Some works may be used without permission:
- For display or performance
- In the classroom
- In distance learning when transmitted only to enrolled students
Copyright law recognizes the need for instructors and students
to be able to use copyrighted works in the course of teaching activities.
Like fair use, this is a provision that limits the exclusive rights
of the copyright owner and allows for certain uses of copyrighted
works without permission of the copyright owner.
Distance Teaching: See the TEACH Act section
Web-Based or TV
If the teaching activity is to be web-based or televised, the use
of copyrighted materials must be in accordance with the TEACH Act
While the provisions for performance and display of materials are
still very broad, educators are only able to claim teaching use
if they work for an accredited nonprofit educational institution
that meets the TEACH Act requirements.
Employees of for-profit organizations or instructors at institutions
that have not established copyright policies may not have protection
when using copyrighted materials in distance education.
Not Covered by TEACH Act
Copying, adapting or distributing copies of a work in the course
of teaching are not covered by this provision. If your intended
use falls outside the situations addressed by this provision, you
may want to consider if fair use applies to your situation, and
if not, seek permission.