Essentials - Scholarly Communication Services - Copyright for Teaching & Instruction

About Copyright for Teaching & Learning
Copyright Exceptions for Teaching & Learning

Fair Use Public Domain Classroom Use DMCA Creative Commons Request Permission

What do you need to do? What questions do you have?

The answer for any copyright question usually begins with 'it depends...' rather than a quick 'yes' or 'no.' The details of using a copyrighted work and for what purposes will guide its answer. Applying and interpreting copyright law, particularly exemptions (also known as exceptions), will help inform if (and how) a copyrighted work can be reused without permission.

The chart below presents a list of common copyright scenarios for teaching and learning. What you may do depends on whether you are teaching face-to-face, posting works on Canvas, or having a class held online. Then, by selecting your setting, you can view links to relevant copyright concepts that can inform your copyright question.

Your decision to use a copyrighted work will ultimately be based on your interpretation of these exceptions, values for using the intellectual property of others, and tolerance for risk.

While copyright law and its language may appear daunting, be assured that some limits to copyright are essential for free speech, cultural expression, promotion of new ideas and creations, and also teaching and learning. Increasing your familiarity with copyright concepts will help you make better informed use of them.

I want to:	For face-to-face teaching and in a classroom:	On Canvas or For an Online Class	Refer to the Following Page(s):
Make paper copies of a copyrighted work.	X		Fair Use
Share a URL to a web page.	X	X	Distributing a URL on its own does not violate copyright. Recommended: Know who is responsible for the content of the web page. Be sure the content was legally posted (and not a pirated work). Make sure the web page doesn't require a log-in (that's not an FAUNet ID) or have other restrictions on viewing it.
Read, share, or perform a copyrighted work.	X		Classroom Use Exception Fair Use
Read, share, or perform a copyrighted work.		X	Fair Use
Show a video or digital work.	X		Fair Use Classroom Use Exception Digital Millennium Copyright Act
Show a video or digital work.		X	Fair Use Digital Millennium Copyright Act
Find or use works for teaching (e.g., books, articles, assignments, videos).	X	X	Creative Commons Public Domain Open Educational Resources (OER): works intended for teaching / learning purposes with more flexible terms of use Assignment Builder: find and use digital items available through the FAU Libraries, and embed their links on Canvas!
Find or use images or clipart for teaching, presentations, or publications.	X	X	Fair Use: things to consider with using images Creative Commons: find images Public Domain: find images Images LibGuide: sources of images
Scan a whole copyrighted book or copy an entire movie.	X	X	Not recommended. This is usually a violation of copyright although works in the public domain or rare, hard-to-obtain items may qualify; in these cases, please review and apply relevant copyright laws.
Talk about this with someone!	X	X	Contact us! The FAU Libraries does not provide legal advice, but we can help you clarify your use of copyrighted work, ID what copyright principles might apply, and other options.

Disclaimer: The FAU Libraries and its faculty, staff, and administration are not attorneys and cannot interpret the law. This information is provided for educational purposes only and does not substitute for advice from legal counsel.

Copyright law has exemptions (also known as exceptions) that allow copyrighted works to be reused without permission under certain conditions; the following exceptions marked with * are most frequently used in library and education settings. The links in blue lead to respective exceptions in current US copyright law:

Section 101	Definition
Sections 102 - 105	Subject matter(s) of copyright
Section 106	Exclusive rights in copyrighted works
Section 107*	Limitations on exclusive rights: Fair use*
Section 108*	Limitations on exclusive rights: Reproduction by libraries and archives* 108(d & e): Interlibrary Loan*
Section 109	Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord
Section 110* In-Class Performance	Limitations on exclusive rights: Exemption of certain performances and displays 110(1): Class use (also known as Classroom Exception)* 110(2): TEACH Act 110(2)d: TEACH Act provisions
Section 121*	Limitations on exclusive rights: Reproduction for blind or other people with disabilities* Section 121A: Limitations on exclusive rights: Reproduction for blind or other people with disabilities in Marrakesh Treaty countries*

Source: U.S. Copyright Office (2016). Copyright law of the United States. https://www.copyright.gov/title17/

Also in This Guide

Related LibGuides

The following guides explain the legal side of copyright:

Federal Laws

Copyright and Related Concepts in Plain Language

About Copyright (Copyright Clearance Center)

