Copyright for Teaching

Copyright for Teaching @ ODU

Because of the proliferation of digital resources, copyright law continues to change. Even copyright experts have varying interpretations. This guide focuses on copyright issues for teaching materials -- text, images, music, video, etc. -- inside the classroom and online. Fortunately, there are exceptions to copyright for education and teaching.

DISCLAIMER: Information in this guide is intended to guide faculty in making efforts to uphold copyright laws. Specific legal questions should be directed to University Counsel.

Image: Public Domain Files 

1. Is it copyright-protected?
2. Is it in the public domain?
3. Is it open-licensed?
4. Is it fair use?
5. Does it comply with the TEACH Act?
6. Does the library own or subscribe to it?

Check the Definitions tab to find out what these questions mean, or use the "Can I Use This for My Online Class?" for a brief definition.

Watch this 5-minute video from the U.S. Copyright Office (Learning Engine Series) created in 2019.

"Are you an educator or student that wonders what materials you can use for your lessons or classwork? In this video on copyright and educational uses, we explain the exceptions and limitations under copyright law for using other people’s works for educational purposes. You will also learn the difference between copyright infringement and plagiarism."

There are differences in copyright compliance between face-to-face instruction vs online instruction.

Section 110(1) of copyright law covers face-to-face classroom instruction and provides the following:

• performance or display of protected material 
• must be at a non-profit educational institution
• does not allow copying, unless by fair use
• a legally obtained copy (or library copy) must be obtained for performance and display within the classroom (ie, not a "bootleg" copy)

Section 110(2), also known as the TEACH ACT, was introduced to cover distance education and provides:

• digital copies in course management systems under specific conditions
• text and images may be transmitted (displayed) in amounts comparable to in-class teaching
• music and video may be used in portions; entire songs may be used if “non-dramatic”
• access must be restricted to students registered in the course, and notice that the material is protected must be given
• technological measures are required to prevent the material from being retained after the course is over or copied to others (e.g., use streaming music and video instead of broadcasting)

For more information about the TEACH Act, see the University of Georgia System's Copyright Policy.