Insert Date Insert Instructors’ Names / Titles Exemption for Classroom Teaching: Section 110 of the Copyright Law (including The TEACH Act) Insert Date Insert Instructors’ Names / Titles Welcome and introduction of UCLA Librarians / Guest Instructors Ask attendees to introduce themselves and what they hope to learn/what questions do they have The following slides are based on the work of the UCLA Library Scholarly Communications Steering Committee

Today’s Objectives Face-to-face teaching exception allowed under §110 Look closely at “the Teach Act” – paragraph 2 of §110– which governs: Library electronic reserves Course management systems Quickly review the rest of §110

I am not an attorney, and cannot offer legal advice. Disclaimer I am not an attorney, and cannot offer legal advice. The following information is presented to educate about copyright law and institutional policy in general terms. If you are unclear about your options when confronted with a specific legal issue related to copyright, you are urged to consult with an attorney with a background in copyright law.

Before weighing the limits of § 110, remember: It’s free to use if… You are the copyright owner You have express permission The UCLA library licenses the material on your behalf A Creative Commons license grants permission You have an implied license Linking to, and looking at, online materials There is another specific statutory exception §107: the Fair Use doctrine The work is in the Public Domain Adapted from the “Applying the Fair Use Doctrine” Webinar by Kevin L. Smith (Duke U.) and Steven J. McDonald (R.I. School of Design) with permission.

Handy Tools ARL’s “Know Your Copy Rights” Brochure This handout is a positive way to look at the realm of available material that can be used without needing to make a Fair Use determination. 5

Exemption for Classroom Teaching § 110 (1) Limitation on exclusive rights: performance or display of a work by instructors or pupils in face-to face teaching at a nonprofit educational institution Important Condition: For use of a motion picture or audiovisual work, the copy used in the classroom must be lawfully obtained (includes purchases and rentals) This exemption provides instructors a nearly unlimited right to perform or display a work in the course of teaching activities at a nonprofit educational institution. Note, however, that this does not address the distribution of copies of materials to students – but that is specifically covered under the Fair Use exemption. Also, any motion pictures or audiovisual works must be lawfully obtained – either purchased or licensed by the instructor or the institution, or rented from a video store. This condition applies to all exceptions within 110, not just paragraph (1).

Exemption for Classroom Teaching Face-to face teaching = easy Online teaching = trickier Face to Face teaching is clearly handled under section 110 (1). Section 110 (2) addresses distance learning environments, and is much more complicated, as we will soon see.

The TEACH Act The Technology, Education and Copyright Harmonization Act of 2002 Meant to clarify and expand the exemptions for virtual classroom teaching, the TEACH Act made significant changes to the Copyright Act § 110(2), and is meant to govern the use of copyrighted material within: Distance Education (purely online courses) Hybrid courses (in-person courses w/ online components in a Course Management System) Electronic reserves run by academic libraries We say “meant to clarify and expand” because the end result of the TEACH Act is, unfortunately, more confusion and reluctance to use these modern tools of instruction to their fullest extent.

(Additional Conditions on the following slides) Overview of § 110(2) Allows for , “by or in the course of a transmission,”: Performance or Display of “nondramatic literary or musical work(s)” Performance of “reasonable and limited portions of any other work” Display of “a work in an amount comparable to that which is typically displayed in the course of a live classroom session” Except: “a work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks” And All transmissions must be from legally acquired copies (Additional Conditions on the following slides)

Overview of § 110(2) Additional conditions: Performance must be “an integral part of a class session offered as a regular part of the systematic mediated instructional activities,” and “directly related and of material assistance to the teaching content of the transmission.” The transmission should be limited to the students in the class “to the extent technologically feasible.” (More Additional Conditions on the following slides)

Overview of § 110(2) Additional conditions: The educational institution must: Be accredited and nonprofit Institute policies regarding copyright Provide informational materials on copyright compliance to faculty and staff Provide notice to students that materials in class may be subject to copyright protection (Yet More Conditions on the following slide)

Overview of § 110(2) The educational institution: Additional conditions: The educational institution: Must not store digital copies beyond period of transmission Must apply technological measures that reasonably prevent : Access beyond the class session Unauthorized further dissemination Must not interfere with technological protection measures in the copyrighted material

An important caveat found at the end of §110: Overview of §110(2) An important caveat found at the end of §110: [T]he term “mediated instructional activities” with respect to the performance or display of a work by digital transmission under this section …does not refer to activities that use, in 1 or more class sessions of a single course, such works as textbooks, course packs, or other material in any media, copies or phonorecords of which are typically purchased or acquired by the students … Of course, this places library electronic reserves in great peril, if “course packs, or material in any media” which are “typically” acquired by students cannot be distributed in this manner.

This is, of course, not without controversy. Implications of § 110(2) Even if institutions meet the policy and technical requirements of § 110(2), many find it too restrictive, and often choose (sometimes as a matter of policy) to instead provide access to materials under the provisions of the Fair Use doctrine in § 107. This is, of course, not without controversy. Remember, Fair Use can be applied in any situation that is not covered by 110, but of course only if the Fair Use doctrine is applicable.

The rest of § 110 Also covered in this section are limited exceptions for performances and displays: In places of worship Of certain free and nonprofit performances On televisions in restaurants and bars At private social events For the blind, deaf or handicapped These sections are not really relevant to the academic enterprise, they are simply included here to review the entire section as promised.

Key Online Resource The ALA Copyright Advisory Network’s “Exceptions for Instructors eTool” http://www.librarycopyright.net/edexceptions This tool asks step-by-step questions about the nature of the material and its use in a classroom environment (in-person or virtual), and can help one determine if section 110 provides protection for what they are planning to do. 16

Need Further Help? The UCLA Library can help with questions about using copyrighted material in your courses. email us: copyright@library.ucla.edu

Questions? Thank You! Acknowledgements The preceding slides are based on the work of the UCLA Library Scholarly Communications Steering Committee. Photo from flickr: http://www.flickr.com/photos/marcobellucci/3534516458/