Copyright in Context

In the classroom:

The classroom is one of the safest places to use copyrighted works since use is limited to a specific, small group for a short duration and is generally non-commercial and educational. If you would like to use a work first consider the work itself. Is it in the public domain? Does the school have a license to use it? If permission is needed and you don't have permission consider whether you qualify for the Classroom Exception for performance and display. Next, ask yourself if your use is fair in light of your educational purpose. If none of these exceptions apply to your use you can always seek permission or have your students find a copy of the work online, in the library or from a vendor.

Examples of Safe Uses Examples of Risky Uses
  • A professor includes images she downloaded on the internet in a powerpoint lecture given in class.
  • A student shows clips from a Netflix-obtained film as part of a presentation on filmmaking.
  • Mr. and Mrs. Wuf lead the class in singing the public domain N.C. State Alma Mater to get them pumped up for the NCSU-UNC game.
  • A professor hands out thirty copies of a poem to be discussed in class.
  • A professor posts her powerpoint slides, including downloaded images, on the open web.
  • A students shows clips from the same film downloaded from The Pirate Bay.
  • Mr. and Mrs. Wuf sing Lady Gaga's latest single to get the class pumped up for the NCSU-UNC game.
  • A professor hands out thirty copies of the coursepack to be used over the entire semester.

Read more about copyright in the classroom in the Copyright in the Classroom FAQ

Digital and Distance Education:

Digital and distance education shares many of the privileged qualities of classroom use such as non-commercial, educational use. Unlike classroom use, however, the open nature of online instruction makes using copyrighted works more complicated.

If you plan to use a work, first ask yourself about the work itself. If it is in the public domain or the university has a license to use it you are free to use it, but you should be sure that any license covers digital use. Linking to an online resource is almost always permitted unless you know that the site is infringing. Next you should consider whether your use is covered by the TEACH Act that permits distance education in amounts similar to classroom use but only permits streaming of "portions" of dramatic video and requires password protection. You should also consider whether your use qualifies as a fair use in light of your educational purpose. If none of these exceptions support your use you can always seek permission.

EXAMPLES OF SAFE USES EXAMPLES OF RISKY USES
  • A professor shares a recording of her lecture, including images of various magazine covers, in the electronic reserves system for her students to watch.
  • A student links to a news article humorously related to discussion on a bulletin board.
  • All students in a class on popular music and culture share clips from their favorite musicians in Moodle to illustrate a discussion on genres of music.
  • A professor uses clips from various films to illustrate a point in her history seminar at NCSU.
  • A professor shares a recording of her lecture, including an entire database of magazine covers in the electronic reserves system.
  • A student links to The Pirate Bay and suggests downloading a film.
  • All students in a class on popular music and culture post full versions of their favorite songs on the open web as a way to introduce themselves.
  • A professor uses lengthy clips from various films to illustrate a point in her lecture to a local civic organization.

Read more about copyright in digital education in the Copyright Online FAQ