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Copyright Exemptions

How to appropriately and lawfully use existing copyrighted materials in classroom and on-line teaching, research, and other activities without needing permission.

Public Domain | Fair Use | Classroom Use

Public Domain

When a work is in the public domain, it is available to anyone for any use. An author can choose to put a work in the public domain by labeling it "public domain." Also, all copyrighted works enter the public domain after a period of time. When this happens, copyright no longer applies, and permission is not needed to use these works.

Individual copyrights now last for the life of the author plus 70 years. Copyrights owned by corporations last for 95 years before entering the public domain. Works published before 1978 have copyright protection for a maximum term of 95 years. However, just because the author or artist passed away many years ago doesn't automatically mean that his or her work is in the public domain. A publisher, gallery, or the artist's estate may still own it. Also remember that a work is copyrighted even if it doesn't have a formal copyright mark, this includes most things on the web.

Fair Use

What Is a Fair Use Exemption?

The concept of "fair use" derives from Section 107 of the Copyright Act of 1976, and provides some exemptions for the reproduction and distribution of copyrighted materials for purposes that might include teaching, research, news reporting, criticism, comment, and scholarship. Some, but not all, academic uses of copyrighted materials might be considered fair use. Also, note our fair use balancing checklist.

Measuring Fair Use

In determining whether the use of a copyrighted work in any particular situation is fair use, Section 107 requires the consideration of the following four factors, all of which must be reasonably weighed and balanced:

  1. Purpose and character of the use
    • Is the use for nonprofit educational purposes or for commercial purposes?
    • A particular use is more likely to be considered fair use if it is for nonprofit educational use.
  2. Nature of the copyrighted work
    • Is the material factual or imaginative?
    • A particular use is more likely to be considered fair use if the material is primarily factual.
  3. Amount and substantiality of the portion used
    • Is a small amount being used to illustrate a point, or is the entire work being used?
    • A particular use is more likely to be considered fair use if it is a small portion of the overall piece.
  4. Effect of the use upon the potential market for or value of the copyrighted work
    • Does using the material compete with potential profits that the owner could be entitled to?
    • An instance is more likely to be considered fair use if it is has no impact on potential profits of the copyright owner. (This is often the most difficult factor to overcome.)
    • Repeated use tends to affect market value

Classroom Use

What are Classroom Exemptions?

Teachers may display or perform any lawfully obtained material within a classroom designed for face-to-face education without needing to obtain permission. This does not mean teachers can reproduce or distribute materials. The TEACH Act specifically extends these exemptions for on-line and distance education with a few limitations.

How the TEACH Act Provides Guidelines For Online Education

he 2002 Technology, Education and Copyright Harmonization Act or TEACH Act amends the copyright act of 1976 by clarifying the terms and conditions in which educational institutions can use copyrighted materials in an online educational format, including distance education, without permission from the owner. TEACH only applies to materials that would ordinarily be displayed in a live classroom, not in library reserves. The following are four principles you can use in your course to be safe. However, be sure you satisfy all TEACH requirements by referencing our TEACH Act checklist.

Four Steps to Best Practice

  1. Link Up!
    When possible link directly to the source, but don't store the source yourself. Linking is the most effective protection against liability.
  2. Use Only Necessary Materials and Only Limited Parts of Those Materials.
    • Don't put it up if you don't cover it in class.
    • Use only what would be displayed in a live classroom course session, no more.
  3. Limit Access.
    • Accessible only to enrolled students.
    • Only for the necessary amount of time.
    • Should be displayed as it would be for a live class session.
    • Repeated access only if it is necessary to meet teaching objectives.
  4. Inform Students of Copyright Laws and Policies.
    • The materials on this course website are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.

If you meet the qualifications for exemption under the TEACH Act, you do not need to worry about fair use requirements. However, if you do not meet TEACH Act requirements, you still may be able to use the materials without permission if you meet all four fair use factors.

Acknowledgment: Portions of this page were taken from the University of Texas' copyright permission site.