Section 110(2) (also known as the TEACH Act) protects distance and hybrid education, i.e., the performance or display of works for an online course or a course with substantial online components. Unfortunately, Section 110(2) is quite complex, and many institution find its provisions difficult to interpret or apply. For example, the law allows “performance of a nondramatic literary or musical work or reasonable and limited portions of any other work,” which suggests that dramatic works (plays, movies, musicals) should not be performed in their entirety. However, authoritative commentators, including the Congressional Research Service, have suggested that entire works may constitute “reasonable and limited portions” in some circumstances. In practice, fair use has become a crucial backstop to the TEACH Act in that it gives teachers comfort that even if they might misapply some of the technicalities of TEACH, so long as they are reasonable, their activities should be protected by fair use. For more information about the TEACH Act, American Library Association has a useful guide prepared by Kenneth Crews.
If it was legal to show slide images in class, it is likely legal to show them to students via live video conferencing or in recorded videos.
This may be a surprise if you have heard that there is a big difference between class lecture slides and online conference slides - but the issue is usually less offline versus online, than a restricted versus an unrestricted audience:
The "Classroom Use Exception" does not apply to streaming media. You may need to have students independently access the content outside of your lecture videos.
If you can limit audio and video use for your course to relatively brief clips, you may be able to include those in lecture recordings or live-casts under the copyright provision called fair use. For media use longer than brief clips, you may need to have students independently access the content outside of your lecture videos. If longer clips, or full video, is needed, then please contact Course Reserves to go over possible leasing options for audio-visual works.
Course Reserves provide online access to the Libraries material -- linking to Libraries subscription resources, finding ebooks where available, and much more.
Linking to publicly available online content like news websites, existing online videos, etc. is rarely a copyright issue. (Better not to link to existing content that looks obviously infringing itself - Joe Schmoe's YouTube video of the entire "Black Panther" movie is probably not a good thing to link to. But Sara Someone's 2-minute video of herself and her best friend talking over a few of the pivotal scenes may be fair use, and is not something you should worry about linking to.)
Making copies of new materials for students (by downloading and uploading files, or by scanning from physical documents) can present some copyright issues, but they're not different from those involved in deciding whether to share something online with your students when you are meeting in-person.
When it comes to showing an entire movie, film, or musical work online, it may be more complicated than playing it in class due to copyright concerns. However, there are options for students to access content independently online. The Libraries provide licensed video and audio content for A&M users. However, standard commercial streaming services like Netflix, Amazon, Hulu, and Disney+ may sometimes be the easiest choice. Keep in mind that these services often have exclusive content, and different streaming platforms have varying copyright regulations and terms of use. It's essential to review the guidelines for each service before streaming a film, whether in the classroom or online. Sharing exclusive content available only on specific streaming platforms may violate copyright laws, so it’s often safer for students to watch these films on their own.
Here are some key considerations to stay compliant with copyright law:
Private vs. Public Access: Limit content visibility to external audiences unless the material is freely available for educational purposes.
Commercial vs. Non-Commercial Use: If your course involves a commercial model or is offered for profit, always obtain explicit permissions from the copyright holders.
Fair Use Guidelines: When incorporating audiovisual content, link to external videos whenever possible. This helps avoid copyright issues while providing relevant resources. Ensure that the linked site legally hosts the content and has the appropriate educational licenses.
Restrict Access: To prevent unauthorized users from viewing or downloading content, implement access control mechanisms such as password protection or authenticated logins. In cases where no other options are available, fair use may allow the playback of an entire work. Course reserves could be an option for these works, and they may also help secure a streaming license through platforms like Criterion, Kanopy, and Swank.
Use Streaming When Possible: If streaming is necessary, secure a streaming license from the content publisher or rights holder.
Obtain Permissions for Embedded or Downloadable Videos: If linking to external videos isn’t feasible and you need to embed or download content to your course platform, make sure to get permission from the copyright holder. This often involves negotiating a licensing agreement.
Never Engage in Illegal Reproduction of Videos: Avoid illegally reproducing, distributing, or publicly displaying videos without the proper permissions. Unauthorized duplication or sharing could lead to legal consequences for both the instructor and the institution.
By understanding and following these guidelines, you can provide valuable audiovisual content to your students while staying compliant with copyright laws
It’s crucial to understand that using images without proper permission can be both costly and illegal. The safest option is to only use images that you have explicit authorization from the copyright owner to use.
Many platforms offer free images, with Microsoft being one example. They provide a filter that allows you to insert only photos available under Creative Commons licenses, which encourage sharing. However, even when using Creative Commons images, proper attribution may still be required. Other websites like Flickr, Pixabay, and Unsplash also offer shareable images. For more sources of openly licensed content, refer to the Creative Commons guide.
While using images from a site that claims to offer royalty-free photos is better than just copying or taking screenshots, it’s still not completely risk-free. If a copyrighted image is mistakenly included on a “free image” site, the copyright holder can still file a claim. In such cases, removing the image should be a satisfactory solution, provided you reasonably believed it wasn’t a copyright violation.
As with any copyrighted material, fair use may allow limited use of a photo, especially for educational purposes. However, photos should be used carefully in situations resembling commercial activities, like fundraising, marketing, or for official university websites.
A reliable way to use images legally is to purchase a license from reputable sources like Getty Images. Alternatively, you can directly obtain written permission from the photographer. If an image is shared on social media, getting a clear affirmative response from the owner after requesting permission is usually sufficient (assuming they own the image). Of course, using your own photos, drawings, or creations is always safe, as you’re the copyright holder.
This section is adapted from the Copyright Crash Course written by Georgia Harper and Colleen Lyon, and is licensed under a Creative Commons Attribution-NonCommercial 4.0 Generic License. http://doi.org/10.15781/T24J09X6J
