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Intellectual Property

Educational Uses

Educational use in the context of copyright refers to the utilization of copyrighted materials by educational institutions, such as schools, colleges, universities, libraries, museums, and hospitals, for noncommercial teaching, studies, presentations, or research. While educational use is guided by fair use principles, it is not synonymous with fair use, and educators must carefully consider the extent and manner of their use.

In-Person Instruction

Educators can use copyrighted materials for their face-to-face (traditional) classes, provided they meet ALL of these requirements:

  • For education purposes related to the class, not for entertainment
  • Instruction takes place face-to-face
  • Instruction happens at nonprofit college or university, in a classroom or other place devoted to instruction
  • The copyrighted material has been legally obtained, as far as the instructor can tell
  • This applies both to students and instructors showing copyrighted materials in a classroom setting

Making Photocopies

Many factors need to be taken into consideration when determining whether or not making photocopies falls within educational use. Some things to keep in mind when making photocopies:

  • the number of copies you are making
  • how the photocopies will be used
  • the financial impact on the copyright holder
  • the amount of content being copied as it relates to the whole work
  • the reasonability of getting permission to use

Virtual Instruction

With the rise of virtual instruction and online classes, the instruction exception has grown complicated. The TEACH Act, enacted in 2002, addresses digital instruction, but it adds more restrictions and criteria that must be met before an instructor can use a copyrighted material for an online class. 

  • Institution is an accredited, non-profit college or university
  • Institution has a policy on use of copyrighted materials
  • Online course is part of the regular curriculum
  • Use of copyrighted materials is limited to enrolled students
  • The copyrighted materials are directly related to the educational content
  • Instructor must include a note that the materials are protected by copyright law
  • The materials will be available to students only for the time that is relevant for the class lesson
  • Display of copyrighted materials must be comparable to what would be presented in a face-to-face classroom
  • Must use technology that reasonably limits students from downloading and/or further distributing the copyrighted materials