Instructors and students of U.S. accredited nonprofit educational institutions may—in compliance with certain stipulations—use, display and/or perform in a classroom environment any copyright-protected material or work without seeking the copyright holder permission normally required under U.S. copyright law—Title 17 of the United States Code.
This section of the TILT Copyright Essentials guide explains these stipulations and provides a general description of the most common types of materials covered by the classroom teaching exemption under Section 110(1). Please click on the following links to learn more about what is permitted:
The stipulations governing the display and performance of copyright-protected material in the classroom are few, but important.
As with Distance Learning, it is the individual responsibility of every instructor at Colorado State University—in compliance with federal law—to make good faith determinations regarding copyright-protected materials used in class and be able to argue credibly in support of those determinations.
Displays and performances falling outside the qualifying stipulations may very well fall within the Fair Use guidelines; however, each should be carefully scrutinized for compliance with Section 107 before proceeding. For assistance please consult our Four-Point Fair Use Chart.
Under the classroom teaching exemption, all types of the following copyright-protected materials may be displayed and/or performed in the normal classroom environment. The stipulation being that the intent is for educational—not entertainment—purposes.
Book chapters as well as newspaper, magazine and academic journal articles may, in most every instance be copied and handed out in class, the exception being consumables. In other words, such thins as copies of whole textbooks (handed out chapter-by-chapter in successive classroom sessions), standardized workbooks and/or test materials, etc., intended for commercial distribution and individual purchase, may not—under any circumstances—be copied and given to students as a hand-out.
Audio recordings of musical performances may be played in class in most every instance. An exception, for instance, would be playing background music in a classroom—i.e. elevator music. Such use does not have a teaching and/or learning component and would infringe upon the rights of the copyright holder.
Visual images—or stills—as they are commonly referred to, including photos, graphs, charts, diagrams, maps, slideshows, PowerPoints, etc. may be shown in the classroom in most every instance.
Segments of TV shows, documentary films and movies, etc.—illustrative of or related to course content—are allowed in most every instance.