Research Guides: Copyright and Fair Use: Fair Use & TEACH Act

What is Fair Use?

Fair Use doctrine is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, section 107) In higher education, the Fair Use doctrine presents exceptions to the Copyright Act that allow for use of copyrighted materials in a face-to-face classroom in many circumstances. If the materials will be used in an online classroom instead, then they must additionally meet the criteria of the TEACH Act.

What Determines Fair Use?

The following four factors are used to determine if a use is fair:

The purpose of the use (eg. commercial vs. educational)*
The nature of the copyrighted work
The amount of the material used (the greater the amount copied, the less likely it is fair use)
The effect of use on the potential market for or value of the work

* Not all uses in an academic context are automatically considered fair use!

Fair Use and TEACH Act in Academia

The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research. The complexity of fair use and its importance in academia make it imperative that every member of OC understands how to make judgments concerning fair use.

Copyright in Higher Education infographic
Use this detailed decision-making tree to help you determine if your use falls under either the Fair Use doctrine, or the TEACH Act.
Fair Use Evaluator
This tool helps users collect, organize, and document the information they may need to support a fair use claim, and provides a time-stamped PDF document for the users’ records. Developed by the American Library Association, Office for Information Technology Policy.
Fair Use Checklist
From Columbia University, this widely regarded tool walks you through the necessary steps to determine if how you will use a resources falls within Fair Use. It has been road tested as well! In the recent "Georgia State" case, the court noted that the checklist was a good tool for faculty use.
Fair Use: Common Scenarios
Scenarios provided are intended to help faculty and students evaluate fair use. These scenarios are illustrative, not exhaustive.
Fair Use Index
A searchable database of court opinions to make the principles and applications of fair use more accessible and understandable.

TEACH Act

The Technology, Education and Copyright Harmonization (“TEACH”) Act was enacted in November 2002 as an amendment to the Copyright Act of 1976. Under the Teach Act, faculty at accredited, nonprofit U.S. educational institutions are permitted to make certain copyright-protected materials available online to students, without having to obtain permission from the copyright holder, if 17 criteria are met. The TEACH Act’s exemptions are intended for distance learning purposes only.

The TEACH Act (University of Texas Libraries)
Overview of the TEACH Act and how it differs from the Fair Use exception to the Copyright Act. Also includes a checklist to see if your use qualifies.