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Copyright: Copyright for Instructors

This guide presents information about copyright law. HSHSL makes every effort to assure the accuracy of this information, but does not offer it as counsel or legal advice. Consult your own attorney for advice concerning your specific situation.

Fair Use

Fair Use is an exemption in U.S. copyright law that allows limited use of copyrighted materials without permission for purposes such as teaching, research, scholarship, and criticism. Whether a use qualifies as fair depends on a case-by-case analysis of four key factors:

  1. Purpose and character of the use (e.g., educational vs. commercial)
  2. Nature of the copyrighted work (e.g., factual vs. creative)
  3. Amount and substantiality of the portion used
  4. Effect on the market value of the original work

Fair Use is not a blanket rule but a flexible guideline requiring careful evaluation. The tools below can help you assess whether your intended use falls within Fair Use.

Fair Use Assessment Tools
  • Fair Use Checklist – A step-by-step guide from Columbia University’s Copyright Advisory Office.
  • Fair Use Analysis – A checklist from Purdue University’s Copyright Office to help determine Fair Use eligibility.
  • Fair Use Evaluator Tool – An interactive tool from the ALA Copyright Advisory Network for evaluating Fair Use.
  • U.S. Copyright Office Fair Use Index – A searchable database of legal cases related to Fair Use. Click "Search Index" to explore past rulings.

TEACH Act

The Technology, Education, and Copyright Harmonization (TEACH) Act allows accredited, nonprofit educational institutions to use copyrighted materials in online and distance learning under specific conditions. This law provides more flexibility than standard copyright rules, but it comes with important limitations.

TEACH Act vs. Fair Use: How They Differ in Education

Both the TEACH Act and Fair Use allow educators to use copyrighted materials without explicit permission, but they have different rules, restrictions, and applications. Below is a comparison of how they apply to print and digital writings and images in an educational setting.

Key Differences: TEACH Act vs. Fair Use

Feature

TEACH Act

Fair Use

Purpose

Supports online and distance education, allowing some use of copyrighted works in a virtual classroom.

A broader copyright exemption that applies to education, research, criticism, and news reporting.

Who Can Use It?

Only accredited, nonprofit educational institutions with secure learning systems.

Anyone, including educators, students, researchers, and the general public.

What Can Be Used?

Limited portions of writings and images, similar to what would be used in a physical classroom.

Any portion of a work, but must meet the four fair use factors.

How Much Can Be Used?

Small portions of written works (not full books or journal articles). Entire images can be shown if needed for teaching.

Amount used must be justifiable and not excessive (e.g., a single chapter from a book).

Where Can It Be Used?

Only in password-protected, institutionally managed learning systems (e.g., Blackboard, Canvas).

Anywhere (e.g., physical classrooms, course websites, public presentations).

Restrictions on Access

Materials must be removed after the course ends and cannot be stored indefinitely.

No strict access limits, but excessive distribution may weaken a fair use claim.

Technological Protections

Institutions must implement technological safeguards to prevent unauthorized downloads and sharing.

No technical protections required, but sharing broadly online may reduce a fair use argument.

Commercially Available Works

Cannot use materials specifically marketed for online education (e.g., e-textbooks, online study guides).

No automatic restrictions, but availability in the market is considered under fair use.

Institutional Responsibilities

Institutions must educate faculty and students about copyright laws and prevent misuse.

No institutional requirements, but fair use must be determined case by case.

When to Use TEACH Act vs. Fair Use

  • Use the TEACH Act when:
    • Sharing small portions of books or articles in a secure, online class.
    • Displaying legally obtained images for educational purposes.
    • Teaching a distance learning course in a nonprofit institution.
  • Use Fair Use when:
    • You need to use a larger portion of a work than the TEACH Act allows.
    • You want to distribute materials outside a closed learning environment.
    • You are commenting, critiquing, or transforming the material significantly.
    • You are unsure if the TEACH Act applies—fair use gives more flexibility.

UMB Resources

Ask a Copyright Question

TEACH Act Explained