Reproduction of Copyrighted Works by Educators and Librarians (U.S. Copyright Office)
Circular 21 of the US Copyright Office.
Copyright & Fair Use: Academic and Educational Permissions (Stanford University Libraries)

Better Practices for Copyright for Teaching & Instruction

Intellectual Property Policy (FAU Division of Research)
According to this document, FAU faculty own the copyright to materials considered "Regular Instructional Works." See this document for more qualifiers, disclosure requirements, and other related policies.
Digital Millennium Copyright Act (FAU OIT)

Books in the Library

Copyright Law for Librarians and Educators by Kenneth D. Crews Copyright law never sleeps, making it imperative to keep abreast of the latest developments. Declared "an exemplary text that seals the standards for such books" (Managing Information), this newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students, librarians, and educators alike. Readers will learn basic copyright definitions and key exceptions for education and library services; find information quickly with "key points" sidebars, legislative citations, and cross-references; get up to speed on fresh developments, such as how the recently signed Marrakesh Treaty expands access for people with disabilities and why the latest ruling in the Georgia State University case makes developing a fair use policy so important; understand the concept of fair use, with fresh interpretations of its many gray areas that will aid decision making; learn the current state of affairs regarding mass digitization, Creative Commons, classroom use and distance education, the Digital Millennium Copyright Act, and other important topics; receive guidance on setting up on a copyright service at a library, college, or university; and find many helpful checklists for navigating copyright in various situations. This straightforward, easy-to-use guide provides the tools librarians and educators need to take control of their rights and responsibilities as copyright owners and users.
Call Number: eBook (FAU log-in required)
ISBN: 9780838946916
Publication Date: 2020-03-30
Copyright by Neil Weinstock Netanel Copyright law was once an esoteric backwater, the special province of professional authors, publishers, and media companies. This is no longer the case. In the age of social media and cloud storage, we have become a copying and sharing culture. Much of our everyday communication, work, and entertainment now directly involves copyright law. Copyright law and policy are ferociously contested. Record labels, movie studios, book publishers, newspapers, and many authors rage that those who share music, video, text, and images over the Internet are "stealing" their property. By contrast, copyright industry critics celebrate digital technology's potential to make the universe of movies, music, books, and art accessible anytime and anywhere - and to empower individuals the world over to express themselves by sharing and remixing those works. These critics argue that excessive copyright enforcement threatens that promise and stifles creativity. In Copyright: What Everyone Needs to Know�, Neil Netanel explains the concepts needed to understand the heated debates about copyright law and policy. He identifies the combatants, unpacks their arguments, and illuminates what is at stake in the debates over copyright's present and future.
Call Number: KF2995 .N478 2018
ISBN: 9780199941148
Publication Date: 2018-08-10
The Copyright Handbook by Stephen Fishman What copyright law protects....and doesn't No writers like to see their hard work or creativity copied by others - or to be accused of copying. Fortunately, The Copyright Handbook provides everything you need to protect yourself! Find information and forms to help you: register your work maximize copyright protection transfer ownership of copyright avoid infringement deal with infringers understand the "fair use" rule get permission to use copyrighted work profit from your copyright This edition is updated to provide the latest copyright regulations, forms and rules for filing a copyright application.
Call Number: KF2995 .F53 2017 (Boca Raton Campus)
ISBN: 9781413324273
Publication Date: 2017-10-30
Managing Copyright in Higher Education by Donna L. Ferullo As more and more colleges and universities establish copyright offices and/or assign the responsibilities of copyright education and advisory services to specific individuals within the institution, many times librarians, there is a paucity of resources available on how to manage that responsibility. Most works on copyright discuss the law and court cases interpreting the law but few address the situational application of it and the management and coordination of copyright efforts on a campus. Here is a complete, one-stop, guide to managing copyright at all levels--community college, college, and university. Complete chapters are devoted to: The university cultureThe role of a copyright officeHow to establish a copyright officeCopyright services for librariansCopyright services for facultyCopyright services for administrators and staffCopyright services for students Written by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.
Call Number: eBook (FAU log-in required)
ISBN: 9780810891494
Publication Date: 2015-01-01

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Scholarly Communication Services - Copyright for Teaching & Instruction: Essentials