Copyright in the Classroom: Copyright Law

So you're dealing with a copyrighted work. Follow the steps below to determine what you'll need to do in order to use it. 

1. Figure out if it is in the public domain. 
   • Check out the public domain page to learn more.
2. If not, does the work have a Creative Commons license permitting certain uses?
   • Check out the Creative Commons Licenses page for more information.
3. If not, are there legal exemptions to copyright law that would allow you to use the work?
   • Consider Section 110 (1) covering face-to-face classroom performance and display.
   • Read more about the TEACH Act (Section 110 (2)) covering digital transmissions for performance and display.
4. If not, consider the Fair Use exemption.
   • This is a legal exemption (Section 107), but it's the vaguest and riskiest! Learn more claiming Fair Use here.
5. If none of this works, seek permission from the copyright holder (and be prepared to possibly pay royalties).

Sites to help you find/contact a particular creator or copyright holder:

• American Society of Composers, Authors, and Publishers
• Universal Uclick (Cartoons, Comics & Editorial Features)
• National Writers Union  (Books)
• Music Theatre International (Scripts, musicals)
• Copyright Clearance Center (Print, electronic, non-print)
• Copyright Resource Clearinghouse 

Resources you can use throughout the process of asking for permission to use a copyrighted work:

Check out this video to review some general information about copyright and how it impacts your role as an educator.

Copyright law applies to nearly all creative and intellectual works available traditionally and digitally. For copyright protection, a work must be original and "fixed in a tangible medium of expression," or recorded using some form of physical medium. 

What's protected?

• Literary works
• Musical works
• Dramatic works
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

What's not protected?

• Ideas, concepts, systems, or methods of doing something
• Principles
• Discoveries
• Recipes 
• Works in the public domain, federal government works, unfixed works (those that have not been recorded in a fixed form- like a song you made up, or the idea for a screenplay you never actually wrote down)
• Titles, names, short phrases, and slogans
• Familiar designs, numbers, lettering, fonts, and symbols

For more info on what copyright protects, read this FAQ from the U.S. Copyright Office. 

If you've determined you need to request permission from the copyright holder to use their work:

1. Identify the Copyright Holder

• Check if there is a copyright notice on the work that identifies the author
• Keep in mind there may be multiple copyright holders
• Has the copyright changed hands? It may no longer belong to the original creator
• The method of identifying owners differs depending on the industry

2. Identify the Rights You Need

• Copyright is a bundle of rights. What specific rights would you like to request permission for? This could include:
  • Reproduce
  • Distribute
  • Modify
• Would you like exclusive or non-exclusive rights?
• What length of time do you need the rights?

3. Be Prepared

• Plan ahead: requesting permission could take time
• Submit your request and obtain the response in writing
• Be prepared for the possibility of licensing fees
• Multiple rounds of negotiation may be necessary 
• Ultimately, the copyright holder could say no

via The University of Texas at San Antonio Library