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Eastern Michigan University Halle Library

Copyright

This guide gives you a clear overview of copyright basics, rights, and exceptions to help you use and share materials legally in teaching and research.

Fair Use

Many uses of copyrighted materials in the classroom are permitted under the fair use exemption in U.S. copyright law. See the Fair Use page for more information.

Additional classroom exemptions are outlined below.

In-Person Teaching

Copyright law also provides specific allowances for the use of copyrighted materials in traditional, in-person classes. These exemptions outline when instructors and students may display or perform works during face-to-face teaching at nonprofit educational institutions without seeking permission.

  • The performance or display takes place in a classroom or similar place devoted to instruction.
  • It occurs during face-to-face teaching.
  • It takes place at a nonprofit educational institution.

If the work is a motion picture or other audiovisual work, a lawfully made copy must be used.

This exemption is established under 17 U.S.C. § 110(1) .

Distance Education

Online and distance education are covered under the TEACH Act (Technology, Education, and Copyright Harmonization Act), which outlines when instructors can use copyrighted materials in digital learning environments without obtaining permission.

U.S. copyright law allows instructors to use certain copyrighted works for distance education without permission, provided that specific conditions are met.

These conditions apply if you:

  • Are an instructor, or are acting under the direction or supervision of one, in a class session offered by an accredited nonprofit educational institution or governmental body;
  • Use the material as an integral part of a class session;
  • Use the material that is directly related to and of material assistance to your teaching content; and
  • Use a lawfully made copy of the work.

And the copyrighted work:

  • Was not produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks; and
  • Will be transmitted solely to students officially enrolled in the course for which the transmission is made.

Your use must fall into one of the following categories:

  • Performing a nondramatic literary or musical work (for example, reading a short story aloud or singing a song);
  • Performing a reasonable and limited portion of any other work (for example, playing an excerpt from a film); or
  • Displaying any work in an amount comparable to what would be used in a live classroom.

In addition, your institution must:

  • Establish a copyright policy;
  • Provide copyright information to faculty, students, and relevant staff members;
  • Notify students that course materials may be protected by copyright; and
  • If the transmission is digital, apply the required technological measures to prevent unauthorized use.

When these conditions are met, U.S. copyright law permits the use under 17 U.S.C. § 110(2) .