commons license
• If you feel that your use of a material is a copyright violation, try to alter your use, consult U.S. Copyright Law, or contact the copyright holder to obtain permission
The LEARN graphic above was adapted from Fordham University Library's LEARN graphic.
