This page provides some guidelines and resources to appropriately use copyrighted materials for teaching and resources to find materials freely available without copyright restrictions.
Faculty retains copyright for course materials developed for teaching at TUN. See Copyright for Creators tab to protect and share your teaching materials outside of TUN. Refer to your contract for details.
Copyright law has lenient provisions for the use of copyrighted materials for educational purposes, but there are strict guidelines that limit how a work can be reused. For example:
Distribution Scenario 1
Scenario: You find an article in a scholarly journal relevant to a class taught regularly and would like to distribute this article to students each time the course is taught. Is this fair use?
Response: The distribution of an article to students can be fair use. In this scenario, it would be better to place the article on reserve in the library or to direct students to the article via a library resource such as a database.
Scenario credited to Touro College Libraries
See the Copyright Clearance Center Campus Guide to Copyright Compliance for more information.
Circular 21: Reproduction of Copyrighted Works by Educators and Librarians provides guidance for educators and librarians to legally distribute copies of copyrighted materials. At Touro University Nevada, most questions pertain to printed or digital reproduction of articles, books, and book chapters. Note that this guidance also applies to research data, maps, survey instruments, and any other materials under the protection of copyright.
Under copyright law, reproduction includes:
Photocopies, microform, videos, sound recordings, taping, or any other method of recapturing sounds.
A single copy is generally considered Fair Use under the following conditions:
Copyright law places a high value on educational uses. The Classroom Use Exemption (17 U.S.C. §110(1)) only applies in very limited situations, but where it does apply, it gives clear rights.
To qualify for this exemption, you must:
If (and only if!) you meet these conditions, the exemption gives both instructors and students broad rights to perform or display any works. That means instructors can play movies and music for their students, at any length (though not from illegitimate copies!). Instructors can show students images or original artworks. Students can perform arias, read poems, and act out scenes. And students and instructors can do all these things without seeking permission, without giving anyone payment, and without having to deal with the complications of fair use.
Source: University of Minnesota Libraries. Creative Commons Attribution-NonCommercial License.
Copyright in online learning and teaching environments is governed by the Technology, Education, and Copyright Harmonization Act (TEACH Act), which was passed in 2002. Because of the different way of sharing materials in an online class, the TEACH Act applies to the transmission of materials online. There are many requirements to meet for an action to be protected by the TEACH Act, but other exemptions, like Fair Use, might apply better or more easily.
Many libraries have published TEACH Act Toolkits to guide instructors in using copyrighted materials ethically, responsibly, and legally. The original TEACH Act Toolkit, from the Louisiana State Libraries, provides TEACH background and explanations, checklists, guides, vocabulary, and commonly asked questions. Touro College librarians are also available to assist in assessing the applicability of the TEACH Act to your situation.