Know Your Copy Rights
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Know Your Copy RightsThis easy-to-read chart from the Association of Research Libraries applies in most academic teaching situations.
Using Copyrighted Works in Your Classroom
If you are unsure about what can be used in the classroom, here are four steps you can take to determine whether you are using copyrighted works appropriately.
1) Start by asking: Is what you are using protected under copyright law or in the public domain? Check this chart from Cornell University Library:
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Copyright Term and the Public Domain in the United StatesThis chart was first published in Peter B. Hirtle, "Recent Changes To The Copyright Law: Copyright Term Extension," Archival Outlook, January/February 1999. This version is current as of 1 January 2025. The most recent version is found at the Cornell University Library's Copyright Services page "Copyright Term and the Public Domain in the United States." For some explanation on how to use the chart and complications hidden in it, see Peter B. Hirtle, "When is 1923 Going to Arrive and Other Complications of the U.S. Public Domain," Searcher (Sept 2012).
2) If the resource is under copyright law, check to see how it is licensed. When something is licensed, we are contracted to use (not own) it, whether through Creative Commons or through the library.
If you got the resource through the library, check with a librarian to make sure you understand the licensing terms.
3) If there are no licensing terms but it is under copyright protection, check to see if your use of the work falls under fair use. Use this helpful checklist to guide you and help formulate your fair use case:
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Fair Use ChecklistFair use checklists exist in several variations used by libraries. This version was created by the Copyright Advisory Office at Columbia University.
4) If you don't think your use is fair, then you might need to ask permission. But please note that linking is legal in the United States, and you don't need to ask permission!
Finally...
Don't panic! You should know that copyright law supports education, and the library is here to support you. In fact, legislation exists that educators depend on to do things like show videos in a class, hand out copies of articles to students, and use screenshots of websites to teach a point.
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17 USC 107This is the part of copyright law that details how "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by 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."
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17 USC 110(1)This is the part of copyright law that details how "performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction" is not infringement.
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Subtitle C of Title III of H.R. 2215This resource details the legislative history and FAQs for the "Technology, Education and Copyright Harmonization Act" (the TEACH Act). It "redefined the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. may use copyright protected materials in distance education-including on websites and by other digital means--without permission from the copyright owner and without payment of royalties."
Additional Resources
Copyright Tools
These are tools created to help you determine whether you can use a copyrighted work. Please note that they do not provide legal advice, simply education and guidance.
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Know Your Copy RightsThis easy-to-read chart from the Association of Research Libraries applies in most academic teaching situations.
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Copyright Genie(Link update coming soon.) Helps you find out if a work is covered by U.S. copyright, and calculates its terms of protection. It also generates a PDF.
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Exemptions for Instructors(Link update coming soon.) Takes you through a yes/no decision tree of copyright law to determine if your use in the classroom is fair.
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Fair Use Evaluator(Link update coming soon.) Generates a time-stamped PDF document which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it.
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Netflix Educational Screenings of DocumentariesSome Netflix original educational documentaries are available for one-time educational screenings. See this page from Netflix for further information.
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Using Learning Management SystemsWhite paper from the Copyright Clearance Center covers guidelines and best practices for copyright compliance in regards to LMS.
