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Copyright/Fair Use Online: TEACH Act

Even if for Education - It's not Fair Use

  1.  Digital protections or technological restrictions placed on the material by the copyright owner determines if you need permission.
  2.  Most publishers/authors/copyright holders have expanded their licenses to include: "the scanning, uploading, and electronic sharing of any part of this XXX without the permission of the publisher is unlawful piracy and theft  of the author's intellectual property.  If you would like to use material  .... prior written permission mut be obtained from the publisher or copyright owner."
  3. Fair Use allows you to only use a portion of any work if the digital protections are clear.

Online vs. Face-to-Face

Online and face to face classrooms are treated differently by copyright law.  However, for both types of classroom setting you can:

  • use the work in accordance with an existing license.  This also means if the existing copyright does not allow it, you may not use it. The library negotiates licenses to online content that allow for classroom and reserves use.  Any material located in the library's eCollection may be used in your class.
  • use material shared with an open use or creative commons license. 
  • share a link of the material.
  • request permissions from the copyright owner.

No matter, what these things shouldn't be used:

What the TEACH Act does not allow:

• Commercial document delivery

• Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity

• Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.

It is also important to note that the TEACH Act does not supersede fair use or existing digital license agreements!