Copyright and Online Images: Other Copyright Exceptions

Section 110(1) of the U.S. Copyright Law permits the display and performance of others’ works in the course of face-to-face teaching activities of a nonprofit educational institution. An instructor or pupil may show or perform works related to the course curriculum in a face-to-face setting regardless of the medium including music, images and movies. For example, an instructor can show an entire film in class without obtaining permission. However, instructors and pupils must use a lawfully acquired copy of the work.

17 U.S. Code § 110

Creative Commons is a nonprofit organization providing copyright licenses to facilitate the sharing and use of works. Authors can change their copyright terms from the default of "all rights reserved" to "some rights reserved". For example authors may choose to allow any reuse of their work as long as attribution is given or they may allow any noncommercial reuse of their work. Permission to reuse for educational, scholarly or research purposes is usually not required if the work has a Creative Commons license.

The Technology, Education and Copyright Harmonization Act (TEACH Act) became law in 2002. The TEACH Act expands an instructor’s right to perform and display works for digital distance education. The TEACH Act brings the rights for distance education closer to what is available in the traditional face-to-face teaching environment with some differences:

• The material must be used in a course offered by an accredited nonprofit educational institution.
• The Act permits the performance of non-dramatic literary and musical works or reasonable and limited portions of any other works. Therefore, dramatic works (such as movies) can only be shown as 'clips' under the TEACH Act.
• The performance or display must be (1) directly related and of material assistance to the teaching content and (2) an integral part of a class session offered as a regular part of the instructional activities of the institution.
• The transmitting institution must (1) institute policies regarding copyright, (2) provide faculty, students and relevant staff with informational materials that accurately describe and promote compliance with copyright law, and (3) provide notice to students that materials used in connection with the course may be subject to copyright protection.
• In the case of digital transmissions, the transmitting institution (1) must employ technological measures that prevent students from retaining the work for longer than the class session and further disseminating the work to others without authorization, and (2) must not interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.
• The Act excludes the performance and display of works produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks.

Section 108 of the U.S. Copyright Law allows libraries and archives to reproduce and distribute one copy of a work under certain circumstances. For example, libraries may photocopy journal articles, book chapters, etc. and send these copies to other libraries through interlibrary loan. This section also allows libraries to make copies for preservation purposes.

17 U.S. Code § 108

Section 109 of U.S. Copyright Law permits the owner, or any person authorized by the owner, of a lawfully made copy or phonorecord to sell or otherwise dispose of that copy or phonorecord without the permission of the copyright owner.

17 U.S. Code § 109