Intellectual Rights & Property for Educators

Do I need permission to show a movie in class?

No, you do not need permission from the copyright holder to show a copyrighted movie in a face-to-face (i.e., not online) class. This is because copyright law provides for a specific exemption that allows performances or displays of works during face-to-face teaching activities at nonprofit educational institutions, whether in the classroom or in a "similar place devoted to instruction." This exemption applies not just to movies, but to any copyrighted work. This exemption does not extend to situations where you have reason to believe that the copy of the work was "not lawfully made," e.g. an illegally copied DVD. 

Do I need permission to link to materials on the web?

Generally, merely providing links to materials on the web does not require the permission of the copyright holder. It is a good rule of thumb to use linking to provide access to copyrighted materials whenever possible, rather than posting PDFs or otherwise reproducing web materials.

What about to make copies of course readings for my students?

Creating copies of class readings and including them with your course materials (e.g., published articles that you wish to make available during the course of the semester) may qualify as Fair Use. But in brief, fair use for educational purposes is more likely to be considered "fair" for small reproduced quantities, the portion of the reading material copied is not significant in relation to the entire work, and the reading material is intended for educational purposes aligned with content learning for your course. Ten percent (10%) or less is often cited as the appropriate portion that fits the aforementioned parameter. If you post the reproduced work on a learning management system (such as Schoology, Canvas, Blackboard, Moodle, etc. ) for reserved reading, make sure that a) you restrict access to students enrolled; b) block access after the course has ended; and c) remind your students that the material posted should not be copied or redistributed to others (include a copyright notice with your reading materials that explains that these documents are made available through Fair Use or the TEACH Act and that further copying and redistributing the materials is a violation of copyright law). 

Do I need to get permission in writing?

You should make a habit of getting permission in writing whenever possible. Although under the law copyright permission does not have to be written, having a record of the grant of permission offers you greater protection should questions or disputes arise in the future. Depending on how you plan to use the work, you may need documentary evidence to show others that you have the permission of the copyright holder. For example, many publishers will require written proof of permission in order to include copyrighted works in your own publication. 

In recents months, many educators have been alerted to the use of ChatGPT to generate writing. That's not the only type of Generative AI tools emerging, and image/art generators have actually been available longer than ChatGPT. Music, audio and video AI are also accessible and evolving radiply. These AI tools can create a wide of works that could be used by teachers, but copyright considerations and concerns are also emerging.