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Copyright for Faculty

Faculty members are uniquely positioned to benefit from copyright exemptions. Some of the most generous exemptions of Section 107 apply to the traditional face-to-face classroom setting of nonprofit educational institutions. "... The fair use of a copyrighted work ... for ... teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

Additionally, Section 110(1) allows dramatic presentations and displays of works in the classroom. Beyond the classroom, The TEACH Act modified Section 110(2) to allow portions of protected works to be presented electronically in a controlled distance learning setting (e.g., Blackboard/Vista).

However, with all of these copyright privileges, faculty members still must strive to be especially scrupulous about avoiding intentional infringement of a copyright holder's rights. The same holds true for students, for staff, for any member of an academic community. "With great power comes great responsibility." (Stan Lee)

Be especially careful to avoid copyright infringement on personal websites. Even though it may be for educational purposes, material on these sites are not being presented in a classroom setting. Avoid using graphics, music, cartoons, any copyright protected material without permission. If you plan to incorporate a student's material into a lesson, be sure to get written permission first. Students have Copyright Rights also.

And lastly, although not part of copyright law, plagiarism can be a temptation and trap for faculty members as well as students. If you want a quick refresher, see the Beyond Copyright — Plagiarism section.


Legal Disclaimer: This site is not intended to provide legal advice. If you are uncertain as to your rights and responsibilities, you are encouraged to seek an attorney’s advice.
 

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