Copyright: Copyright in the classroom

When Using materials in the classroom make sure to use proper attribution provided by the license on the material or the copyright owner.  If the attribution is not specified, it is best practice to include as many as the following elements as possible:

• Title
• Author
• Link
• Source

(TALS)  As always if you need assistance in identifying these elements or the copyright holder, reach out.  

Section 110(2) of The Copyright Act also referred to as Technology Education and Copyright Harmonization Act (TEACH Act) allows for "the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission" (Legal Information Institute, Cornell University).    The sections allows for distance education to use materials under the following conditions:

• The materials are used at an accredited educational Institution 
• The materials are used under the direction of an instructor as an integral part of the course 
• The materials are used during a regular mediated class session
• The materials are limited to only students officially enrolled in the course
• The materials used must be accompanied by a copyright notice and attribution
• The materials are not available after the course ends

What constitutes an "integral part of the course"

• portion and amount that would be similarly used in face to face instruction
• materials are specific or foundational to the course in which use is sought

What is excluded from the TEACH Act

1. educational materials created for the education market (e.g. library subscribed/ for profit journals, eBooks, eLearning system materials) 
2. Copies of performances or displays that are "not lawfully made and acquired" under the U.S. Copyright Act. (i.e. pirated materials)

17 U.S.C. Section 110 provides that the following is not a violation of copyright: "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 . . .."

This exemption allows instructors to perform or display copyrighted materials during face-to-face teaching activities.  For example, it is permissible to show a full-length motion picture in class as part of the classroom learning. Note, however, that this exemption does not permit copying or distributing a work -- only displaying or performing it during class time.  Also, as the title implies, this exemption applies only to in-person presentations.  It does not apply to distance learning or virtual classrooms.

The information presented here is intended for informational purposes and should not be construed as legal advice.  If you have specific legal questions pertaining to Indiana State University, please contact the Office of the General Counsel.