Copyright and Fair Use

Resources listed on these pages are informational only and should not be substituted for legal advice.

For more information regarding copyright, please contact B  ecky Imamoto, Collection Strategies Department Head (rimamoto@uci.edu).

Fair Use

Introduction

The Fair Use Doctrine protects the use of copyrighted works for socially beneficial activities such as teaching, learning, and scholarship. Courts consider four factors in deciding whether a use is Fair Use or an infringement:

1. Purpose of the Use (learning, commentary, criticism OR commercial);
2. Nature of the Publication (factual OR creative);
3. Amount and Substantiality of the Whole (small OR substantial);
4. Effect on the Market (has no effect OR replaces a sale).

Section 107 of U.S. Copyright law lists the four factors of Fair Use.

Fair Use Resources

• Code of Best Practices in Fair Use for Scholarly Research in Communication
• Code of Best Practices in Fair Use for Academic and Research Libraries
• Fair Use Evaluator
• Stanford University's Copyright & Fair Use Center
• U.S. Copyright Law: What you CAN do

The TEACH Act

TEACH Act

In response to the growing use of materials in digital formats in Distance Education, the 2002 Technology Education and Copyright Harmonization Act (TEACH) exempts educators in accredited non-profit educational institutions from asking permission when displaying copyrighted materials in digital format, subject to a number of conditions some of which are discussed below. (i.e. the TEACH Act does not allow unlimited copying and redistribution of digital works, even if the use is educational.)

The TEACH Act applies to “mediated instructional activities”; that is, those activities that normally occur in a classroom. It does not apply to course reserves (which are generally protected by Fair Use). The transmitted materials should be integral to the course taught, and they should be used in the way they would have been displayed or performed in a physical classroom. Materials that can be used under the TEACH Act include all electronic formats of all works that would typically be taught in a physical classroom, such as non-dramatic literary works (including articles and book chapters) and audiovisual works (including videos), but only limited portions of dramatic literary works (plays, operas). However, it does NOT apply to works that are solely produced for distance education, or required readings, such as textbooks, course packs and consumable workbooks.

Unlike the Fair Use Doctrine, the educational institution has to comply with certain technical requirements when using the TEACH Act. It has to limit access to the transmitted materials so that only registered students have access. At the same time the institution should prevent unauthorized copying of these materials, and refrain from interfering with technological barriers used by the copyright owner. Materials should be saved electronically only as long as they are used in the digital class.