As an instructor, there are a variety of ways you can use copyrighted material for teaching without having to ask permission - the trick is discovering which exceptions to copyright are most applicable to your situation. These are the exceptions that are most applicable for instructors.
A common question is whether it is better to link to online library resources in your course management system (such as Blackboard), or upload an article. Due to our contracts with database vendors, it is better to link to the article rather than uploading the PDF directly to your course site. Additionally, linking directly to the resource you need for your class helps McFarlin know how that resource is being used, which is one of the ways we make decisions about our collection. The librarians will provide you with permalinks. Just ask!
Sharing a link to freely available online content, or using the embed codes provided by a platform (such as YouTube) is usually fine. As an instructor, you should avoid linking to anything that is obviously infringing - a movie that's currently showing in theaters on YouTube, for example - so that you can avoid giving the impression that copyright infringement is acceptable.
Public Domain (links to University of Minnesota Libraries) - A work is in the public domain if its copyright term has expired, or if it has never been covered by copyright (such as works authored by the U.S. Government). Works in the public domain may be used for any reason by anyone since copyright does not apply.
Creative Commons - There are a wealth of resources that are distributed under Creative Commons licenses, which already grant permission for a variety of uses. Most are applicable for educational purposes. Openverse has a collection of websites where you can find Creative Commons-licensed works.
Fair Use - the Fair Use exception needs to be determined for each particular use. Please see the detailed page of this guide that covers Fair Use.
Classroom Use Exemption (included in Section 110(1) of Copyright Law) - this only applies to in-person, face to face instruction in a classroom at a non-profit educational institution, and allows for the performance or display of any copyrighted work without seeking permission. Playing a DVD or CD for a class (in whole or in part), singing a song together, or holding up purchased or borrowed copies of a book or artwork would be permitted under this exemption. It does not apply to making or distributing copies or to online instruction.
TEACH Act (included in Section 110(2)) - The "Technology, Education and Copyright Harmonization" Act allows instructors to perform or display copyrighted works in distance education environments.
Information contained on this website is educational in nature and is not to be construed as legal advice.
