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The Exceptions for Instructors eTool guides users through the educational exceptions in U.S. copyright law, helping to explain and clarify rights and responsibilities for the performance and display of copyrighted content in traditional, distance and blended educational models.

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The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. To find out if your intended use meets the requirements set out in the law, use this free, online tool. [disclaimer]

This tool can also help you collect information detailing your educational use and provide you with a summary in PDF format. [example]

This tool is valid for those uses that meet the requirements and which take place within the United States. In other countries, the copyright law of those countries is in effect. Because of international copyright agreements, copyrighted materials from other countries are afforded the same protections and are subject to the same exceptions as materials created here. As such, the national origin of a copyrighted work has no bearing on these educational exemptions as long as the course in which they are used takes place in the U.S.A.

THIS TOOL IS:
Intended as a source of information for educators & others to better understand the educational exemptions available in the U.S. Copyright Code.

THIS TOOL IS NOT:
A source of legal advice. Results are only as good as the input provided by the user and are intended to suggest next steps, and not to provide a final judgment. Neither the American Library Association, the ALA Office for Information Technology Policy nor Michael Brewer are engaged in providing legal, copyright or other professional advice.

A legal copy is one that was legally obtained (purchased from a reputable vendor, checked out from a library, etc.). A duplicate copy (made from a colleague's copy, downloaded off the internet, taped from television or radio, etc.) would generally not be a legal copy. If you are unsure of whether or not your copy is legal or was legally obtained, you should check with a librarian or a copyright specialist.

This exemption covers what is normally an exclusive right of the copyright holder - the right to display or perform a copyrighted work. Examples of this might be displaying copyrighted photographs, images or text in a PowerPoint presentation; screening an entire film or clips from it; playing or performing a musical, dramatic or choreographed work, etc.

Examples of "displaying" could include posting copyrighted photographs, images or a limited amount of text (e.g. text on a PowerPoint presentation) on a secure course webpage. Examples of "performing" could include providing access to streaming video or audio through a secure course management system. Note: Posting copyrighted articles, book chapters, or other lengthy excerpts of text in a CMS would not be covered by the TEACH Act [Section 110(2)], but would likely be covered by Fair Use [Section 107]. For more information, see the Fair Use Evaluator.

"Mediated" here means that the course has an instructor involved in directing it. However, [TEACH] "is not intended to require either constant, real-time supervision by the instructor or pre-approval by the instructor for the performance and display. Asynchronous learning, at the pace of the student, is a significant and beneficial characteristic of digital distance education and the concept of control and supervision is not intended to limit the qualification of such asynchronous activities for this exemption " (Senate Report (107th Congress 31).

The course may be entirely online, or may be a traditional course that has some instructional activities that take place virtually. While this is not specifically noted in the law one way or another, it is specifically mentioned in the Senate Report (107th Congress 31) in the purpose statement "For our nation to maintain its competitive edge, it will need to extend education beyond children and young adults to lifelong learning for working adults, and to reach all students of all income levels, in cities and rural settings, in schools and on campuses, in the workplace, at home and at times selected by students to meet their needs. Distance digital education helps make this possible, whether in the traditional sense, when instructor and student are separated in place and perhaps in time, or in new hybrids of traditional classroom education combined with online components."

The display or performance of the work may take place virtually at the same time for all students and the instructor (synchronous), or may take place at different times (asynchronous). While this is not specifically noted in the law one way or another, it is specifically mentioned in the Senate Report (107th Congress 31) in the purpose statement "For our nation to maintain its competitive edge, it will need to extend education beyond children and young adults to lifelong learning for working adults, and to reach all students of all income levels, in cities and rural settings, in schools and on campuses, in the workplace, at home and at times selected by students to meet their needs. Distance digital education helps make this possible, whether in the traditional sense, when instructor and student are separated in place and perhaps in time, or in new hybrids of traditional classroom education combined with online components."

Access to the online display or performance of any materials under this section must end when the course ends.

An example might be online materials (podcasts, assignments, video clips) produced specifically for courses designed for professionals (medical professionals, lawyers, etc.) who are required to complete a certain amount of continuous learning or professional development to remain certified.

For example, the instructor could direct a teaching assistant (e.g. as part of an online discussion) or student (e.g. as part of an assignment) to post content that would be covered by this exception. An example that would not be covered might be students using the course management system to share music files, photographs, or other copyrighted material that were not directly related to course assignments.

For example, does it directly support an identified learning outcome or is it required for the completion of an assignment or other activity on the course syllabus?

