Copyrights for Classroom Use | Copyright | BYU-Idaho

# Copyrights for Classroom Use

Copyright law includes some important exemptions for teaching and scholarship.

## Classroom Exemption

The classroom exemption (also known as Section 110 (1)) provides instructors and students very broad rights to perform or display (not make copies of) legally obtained copyrighted works under specific conditions. To qualify for this exemption, you must: be in a classroom ("or similar place devoted to instruction"), be there in person, engaged in face-to-face teaching activities, be at a nonprofit educational institution.

That means instructors, meeting the criteria, can play movies and music for their students, at any length. They can show students images, or original artworks. Students can perform readings of stories and poems, and act out scenes. 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.

The Classroom Use Exemption does not, however, apply to online teaching and learning, not even simultaneous distance learning interactions. We would need to qualify for yet another exemption, section 110 (2) or the TEACH Act to be able to do some of the same things in a limited way.

**Adapted under the (cc) license from the** University of Minnesota Libraries' website

## Using Content

When creating courses in I-Learn and adding content to those courses, the first preference is always to use original content created and owned by BYU-Idaho. Selecting cleared or licensed materials for course content minimize problems with copyright ownership and usage, licensing costs, institutional and personal liability, as well as administrative time and effort required to handle the Intellectual Property.

In many cases, the content you are seeking is available on the web. By using such available online content you can eliminate the need for permission or fee by linking to the work instead of making copies of it.

When using content from reliable, stable websites, it is important to add a link to the content in the course rather than copying the work and placing it in the course.

The McKay Library has many resources to use. Review what is there to use before searching elsewhere.

## Lecture Capture

When a lecture is recorded, synchronized with PowerPoint slides, and uploaded to the Internet, the lecture has the potential to reach anyone who has a mobile device or computer. Below are three related issues to consider in copyright and privacy concerns, including a consent form:

According to the BYU-Idaho Intellectual Property Policy, the individual faculty member owns the copyright in authorized recordings of his or her lecture or class. If the recording is to be distributed to the public and not limited to internal use, then a release (consent form) should be secured from the speaker for distribution or the speaker should license the video with a creative commons license that would grant such use.

If the content used in a presentation is copyrighted, we can no longer rely on the existing exceptions for face to face teaching when distributing the content to the public. The content would have to meet the criteria for fair use, be substituted for content that is licensed for reuse, or permission would have to be secured before distributing the lecture to the public on the internet.

There are Three areas of Privacy concerns in recording a lecture or classroom: the general audience, Identifiable individuals, (guests, questioners, panelists, etc.) and Student work or presentations protected under FERPA as an "Educational Record." 
 
First, for the general audience in a classroom, it is probably sufficient that they be informed that the lecture will be recorded and made available on the internet. 
 
Next, if the lecture will include students' questions or responses or a group discussion, or guest speaker, you should ask identifiable students or guests to sign a consent form when the audience is broader than the class itself. 
 
Finally, when the lecture capture is used to disseminate student presentations, small group discussions, or seminar classes in a course made public or if it will be used in a future semester, faculty members will be responsible for obtaining student consent (a FERPA waiver) prior to distribution. 
 
If you have additional concerns or questions please contact the Intellectual Property Specialist.