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, there are several exceptions that allow for the use of copyrighted materials in a face-to-face classroom. 17 U.S. Code § 110:
American University has created an extensive guide on What Faculty Need to Know About Copyright for Teaching. While not all sections may be relevant to FDU and this should be used as a tool, this guide can be used to answer some frequently asked questions about sharing articles, art, music, and other resources in the classroom.
The TEACH Act from 2002 is an exception permitting the use of copyright works in online education. Implementation of the law requires adopting copyright policy, putting in place a variety of technological protections, and adhering to specific limits on the copyrighted works that may be used (Crews 2020). It is also important to note that the TEACH Act does not take the place of fair use laws or existing digital license agreements.
Among other factors, in order for the use of copyrighted materials in distance education to qualify for the TEACH Act exemptions, the following criteria must be met:
What is allowed under the TEACH Act?
What is not allowed under the TEACH Act?
To help determine if your use of materials falls under the TEACH Act, you can use the following checklist. Note: This is a tool to be used as a guide; U.S. Copyright Law must be carefully considered when making a decision.
Sources: Copyright Law for Librarians and Educators by Kenneth D. Crews (2020) and Copyright Clearance Center
Best Practices for using Copyright in the Classroom:
Disclaimer: The information presented in this guide is intended for information purposes only, and should not be construed as legal advice.