For Educators: Fair Use, TEACH & Licensing

Resources for negotiating Fair Use Exceptions and Copyright for Educators.

Read Title 17 US Code 107 - limitations on exclusive rights: Fair Use.

Provides a breakdown of the guidelines for educational uses.

Use the Fair Use Evaluator. Helps you better understand how to to determine the “fairness” of a use under the U.S. Copyright Code and provides a time-stamped PDF document for your records and access to additional educational materials.

Use the Educational Exceptions for Instructors eTool. For educational use of copyrighted material without permission, helps see if your use meets requirements of law and provides PDF of summary of use.

Consider the 4-Factors for determining Fair Use

1. the purpose and character of your use

2. the nature of the copyrighted work

3. the amount and substantiality of the portion taken, and

4. the effect of the use upon the potential market.

Use these guidelines for academic use of images.

From the Visual Resources Association (VRA) provides guidance for use of images.

Consult the 17 U.S. Code § 110 Limitations on exclusive rights: Exemption of certain performances and displays. For issues related to performance and display in nonprofit educational settings.

TEACH Act

Read over the TEACH Act - the Technology, Education and Copyright Harmonization Act. Provides important Fair Use and Copyright exceptions for educators.

So what if the four factor determination indicates it doesn't qualify for Fair Use? It could still be very affordable and available. Use the Copyright Clearance Center to get price quotes, referrals to rights owners, and for obtaining copyright permissions to use protected materials can be obtained.