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