What are Classroom Exemptions?

Teachers may display or perform any lawfully obtained material within a classroom designed for face-to-face education without needing to obtain permission. This does not mean teachers can reproduce or distribute materials. The TEACH Act specifically extends these exemptions for on-line and distance education with a few limitations.

How the TEACH Act Provides Guidelines For Online Education

The 2002 Technology, Education and Copyright Harmonization Act or TEACH Act amends the copyright act of 1976 by clarifying the terms and conditions in which educational institutions can use copyrighted materials in an online educational format, including distance education, without permission from the owner. TEACH only applies to materials that would ordinarily be displayed in a live classroom, not in library reserves. The following are four principles you can use in your course to be safe. However, be sure you satisfy all TEACH requirements by referencing our TEACH Act checklist.

Four Steps to Best Practice

1. Link Up!
   When possible link directly to the source, but don’t store the source yourself. Linking is the most effective protection against liability.
    
2. Use Only Necessary Materials and Only Limited Parts of Those Materials.
   • Don’t put it up if you don’t cover it in class.
     • On-line access is not a reserve desk of the library for material that is “recommended” or “further” reading.
   • Use only what would be displayed in a live classroom course session, no more.
     • You may not use a performance of dramatic literary or musical works without permission. This includes narrative movies and operas.
        
3. Limit Access.
   • Accessible only to enrolled students
   • Only for the necessary amount of time
   • Should be displayed as it would be for a live class session.
   • Repeated access only if it is necessary to meet teaching objectives.
      
4. Inform Students Of Copyright Laws And Policies.
   • The materials on this course Web site are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.

If you meet the qualifications for exemption under the TEACH Act, you do not need to worry about fair use requirements. However, if you do not meet TEACH Act requirements, you still may be able to use the materials without permission if you meet all four fair use factors.

Acknowledgment: Portions of this page were taken from the University of Texas' copyright permission site.

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