Copyright and Teaching: Using Copyrighted Works in the Classroom
You may have questions about what can be used in the classroom. If you are unsure, here are four steps you can take to determine whether you are using copyrighted works appropriately.
1) We recommend that you start by asking first: Is what you are using protected under copyright law or in the public domain? You can do this by checking this chart created by Peter Hirtle: Copyright Term and the Public Domain in the United States or the Public Domain Slider.
2) If the resource is under copyright law, then you should check to see how it is licensed. When something is licensed, we are contracted to use (not own) it, whether through Creative Commons or through the library. If you got the resource through the library, you can check with any librarian to make sure you understand the licensing terms. For example, Debbie Benrubi is our specialist on all our streaming video licensing.
3) If there are no licensing terms but it is under copyright protections, you can also check to see if your use of the work fall under fair use. We recommend that you use this helpful checklist to guide you and help formulate your fair use case: ALA Fair Use Checklist
4) If you don't think your use is fair, then you might need to ask permission. But please note that linking is legal in the United States, and you don't need to ask permission! Instructions on how to link to library resources are on the Gleeson Library YouTube channel.
Finally...
Don't panic! You should know that copyright law supports education, and we have a copyright advisory team at the Gleeson Library to help you. There are, in fact, not just one, not two, but three pieces of legislation that educators depend on to do things like show videos in a class, hand out copies of articles to students, and use screenshots of websites in order to teach a point. They are
- 17 USC 107This is the part of copyright law that details how "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
- 17 USC 110(1)This is the part of copyright law that details how "performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction" is not infringement.
- Subtitle C of Title III of H.R. 2215This resource details the legislative history and FAQs for the "Technology, Education and Copyright Harmonization Act" (the TEACH Act). It "redefined the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. may use copyright protected materials in distance education-including on websites and by other digital means--without permission from the copyright owner and without payment of royalties."
Copyright Tools
These are all tools that people have created to help you determine whether you can use a copyrighted work. Please note that they do not provide legal advice, simply education and guidance. The tools use the information you provide it as well as your own judgement on the fairness of use.
- Know Your Copy RightsThis easy-to-read chart from the Association of Research Libraries applies in most academic teaching situations.
- Copyright GenieThis tool helps you find out if a work is covered by U.S. copyright, and calculates its terms of protection. It also generates a PDF.
- Exemptions for InstructorsThis tool takes you through a yes/no decision tree of copyright law to determine if your use in the classroom is fair.
- Fair Use EvaluatorThis tool generates you a time-stamped, PDF document for your records [example], which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it.