Separate from and in addition to Fair Use, there are some other exceptions to copyright law particularly relevant to educators. They are discussed below.
Section 110(1) of the U.S. Copyright Law provides educators with rights regarding the display or performance of copyrighted works in the classroom (in an accredited nonprofit educational institution) during face to face instruction. Copyright permission does not have to be received prior to this type of use, and it applies to any work, regardless of the medium. *Unless the work "is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made."
Section 110(2) of the U.S. Copyright Law provides educators with rights regarding performance or display of works through digital transmission as part of synchronous or asynchronous distance education, as long as certain requirements are met.
The Technology, Education and Copyright Harmonization, the TEACH Act, updated sections110(2) and 112 of U.S. Copyright Law. It includes provisions to copyright law that allow educators to use copyrighted materials for distance education, with certain restrictions. Restrictions include:
The TEACH Act does not extend to
UAMS Office of Educational Development's Seven Copyright Best Practices for Online Teaching provides useful guidance on using materials in distance education. In regards to the TEACH Act, they recommend that instructors put this notice in their course syllabus and on the front page of their online course:
This course contains copyrighted materials for personal, educational use of enrolled students and may not be further distributed.
University of Texas Libraries Copyright Crash Course: TEACH Act: Another section of UT's excellent Copyright Crash Course, specifically covering the TEACH Act.
Copyright Clearance Center: The TEACH Act: This PDF provides a helpful overview of the TEACH Act, its requirements, and what it does not allow.
American Library Association: The TEACH Act: The ALA's guide on the TEACH Act provides information on the act and answers to frequently asked questions.
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