Examples of this might include displaying copyrighted photographs, images or a limited amount text (e.g. text on a PowerPoint presentation) on a secure course webpage or course management system.

For example, posting entire articles, book chapters, or lengthy excerpts of text on a secure course webpage or CMS would not be allowed under this exception, since that would not be something typically displayed (shown on a screen) in the course of a live classroom session. However, posting individual articles or book chapters would likely be covered by Fair Use [Section 107]. For more information, see the Fair Use Evaluator.

Neither "dramatic" nor "nondramatic" are defined in the law. Generally, in dramatic literary works the narrative is told through dialogue and action (i.e. theatrical performances]. Thus, the performance of a nondramatic literary work would include things like recorded recitations from novels, textbooks, poetry, etc.

The Senate Report states that "what constitutes a 'reasonable and limited' portion should take into account both the nature of the market for that type of work and the pedagogical purposes of the performance." As such, the amount used should not exceed that which is required to provide for the educational objectives set forth by the instructor. It should also not exceed what would normally be performed during an in-class session.

"Other works" would include any audiovisual works (film, video, etc.), or performances of dramatic literary or musical works (plays, operas, etc.). Only "reasonable and limited portions" of these categories of works are allowed under this exemption.

An example of this would be CSS [Content Scramble System] anti-piracy protections (like Macrovision, etc.) It is illegal to circumvent such systems, except for under very limited circumstances laid out by the Librarian of Congress in 2000, and reviewed every 3 years. None of the current rules (as of early 2009) are applicable under TEACH. See: http://www.copyright.gov/1201/

An example of this would be ensuring that video or audio clips cannot be retained or disseminated (by using video/audio streaming or other technologies).

It is illegal to circumvent anti-piracy controls, even if your use would otherwise meet all the requirements of this exception. An example might be circumventing CSS [content scramble system] anti-piracy protections on a DVD in order to make video clips to stream to your class. In such cases, however, if an analog version (e.g. VHS) of the given title is available, that copy may be digitized and used under TEACH.

This tool can collect, reformat and publish in PDF format the information you choose to provide it. You may choose to save the PDF file to your computer, print it out for your records, or just view it on your screen. None of the information you provide is retained on the server after you exit this site.

You may provide as much or as little information as you like.

Examples might be 1) the name and number of course, 2) the amount to be used (20 second clip, 2 8 minute clips, entire work, etc.), 3) the expected learning outcomes or assignment[s] associated with the display or performance of the copyrighted material, etc.

Checking "Yes" will include on the PDF all of the explanatory notes and descriptions provide by this tool for the completed sections you've completed.

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Educational Exemptions in the U.S. Copyright Code

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The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. To find out if your intended use meets the requirements set out in the law, use this free, online tool.

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Is it protected by Copyright?

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This tool is designed to provide accurate and authoritative information with regard to the subject covered. This information is given with the understanding that neither the American Library Association, the ALA Office for Information Technology Policy nor Michael Brewer are engaged in rendering legal, copyright or other professional advice.

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Copyright and Fair Use Guidelines for Teachers

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Copyright and Fair Use Guidelines for Teachers

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From The Librarian’s Guide to Intellectual Property in the Digital Age: Copyrights, Patents, and Trademarks by Timothy Lee Wherry. Copyright 2002 by the American Library Association.

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Share your work on a Creative Commons platform

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Share your work on a Creative Commons platform

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Through Creative Commons, artists and authors can distribute their creations while maintaining control over certain usage permissions.

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Use Creative Commons tools to help share your work. Our free, easy-to-use copyright licenses provide a simple, standardized way to give your permission to share and use your creative work - on conditions of your choice. You can adopt one of our licenses by sharing on a platform, sharing your work with an open license, or dedicating your work to the public domain.

Choose a license

Our chooser helps you determine which Creative Commons License is right for you in a few easy steps. If you are new to Creative Commons, you may also want to read licensing considerations before you get started with the chooser >

Share your work on a CC platform
Over 2.5 billion CC-licensed works exist across millions of websites. The majority are hosted on content platforms that provide CC license options for their users.

CC platforms make it easy for users to discover and collaborate on images, video, music, research and educational texts. This page highlights some of the best known platforms for sharing CC content. Content on these platforms is searchable and shareable across the web thanks to CC licenses. Learn more about enabling CC on platforms >

What our licenses do

Our licenses enable collaboration, growth, and generosity in a variety of media.

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Use Creative Commons tools to help share your work. Our free, easy-to-use copyright licenses provide a simple, standardized way to give your permission to share and use your creative work - on conditions of your choice. You can adopt one of our licenses by sharing on a platform, sharing your work with an open license,...

