Copyright and Fair Use

Under the TEACH Act, you may use:

• An entire performance of a nondramatic literary or musical work, or
• Reasonable and limited portions of a dramatic literary, musical, or audiovisual work, or
• Other works such as images in an amount comparable to what would be displayed in a live classroom session.

• Institutional Requirements:
  • Your institution must be an accredited nonprofit educational institution or government agency,
  • Your institution must have policies regarding copyright,
  • Your institution must provide accurate information to faculty, staff, and students about copyright.
• Teaching Requirements:
  • Works must be performed or displayed at the direction or under the supervision of the instructor.
  • Works must be performed or displayed as an integral part of regular class time instruction
  • Works performed or displayed must be directly related and of material assistance to educational objectives of the class.
• Technological requirements:
  • Works must be strictly limited to officially enrolled students,
  • Technical controls preventing downloading, copying, access to materials beyond the class session, and unauthorized further dissemination
  • Must not interfere with technological protection measures already in place.
• Materials that are excluded from TEACH Act coverage:
  • Materials specifically marketed for e-learning or digital distance education,
  • Copies you know or should know are illegal,
  • Textbooks, coursepacks, electronic reserves, and similar materials typically purchased individually by students for independent review outside the classroom.
• If you are using an analog original, be sure that:
  • You have only copied the amount that you are authorized to transmit (e.g. don’t copy an entire movie if you’re only using clips),
  • There is no digital copy of the work available except with technological protections that prevent you from using it for the class in the way the statute authorizes.

Section 110(2) of the Copyright Act