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Library Guide to Copyright: Fair Use and Educational Use

The TEACH Act and Distance Learning

The Technology, Education and Copyright Harmonization Act of 2002, known as the TEACH Act, is an Act of the United States Congress.

The TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education that does not contain a face-to-face classroom setting, revisions to these laws, particularly sections 110(2) and 112(f) of the U.S. Copyright Act, were needed.

Under this act, you may be permitted to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not met, then you may have to find another applicable exception, such as fair use.

For more information, including a checklist for the conditions of use required by the Act, see LSU's TEACH Act Toolkit.

Instructors who scan and mount their own electronic readings should include a copyright statement at the beginning of each protected document. The Library uses the text below:

WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be used for any purpose other than private study, scholarship, or research. If electronic transmission of reserve materials is used for purposes in excess of what constitutes "fair use," that user may be liable for copyright infringement.

For more information see the Copyright Code for Educators and Librarians

What is fair use?

The U.S. Copyright Code stipulates that copyrighted material can be used without permission or payment under specific "fair use" circumstances:

[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Educational Use

Certain educational and scholarly uses may fall under fair use. This can be tricky for certain copyrighted materials such as print books or eBooks. The Guidelines for educational use include:

  • noncommercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions
  • planned noncommercial study or investigation directed toward making a contribution to a field of knowledge, or
  • presentation of research findings at noncommercial peer conferences, workshops, or seminars.

More information is available through Stanford University Libraries

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