Limitations on Exclusive Rights
The practice of "fair use" has been codified in section 107 of the U.S. Copyright Act. It states:
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (17 U.S.C. ¤ 107)
On November 2, 2002, the "Technology, Education and Copyright Harmonization Act" (the TEACH Act), was signed into law. This legislation attempts to address the special needs of online distance education in regards to copyright requirements. At the same time, the TEACH Act is not a carte blanche for allowing any amount of content to be made accessible to distance education students.
In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:
(From Copyright Clearance Center, Copyright Basics: The TEACH Act)
For more information on Fair Use, its application to teaching, and best practices, see the following: