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Copyright & Fair Use

Fair Use

What is Fair Use?

Copyright is a form of legal protection given to content creators through the assignment of specific rights to works that qualify for protection. The main goals of copyright are to encourage the development of culture, science and innovation, while providing a financial benefit to copyright holders for their works, and to facilitate access to knowledge and entertainment for the public. Copyright provides a framework for relationships between the different players in the content industries, as well as for relationships between rightsholders and the consumers of content. Copyright is a form of Intellectual Property, along with trademarks and patents in all countries, and other creations (such as trade secrets, sui generis database rights, rights of publicity and the like) that may vary from country to country. (Source: Copyright Clearance Center)

Fair use, codified at Section 107 of the Copyright Act, provides users rights to use materials without permission under certain circumstances and can apply to online education.

Four Factors of Fair Use

  1. What is the character of the use?
  2. What is the nature of the work to be used?
  3. How much of the work will you use?
  4. What effect would this use have on the market for the original or for permissions if the use were widespread?

Copyright

Laws, Cases & Issues

Internet Resources

Overview of Copyright Law

TEACH Act

The “Technology, Education and Copyright Harmonization Act,” commonly known as the “TEACH Act,” was enacted by Congress on October 4, 2002. Section 110(2) of the Copyright Act gives accredited, nonprofit U.S. educational institutions the right, under certain circumstances, to use copyrighted materials for organized instructional activities that are not in face-to-face traditional classroom settings. Read the full act here: 17 U.S. Code § 110 - Limitations on exclusive rights: Exemption of certain performances and displays

Use this checklist to see if you are ready to use the TEACH Act

__ 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

  • Entire performances of nondramatic literary and musical works
  • Reasonable and limited parts of a dramatic literary, musical, or audiovisual work
  • Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching

__ The materials are not among those the law specifically excludes from its coverage:

  • Materials specifically marketed for classroom use for online education
  • Copies I know or should know are illegal
  • Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session

__ If I am using an analog original, I checked before digitizing it to be sure:

  • I copied only the amount that I am authorized to transmit
  • There is no digital copy of the work available except one with technological protections that prevent my using it for the class in the way the statute authorizes

(Source: University of Texas Libraries)