This guide has been retired and replaced.
Please visit the updated Copyright Guide at https://libguides.unco.edu/copyright
The purpose of these guidelines is to help educators interpret the fair use provisions relating to classroom copying for educational use. These guidelines are not part of the copyright legislation nor are they legally binding. As part of the legislative history of the 1976 Copyright Act, however, they may be helpful in determining Congress's intent in interpreting fair use.
Several facts to keep in mind:
See this Classroom Guidelines Chart for guidance regarding use of various materials.
The guidelines do not cover academic coursepacks. To use copyrighted material in academic coursepacks, permission must be obtained from the copyright holder or a licensing agent.
In general, classroom handouts fall into two categories – spontaneous and planned.
Spontaneous
These handouts are produced spur-of-the-moment for one-time use. Consider, for example, an instructor who photocopies an article from the morning paper for use in that day's class discussion. This type of handout is likely to be covered under fair use and would not require copyright permission for two reasons: 1) the unplanned nature of the use and 2) the work is so new that the instructor could not reasonably be expected to obtain permission in a timely manner.
Planned
This category includes handouts that are either used repeatedly or involves works that have existed long enough for one to obtain copyright permission in advance. For example, if the instructor in the above example were to copy and reuse the same article in future semesters—or if he or she were to copy an article from a back issue of a newspaper or magazine—fair use would probably not apply and permissions would be required.
A coursepack is a collection of materials used in the classroom, distributed either in book format or as class handouts. Coursepacks may also be electronic for use in distance learning and course management systems. It is the instructor’s obligation to obtain clearance for materials used in coursepacks, although the task is usually delegated to the university bookstore. Publishers will usually grant clearances for coursepack materials that last for one semester. Clearance must be sought for every semester the materials are used.
For more information see: Stanford University Libraries: Copyright and Fair Use. Chapter 7: Academic and Educational Permissions.
Readings for a class can be placed on reserve in either print or electronic form. The amount of material copied from original works to be used on electronic course reserve must support course related teaching, scholarship or research. Copyright compliance guidelines for reserve materials are based on Title 17, U.S. Code, sec. 107 of United States Copyright Law.
In general the following may be placed on course reserve:
The following are examples of materials that could possibly infringe copyright and would not normally be permitted for course reserve:
See the Michener Library webpage, Reserve Services for Faculty , which includes procedural information for placing material on reserve at the Library. Also, Michener Library Reserve Fair Use Information has a brief introduction to "Fair Use" guidelines followed by the University Libraries when posting reserve materials.
The Music Library Association's statement on the "Digital Transmission of Electronic Reserves" provides guidelines and justification for treatment of library digital reserves as an extension of classroom use.
See also the TEACH Act page.
The primary copyright concern for faculty using course management software (like Blackboard) is the inclusion of reading material for the course. Digitizing articles, book chapters, or other copyrighted works and placing them on course management systems may be a copyright infringement. Uploading material that already exists in digital format, such as articles from a library article database for which the university has a license, is also a copyright infringement. Linking to the content may be a better option. Reproducing small portions of sound recordings, motion pictures, and other non-text works may be fair use, but reproducing the entire work without permission of the copyright holder is not.
For more information:
Copyright Clearance Center. Using Course Management Systems: Guidelines and Best Practices for Copyright Compliance - http://www.copyright.com/media/pdfs/Using-Course-Management-Systems.pdf.
Using or Publishing Student Work
Students hold copyright to their own work as the author. This includes works created as an assignment for a course. Instructors who wish to use or publish student work, upload it to a website or share it for a class, must get permission from their students. Here is a sample permission letter that instructors may use to obtain permission to use students' work.
Permissible uses of video recordings in a face-to-face classroom setting
It is common to show video recordings in a face-to-face class for instructional or educational purposes. Here are four examples when it is okay to show or display a video recording in a classroom setting:
Chapter 1, Section 110(1) of U.S. copyright law provides an exemption for certain educational uses of video recordings.
Off- air video and audio recordings
Off-air television or radio programs can be viewed no more than 45 calendar days after the recording date. Videotape recordings may be shown to students only within the first 10 school days of the 45-day retention period. One must either license or erase all recordings of this program upon the conclusion of the retention period.
Reproducing videotapes
Reproduction of copyrighted videotapes can take place only when the video tape is lost, stolen, or damaged and cannot be repurchased. Please read the Chapter 1, Section 108 limitations on exclusive rights: reproduction by libraries and archives to learn more.
There is a common misconception, especially among students, that you can use, listen, or download anything from the internet. However, most of the internet contents are protected by copyright law. You need to obtain permission and acknowledge the source. It is important to note that the same laws and penalties apply to illegal copying from the internet.
Misunderstanding regarding the copyright restrictions of music downloading and sharing is a huge problem in today's digital world. World Law Direct offers tips on the legality of music file-sharing, downloading and copying.
Please visit the Copyright for Music Librarians page to learn about copyright information for use of music. These guidelines are sponsored by the Legislation Committee of the Music Library Association. You can find more information on the Music page.
Information on course reserves adapted with permission from the University of Connecticut Libraries’ Copyright web site http://www.lib.uconn.edu/copyright/; information on classroom handouts excerpted from “The Campus Guide to Copyright Compliance” at the Copyright Clearance Center.
