The information included on this guide is intended for informational purposes only and is not and should not be taken as legal advice.
When assisting a faculty member find materials to use for in-person instruction, the two exceptions to copyright law you want to consider are Section 110 and Fair Use.
This exemption allows for the performance or display of a copyrighted work under these conditions:
This exemption is a faculty member's copyright superpower when teaching in-person. ALA's Educational Exemptions for Instructors in U.S. Copyright Law is a helpful tool for navigating Section 110.
Section 110(2), commonly known as the TEACH Act, considers online educators' rights.
Fair Use is always an exception to keep in mind when assisting faculty with instructional materials. You may encourage a faculty member to do a Fair Use analysis for materials used in face-to-face instruction if they need to do more than perform or display the work (allowed by Section 110). For a more robust understanding for Fair Use and how to apply the four factors, view the Home page of this guide.
Helping faculty locate course materials for in-person instruction may be covered by Section 110 and Fair Use, but it can be useful to think about these alternatives.
Works in the public domain have never been copyrighted or have had their copyright expire. There are no copyright constraints on using these works.
Materials with open licenses, such as Creative Commons licenses, can be used according to the terms of the license. These works could include images, videos, articles, textbooks, and more.
Check if SLCC's Annual Copyright License through the CCC already covers the desired use of the material a faculty wants to use. If not, and if no other copyright exceptions apply, the faculty member may be able to pay for a license through the CCC