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Transformative works are creative productions that derive from and modify existing works, resulting in a new, distinct piece; examples include fan fiction, parodies, remixes, and adaptations.

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Every month or so the OTW will be doing a Q&A with one of its volunteers about their experiences in the organization. The posts express each volunteer's personal views and do not necessarily reflect the views of the OTW or constitute OTW policy. Today's post is with Jenny McDevitt, who volunteers as a co-chair and communications specialist in our Elections Committee. How does what you do as a volunteer fit into what the OTW does?
I'm a Co-Chair and Communications Specialist for the Elections Committee. We run the annual elections where OTW members elect who sits on the OTW's Board of Directors. We work hard to ensure all the seats on the Board are full, preferably by holding contested elections so that our Board is made up of members who represent the interests of OTW members. The process involves recruiting candidates, ensuring both OTW staff and OTW members know the details of the election process, running election events like Q&A and chats, and setting up the election software itself.

As a Communications Specialist, I write templates for internal and external newsposts and coordinate with the Translation and Communications committees to post election news every year. As a Co-Chair, I support the rest of the committee in their work, do administrative paperwork, and help recruit new Elections Committee members (my favourite part of the year!)

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Every month or so the OTW will be doing a Q&A with one of its volunteers about their experiences in the organization. The posts express each volunteer's personal views and do not necessarily reflect the views of the OTW or constitute OTW policy.

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Examples of Transformative Works in Education - Best Practices in Fair Use

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Examples of Transformative Works in Education - Best Practices in Fair Use

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1. Retelling a classical story from a new perspective.

2. Creating humorous versions of historical events or literary works to analyze themes.

3. Editing videos, music, or images to comment on social issues or explore artistic expression.

4. Adding commentary, footnotes, or explanations to existing texts to deepen understanding.

5. Rewriting or adapting a historical speech to fit a contemporary context for discussion.

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Charts and Tools

University of California. Samuelson Law, Technology and Policy Clinic. Flow chart and Handbook:
Is it in the Public Domain?

Renewal Search

Stanford's Copyright Renewal Database Check to see if select works (publ. 1923-1963) were renewed.

International Calculators - Flowcharts used by public domain calculators in different jurisdictions (Open Knowledge Foundation)

TEACH Toolkit: An Online Resource for Understanding Copyright and Distance Education by Peggy E. Hoon, North Carolina State University

TEACH Act Flow Chart by Scholarly Communications @ Duke, Duke University Libraries

Copyright Navigator A Digital Annotated Concept Map of the Fundamentals of U.S. Copyright Law by Lionel S. Sobel, Professor, Southwestern University School of Law
Editor, Entertainment Law Reporter

Columbia University Fundamentals of Copyright A series of podcasts of Kenneth Crews discussing copyright law. Each podcast is typically about 15 minutes in length, and the series is especially suited for giving members of the academic community a guide to the fundamentals of copyright for teaching, research, and other pursuits. These podcasts were prepared with the assistance of Neil Wehneman, creator of www.lifeofalawstudent.com.

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Charts and Tools University of California. Samuelson Law, Technology and Policy Clinic. Flow chart and Handbook: Is it in the Public Domain? Renewal Search Stanford's Copyright Renewal Database Check to see if select works (publ. 1923-1963) were renewed.

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Content Authored by Students and Teachers

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Content Authored by Students and Teachers

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1. By using a Creative Commons (CC) license, students can share their projects, presentations, and research, enabling others to learn from and expand upon their findings.

2. Teachers can create and distribute instructional videos via YouTube under a Creative Commons (CC) license, promoting open access and adaptation for other educators.

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A nonprofit building a vibrant, collaborative global commons through CC licenses, programs, and a growing network. Image: Lukas Schlagenhauf (CC BY-ND 2.0)

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Public Domain (Creative Commons)  Music Site 

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Public Domain (Creative Commons)  Music Site 

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Sites like the one here are available for students to use in projects that their teachers may assign them.

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Public Domain (Creative Commons) Images 

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Public Domain (Creative Commons) Images 

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Another public domain site for students to use on their projects, this time for images.

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Choose from a curated selection of photos shared on Unsplash with a similar license to the Public Domain. Every image can be used for free for both commercial and personal uses thanks to the Unsplash community's photographers.

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Public Domain Pictures | Download Free Images on Unsplash

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Choose from hundreds of free pictures with a similar license to public domain pictures. Download HD photos for free on Unsplash under the Unsplash License.