Copyright exceptions for teaching | Scholarly Communications @ Duke

Copyright exceptions for teaching | Scholarly Communications @ Duke: Copyright exceptions for teaching
By Kevin Smith, J.D. On December 26, 2006 · 2 Comments · In Copyright in the Classroom, Fair Use

There are three exceptions to the exclusive rights in copyright that help serve educational needs:

Face-to-face teaching – Section 110(1)

Allows performance or display of protected material in a face-to-face teaching setting.
Must be in a classroom and at a non-profit educational institution.
Does NOT allow copying. This is an exception to the exclusive rights of performance and display, but not the right of reproduction.
Copying may still be allowed by fair use, however.

Performance and display in the classroom must employ a legally obtained copy – no “bootleg” copy is eligible for this exception, but borrowed copies are OK.


“Transmission” to registered students – Section 110(2), a.k.a. The TEACH Act
Allows digital copies in course management systems under a specific set of conditions.
Text and images may be transmitted (displayed) in amounts comparable to in-class teaching.
Music and video may be used in portions; entire songs may be used if “non-dramatic.”
Access must be restricted to students registered in the course, and notice that the material is protected must be given.
Technological measures to prevent the material from being retained after the course is over or copied to others are required. Streaming of music and video is a good way to meet this requirement.
The institution should have policies and educational programs about copyright in place to take advantage of this exception.


Fair Use – Section 107

U.S. Copyright Office - Fair Use

U.S. Copyright Office - Fair Use: One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work