Fair Use is one of the most important revisions to copyright law for educators.
Congress in 1976 added section Section 107 to Title 17 named the Fair Use Act.
Fair Use makes special allowances for educators to use copyrighted materials in classroom and research without permission. Conditions of fair use for educators include the requirement that the educator must be employed by a non-profit institution and it is applied to research or classroom use.
Fair use uses four main factors to determine if the copyrighted material is being used appropriately.
How to apply Fair Use in the classroom:
A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:
The TEACH Act (Technology, Education and Copyright Harmonization Act) passed in 2002 was added to Title 17 as Section 110(2).
The TEACH Act is used in conjunction with Fair Use. The TEACH Act addresses use of copyrighted work in online or remote education. It mostly focuses on the use of multi-media material in online environment. There are more restrictions on multi-media use in the online class (such as Canvas) than in face to face classrooms.
Here is a helpful TEACH Act checklist that can be used to help determine if you are using materials in your Canvas modules correctly: