Fair Use (17 U.S.C. § 107) allows limited use of copyrighted material without permission from the copyright holder. Under fair use, the certain uses permitted include, but are not limited to, criticism, commentary, news reporting, teaching, scholarship or research. All educational uses, however, are not considered fair use. In determining whether the use made of a work in any particular case is a fair use, four factors need to be considered:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
While many uses for educational purposes are fair, not all are. You need to evaluate your use each time you are reproducing copyrighted material.
Copyright.gov: More Information on Fair Use
Face-to-Face Teaching Exemption:
- Copyright law provides an exemption for instructors to perform or display copyrighted materials during face-to-face teaching activities.
- It is permissible to show a full-length motion picture in an in-person class as part of classroom learning (not for entertainment purposes)
- This exemption does not apply to interactions that are not in-person, including distance learning interactions.
Copyrighted movies may ONLY be shown without permission in a college or university setting if these criteria are met:
- A teacher or instructor is present, engaged in face-to-face teaching activities.
- The institution must be an accredited, nonprofit educational institution.
- The showing takes place in a classroom setting with only enrolled students attending.
- The film is used as an essential part of the core, required curriculum being taught, not as entertainment.
- The recording being used is a legitimate copy, not taped from a legitimate copy or taped from TV.