Copyright Resources

In the Face-to-Face Classroom: The Classroom Use Exception

When the Classroom Use Exception applies to your situation, as it does in only limited cases, it is delightfully clear regarding the rights it gives you.  

To qualify, you must be teaching face-to-face in a classroom setting at a non-profit educational institution.  In such a setting, the exception gives you the right to perform or display any copyrighted works at any length.  Examples of the kinds of activities this would permit:

  • Displaying images on a screen
  • Passing a book around
  • Singing a song the students know
  • Playing a song
  • Showing a movie

Remember that this exception does not permit copying or distribution.  Remember that copyright is actually a "bundle" of rights.  This exception gives you the right to use just two of the rights in that bundle: performance and display.  This means that the classroom exception does not give you the right to make copies and hand them out or, indeed, to make a copy of an image in order to display it.

It is also very important to remember that this exception only applies to teaching that happens in person in a classroom setting.  It does not apply to course websites, synchronous or asynchronous online instruction, or any other mode of instruction where all of the participants are not joined together in person in a classroom (or classroom-like) setting.

What can I do with ...

TYPE FACE TO FACE ONLINE/REMOTE
Article

If the Library has an electronic version of the article, use a permanent link to the article (eg. in your course shell and/or your syllabus). Ask a librarian if you need help locating an article or linking to it.

If the article is available legally on the web, link to the article.

If not, you will need to conduct a fair use analysis before scanning or copying the article for your class.

If the Library has an electronic version of the article, use a permanent link to the article (eg. in your course shell and/or your syllabus). Ask a librarian if you need help locating an article or linking to it.

If the article is available legally on the web, link to the article.

If not, you will need to conduct a fair use analysis before scanning or copying the article for your class.
Chapter from a book

Place print copy of a book on reserve at the library.

If the Library has the ebook, put a permanent link to the ebook in your readings list.

If not, you will need to conduct a fair use analysis before scanning or copying the chapter for your class.

If the Library has the ebook, put a permanent link to the ebook in your course D2L shell.

If not, you will need to conduct a fair use analysis before scanning or copying the chapter for your class.
YouTube Linking to a YouTube video is permitted.  If embedding code is provided, it is fine to embed. Be sure to attribute the creator. Avoid any video that you suspect is not a legal copy, not least because it could be taken down by YouTube at any time. Linking to a YouTube video is permitted.  If embedding code is provided, it is fine to embed. Be sure to attribute the creator. Avoid any video that you suspect is not a legal copy, not least because it could be taken down by YouTube at any time.
DVD

The Classroom exception permits you to show DVDs without limitation, provided that the DVD is legally made and acquired.

Streaming a DVD in an online class will need to be permitted by the TEACH Act or be a fair use.  The TEACH Act specifically forbids copying an entire DVD.  Fair use could conceivably permit it but a very rigorous analysis and justification would need to be provided.

Portions necessary to serve your pedagogical purpose may be streamed to students. You will need to think through your purposes for including the content from the DVD and limit your use to only the necessary portions.  

To request that a DVD be converted to streaming for these purposes, please complete the Media Conversion Request form. DVDs can also be converted and captioned to accommodate a disability.

PCC Library-licensed streaming content

 Yes!  PCC has licensed content you can embed in your classes. Films on Demand and Kanopy are our two streaming film collections. Yes!  PCC has licensed content you can embed in your classes. Films on Demand  and Kanopy  are our two streaming film collections.
Streaming from Netflix, Amazon Prime, Hulu, etc. No.  Generally subscription streaming services' Terms of Use specify personal use only. Students must use their own personal subscriptions to these services. 
Images

Showing legally acquired images in the classroom is permitted.  If you post a slide deck to D2L, consider removing any copyrighted material unless you have done a fair use analysis and determined that it is likely to be fair.

Consider using the Library's licensed content or Creative Commons licensed content from the web.  

Creative Commons licensed, public domain, or library-licensed material can be used.  

Otherwise, you will need to conduct a fair use analysis.
 
Figures, charts, graphs Permissible to use, with attribution.   Permissible to use, with attribution.  If the chart or graph is creative in it's display of information (as opposed to something that anyone could reproduce exactly given the same data), conduct a fair use analysis.
Music from a CD Okay to use. See "DVD" above.  
Live music performance Yes, permitted by the classroom exemption. N/A
Sending content via email
  • It is better to send a link than to send an attachment. 
  • A fair use argument will be stronger for posting online on D2L than emailing.
  • It is better to send a link than to send an attachment. 
  • A fair use argument will be stronger for posting online on D2L than emailing.
Student work Get permission from the student in writing and keep that documentation.  Both copyright and FERPA apply. Get permission from the student in writing and keep that documentation.  Both copyright and FERPA apply.

Using Copyrighted Materials

When trying to determine if you can use given material, try to think systematically about your use, the copyright status of the material you want to use, and the exceptions to the copyright law that might apply to your situation.

Chart tracking the questions "can I use this image/article/quotation/clip?"

Start any analysis with two very basic questions:

  1. Does my use exercise one of the exclusive rights of copyright?  If not, copyright doesn't come into. For example, if you are simply linking to legal material available freely on the web or in a licensed library database.
  2. Is the material I want to use covered by copyright?  Most material is but if the material is in the public domain, belongs in a category unprotected by copyright as described above, or was produced by the Federal government, you are probably clear to use it. 

Once you have determined that copyright will come into play, figure out if your use is permitted by an existing exception (like fair use, the Classroom Use Exception, or the TEACH Act). If so, you can use it legally. When thinking about these exceptions it can be useful to keep in mind that in the face-to-face classroom the two exceptions that are likely to apply are the Classroom Use Exception and fair use.  In the online classroom, most often you will be looking to fair use, though in some cases the TEACH Act will apply. 

If you have determined that your use would exercise one of the exclusive rights of copyright, the work is copyrightable and still under copyright and no exception applies to your use, at that point you will need to seek permission.

Remember, we are happy to talk with you and help you think this through!  Be in touch!