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 a static work, like an image (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 generally 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 specific exceptions in the copyright act that allow certain 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.  However, 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. 

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.  Note that Section 110(1) does not address "transmitting" a work.  To transmit a work is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. (Section 101). Therefore, as soon as a work is transmitted, such as streaming from one location to another, the 110(1) exception is not applicable.  Instead, Section 110(2) [the TEACH Act] is the appropriate section.

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. 

For multiple copies for students, the options are fair use (see above), permissions, or using the NCSU Libraries Electronic Reserves,   Historically, the NCSU Libraries electronic reserves has been a strong advocate of fair use, relying on it nearly exclusively for articles, book chapters, music, and thereby, providing reliable, long-term, multiple semester access to fair use materials.