Copyright Basics for the Educators

Instructors in nonprofit educational institutions are allowed to use legally obtained copyrighted works in the classroom or a similar place that involves face-to-face teaching activities under specific circumstances permitted under this exemption, for example, instructors have the right to distribute copies of single articles or book chapters to their students under this exemption as long as it is not done to avoid the purchase of textbooks or course packs. Other types of in-classroom use may still be permitted if the fair use guidelines are met.

Requirements:

• Teaching activities must take place in a classroom or a similar place devoted to instruction.
• All materials must be legally acquired.
• All materials used must directly relate to the course curriculum.

Showing film and video in the classroom

Audiovisual materials may be used in classrooms as part of regular face-to-face classroom instruction without seeking the copyright owner's permission for performance or display. Under this exemption, educators may display or perform any legally owned works that relate to the curriculum regardless of the medium. To qualify for the "face to face" teaching exceptions contained in Section 110 of the Copyright Act, an instructor must be in the classroom and engaged in a face-to-face teaching activity.

The TEACH Act was signed into law in late 2002, it allows instructors to digitize works for use in an online educational environment, but only to the extent permitted under the TEACH Act. The TEACH Act exemption applies only to online as well as hybrid courses.  However, for other activities fair use or other copyright exemptions should be applied. In order to qualify for the TEACH Act exemption, the following criteria must be met.

Requirements for complying with the TEACH Act:

• Limit access to copyrighted works to currently enrolled students in a class. 
• The institution has a license that permits such use of the copyrighted work(s).
• Teaching must occur at an accredited, nonprofit educational institution.
• Limit access to the time needed to complete the class session or course.
• The amount displayed must be comparable to that typically displayed in a face-to-face classroom setting.
• Must apply secure authentication technology to prevent further copying or redistribution of copyrighted works.
• All materials used must contain a notice stating that they may be subject to copyright protection. and should not be distributed beyond the actual class participants.
• Inform instructors, students and staff about the importance of complying with copyright laws and policies. ​

The following materials may not be transmitted under the TEACH Act exception:

• Materials that are specifically marketed for educational use, likes textbooks
• Materials that are typically purchased by students for their classroom use, like course packs.
• Illegal copies of materials under the U.S. Copyright law.