Classroom Teaching
What are the copyright issues involved in using copyrighted material in classroom teaching? First of all, "classroom teaching" is intended here to be restricted to traditional, face-to-face teaching at a nonprofit educational institution in a classroom or similar place devoted to instruction. Typical uses here would likely include showing the work (display), playing a movie or music (performance), or reproducing the work (perhaps a single copy so it can be displayed or multiple copies to hand out to students).
Educational uses are favored under the copyright act since they directly support copyright's Constitutional purpose of promoting the progress of science and the useful arts. Because of this, Congress has included a number of exceptions in the copyright act that allow educational uses without the need for permission from the copyright holder.
The Short Answer
In the traditional, face-to-face classroom, the "short" answer is often enough. I have learned, however, that there are often twists and turns in the fact scenarios that either negate the short answer or cause the user to question whether or not the short answer is still applicable. This led me to develop a five step approach for analyzing a copyright use question that may serve you better in the long run for those times you cannot find your specific question or fact scenario in short answers or faqs. This same five step approach will also be used in the online teaching section.
1. Short Answer: Performance or Display of Copyrighted Works
Section 110(1) of the copyright act permits teachers or students to perform or display any copyrighted work in the course of face-to-face teaching at a nonprofit educational institution. In the case an audiovisual work, the work must have been lawfully made (note, however, that a fair use copy is lawfully made). The performance or display must be part of the teaching activities which means you can't just show it for entertainment purposes. So, this seems pretty straightforward, unless you need to make a copy of the work before you can display or perform it.
2. Short Answer: Reproduction of Copyrighted Materials
Often teachers must make a copy of the work in order to show it. For example, perhaps they wish to show a graphic, chart, photo, or other type of image using an overhead projector or some other technology. A single copy must be made and reproduction is not covered by the section described above. Other than permission, what are the options?
There are two for a single copy:
• If you are in a web-enabled classroom and the work you wish to show is on the internet, show it that way. You've avoided the whole reproduction question.
• Consider fair use. There is a strong likelihood that reproducing a single copy in order to exercise your 110(1) rights is a fair use. See the Fair Use Checklist.
For multiple copies for students, the options are fair use (see above), permissions, or using the NCSU Libraries Electronic Reserves.
The Five-Step Approach to Analyzing Copyright Use Questions
1. Is the work copyrighted? If not, no further analysis is needed. If yes or if you don’t know, read on.
2. Is the work covered by a license, such as those governing my library’s electronic journals and databases?
3. Is there a specific provision in the copyright law that supports my proposed use without seeking prior permission from the copyright holder?
4. Does the fair use provision of the copyright law justify my proposed use?
5. Do I need permission from the copyright holder for the use I propose?
Note: It is important that these questions be done in order. For elaboration of these questions, go to the url above the questions.
This process/analysis method can also be found at ARL's Know Your Copy Rights site. I developed it and the site when I was a Visiting Scholar for Campus Copyright and Intellectual Property and hold the copyright to this piece.