Educators/instructors at non-profit educational institutions are privy to copyright exceptions for face-to-face teaching in the classroom. This handout looks at those copyright rights as an instructor and gives guidance for all things related to the preparation and execution to the act of teaching.
Issues with copyright and course materials usually pop up because you’re actively making copies of a copyrighted work sometimes. For example, handing our physical copies of a copyrighted work and/or uploading articles/material to the LMS are both activities that require copying. Sometimes, copying works falls within the prelude of copyright law, but other times you are required to obtain permission to copy the works from the copyright holder.
According to 17 U.S.C. Section 110, the following is not copyright infringement:
"… performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made . . .."
What does Section 110 of the Copyright Act mean for educators?
Does Section 110 cover online teaching, MOOCs, and the like?
Some common copyright questions for the instructor
1. I would like to photocopy some handouts for my class …
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Do’s |
Don’ts |
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Make a single copy of a book chapter, journal, or newspaper article, short essay, story or poem, or a chart, graph, diagram, drawing, or picture from a work – the single copy can be used by you for your research, use in teaching, or preparation for teaching a class |
Make multiple copies of whole works for your entire class without thinking about Fair Use rules |
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Copy a short work or section of a work so that it complies with Fair Use guidelines |
Use the entire work or many sections of a work to copy and distribute to your class |
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Include a copyright notice so it appears on the copy so that the students realize that the work is protected by copyright |
Photocopy to replace a textbook, anthology, or purchase of books, reprints or journals. |
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Copy no more than one short work or excerpts can be used from the same author and no more than 3 from the same collective work or periodical volume/term – newspaper articles and news sections of journals are exempt |
Reproduce consumable works such as workbooks, exercises, and study guides |
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Copying of the same item by the same teacher should probably not be repeated over several years |
Charge your students for copies a fee that is higher than the actual cost of copying the materials
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2. I would like to put up some content on the Learning Management System (LMS) …
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Do’s |
Don’ts |
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Use the web link of content used from a website |
Copy and paste long sections of website content on the LMS without consideration for Fair Use rules |
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Use copyrighted web or scanned copyrighted images for educational purposes and displayed for one term/semester on the LMS |
Frequently use copyrighted web or scanned copyrighted image over many terms/semesters |
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Use the direct library database link to journal articles you want posted to the LMS for your class |
Copy and paste an entire journal article into the LMS for classroom use |
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Post a scanned chapter from a book that is only 5% of the total work if in print and 10% of the total work if out of print – it’s permissible for one term/semester |
Frequently use over many terms/semesters a posted scanned chapter from a book which is only 5% of the total work if in print and 10% of the total work if out of print |
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Upload an audio file that is no more than 30 seconds long without permission depending on the overall size of the file |
Frequently use over many terms/semesters an uploaded audio file that is no more than 30 seconds depending on the overall size of the file |
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Upload a video file that is no more than 10% of the entire file or three minutes long whichever is less |
Repeatedly use over many terms/semesters an uploaded video file that is no more than 10% of the entire video file or three minutes long, whichever is less |
3. I would like to put some content on the course reserve …
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Do’s |
Don’ts |
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Use book excerpts on the e-reserve that do not exceed 20% of the total pages in the book. This limit is cumulative over the course of the term |
Use books excerpts placed on e-reserve that exceed 20% of the total pages in the book |
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Use articles that are available through a Library-licensed database, ejournal, ebook, or located on the open Web can be placed within a course's learning management system (BlueDocs, Canvas, Sakai, etc), or in a Box folder with course participants given access. |
Scan or copy material obtained from a non-JHU source in entirety for use in course reserves without consideration of Fair Use rules |
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Use electronic materials that are obtained from a non-JHU source and apply current copyright rules. Based on fair use criteria, library staff will determine if limited portions of an individual work can be scanned or copied for course reserves. Faculty should be responsible for additional costs to copyright compliance that exceeds fair use. |
Frequently or repeatedly use materials placed on e-reserve for the same course without copyright permission or clearance from the Copyright Clearance Center |
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Use materials placed on electronic reserve for subsequent or repeated semesters for the same course; instructor obtains copyright permission. |
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4. I would like to prepare a PowerPoint presentation for my class ...
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Do’s |
Don’ts |
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Incorporate images in your slidedeck - if you are talking about the images during the class, you have a good Fair Use case
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Use images that are heavily protected by copyright or have a restrictive Creative Commons license protecting its use |
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Digitize analog images (nondigital photographic prints or paintings). Digitizing is traditionally accomplished by scanning a printed photo. In this process, an analog image (that is, a two-dimensional printed photograph or slide created by a non-computer photo processing method) is converted into a digital format known as binary code. This digital format is stored in a computer file. Under the proposed guidelines, educators can digitize a lawfully acquired analog image for educational use unless the image is readily available in usable digital form at a fair price. |
Use copyright-protected images without seeking permissions from the copyright holder for commercial projects
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5. I would like to play video that I recorded for my class …
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Do’s |
Don’ts |
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Video record only programs broadcast to the general public. This includes all programs broadcast to homes and schools. |
Video record shows from cable television services such as Showtime, HBO, The Disney Channel, Netflix, C-Span and ESPN |
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Show the video recording only during the first ten consecutive school days after it is made, and only in a classroom or similar place devoted to instruction. A video may be shown to several classes if appropriate |
Show the recorded video in an unlimited way |
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Limit the number of copies made from each recording. Each copy is subject to all the provisions governing the original recording. |
Make many copies of the video recording |
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Do not alter/edit the video recording in any way; e.g., recordings may not be edited to create an anthology or compilation |
Alter/edit the recording to create derivatives like a compilation or anthology |
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After the ten-day classroom use period expires determine whether the recording should be bought or licensed for permanent inclusion in the teaching curriculum.
Destroy the video recording after 45 calendar days after the recording was made |
Continue to use the video recording beyond the 10-day expiry
Keep the video recording longer than 45 calendar days without destroying it |