5. Use covered by exemption?

Does the use of the material fall under an exemption for higher education?

Even if the material you wish to use is protected by copyright and you do not have existing authorization to use the material, you may be exempt from needing permission under one of the following exemptions in higher education:

Classroom Use Exemption
TEACH Act

1. Classroom Use Exemption

You are free to perform or display any length or amount of a copyrighted work in your face-to-face Harper College classroom without seeking permission to do so if your use falls under the Classroom Use Exemption. The Classroom Use Exemption applies to:

Instructors and students
In a face-to-face classroom or other instructional setting
At a nonprofit educational institution
Performing or displaying works
Of a legally obtained copy of the work
When no copies are made or distributed

COVERED

Displaying pictures, websites, or other images on a screen
Passing a book around the class
Playing a song
Singing a song
Reciting a poem
Showing a movie

NOT COVERED

Making a photocopy of a work to show in class
Distributing copies of a work to all the students in a class
Burning a DVD of a film to show in class
Placing materials in a Blackboard course shell
Displaying materials in an online chat or virtual classroom

2. TEACH Act Exemption (Online Environment)

You are free to use copyrighted work in an online environment, such as your Blackboard course shell, without seeking permission to do so if your use falls under the TEACH Act. The TEACH Act applies only if ALL of the requirements below are met.

Material Requirements

Directly related to the educational objectives of the course
Legally obtained copy
Amount is comparable to what would be shown in a face-to-face setting

Use Requirements

Limited access to enrolled students (such as behind password-protected Blackboard shell)
Reasonable measures taken to prevent students from distributing copies or retaining them beyond the class session
Students are given notice that materials may be subject to copyright protection

Institutional Requirements (Met at Harper)

Accredited, nonprofit, educational institution.
Copyright policy is in place.
Copyright policies and educational materials are provided to faculty, staff and students.

Copyright in Online Teaching and Learning Webinar

This is a recording of a live Harper Academy for Teaching Excellence webinar that took place on Wednesday, May 10, 2017 with presenter Dr. Jessica Reyman from Northern Illinois University.

The webinar discusses copyright considerations specific to teaching and learning online. In about 30 minutes, Dr. Reyman covers U.S. copyright law, such as fair use and the TEACH Act, that apply to your online teaching activities, as well as your rights as a creator of online course content. This video provides a more indepth look at the TEACH Act requirements and tests your knowledge with scenario-based questions. It is definitely worth the 30 minutes!

If yes...

You are free to use the material, following the requirements of the Classroom Use Exemption or the Teach Act Exemption. If using the materials under the TEACH Act exemption, use the following copyright notice in your syllabus and Blackboard course shell:

The materials on this course website are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated. For more information, please visit the Harper College Copyright & Fair Use resource page.

If no...

You may still be able to use the material. Move on to Q6: Safe under Fair Use?

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