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Copyright & Fair Use

Section 110: In-Person instruction

Notwithstanding the provisions of Section 106, the following are not infringements 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 the 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 about distance education and D2L? Find information about this on the TEACH Act & Fair Use tab.

Physical Classroom

When you are teaching in a 'physical' classroom:

  • You can use whatever you want
  • However you want
  • If you are using audiovisual material, it must be a lawfully acquired copy.

(this image was accessed through Google's 'available for reuse' search tool)

Lawfully Acquired

Lawfully Acquired means:

  • A copy the instructor purchased
  • A copy owned by the library or borrowed through a legitimate library lending service such as Interlibrary Loan
  • A copy the instructor has borrowed from a colleague
  • A copy the instructor has acquired lawfully for their own personal research (conference material, etc.)
  • Look at the fine print or user agreement though!
    • You may not be able to use Netflix or Hulu in the classroom per their user agreements.

(this image was accessed through Google's 'available for reuse' search tool)