Guidelines for UAMS Faculty, Staff, and Students
Using Copyrighted Materials
Teaching in the Face-to-Face Classroom (Teaching Exemption)
Instructors may show (display or perform) any type of copyrighted materials
in the face-to-face classroom repeatedly term after term without seeking
permission from the copyright holder. Common examples would include
showing videotapes, playing sound clips, displaying graphs and illustrations,
and giving PowerPoint presentations that include copyrighted materials.
An instructor may distribute materials to each student in the classroom
following the fair use provisions.
Fair Use for Teaching Faculty and Students at UAMS
Fair use covers materials distributed in the classroom or assigned to
students for directed self-study or review.
An instructor may provide one copy of a portion (e.g. a chapter of
a book, an article from a journal, a small portion of images digitized
from a book or journal) of copyrighted material to each enrolled student,
- Copying and distribution of copyrighted material is not repeated
by the same teacher from term to term;
- Distribution of copyrighted
materials is restricted to enrolled students only;
- Each copy contains a notice of copyright attributing the work to
the copyright holder (copyright symbol ©, year of publication,
and name of copyright holder);
- Copying is not meant to create an anthology
for the class or substitute
for the purchase of a textbook or a journal;
- Copying is not of ‘consumables’ such as workbooks, exercises,
- Copying is at the instance and inspiration of the individual
- The student is not charged beyond the actual cost of photocopying;
- Students are notified that copyrighted materials may be included
course materials, that these materials are provided for the students’ personal
educational use, and that no further distribution of the materials
Students may use copyrighted materials in their class presentations
and assignments. Students may retain a copy of their own work including
copyrighted material for inclusion in a personal portfolio to be displayed
at a conference or for demonstrating their skills to prospective employers.
Distance Education and TEACH Act
The TEACH Act expands the Teaching Exemption (17 U.S. Code 110(2))
to include distance education. It does not extend to community service
or continuing education activities.
- The copyrighted materials performed or displayed in distance
education courses must be part of activities that:
- take place as an
integral part of the class experience under supervision of the
- are directly related and of material assistance to
the teaching content, not ancillary or supplemental, such as supplemental
- limit amount of copyrighted materials displayed to
the amount that would typically be displayed in the face-to-face
- limit performances of audiovisual and dramatic works
to portions of the work;
- exclude digital works produced or marketed
primarily as a part of mediated instructional activities;
performance or display to legally acquired materials.
- limit to enrolled students only (as technologically
- prohibit further distribution of copyrighted materials;
access to copyrighted materials after class session is over (may
be archived if kept inaccessible to students);
- prohibit interference
with measures devised to prevent retention or dissemination;
notice informing students that course materials may be copyrighted.
of analog to digital format:
- digitize only if material is not
available in digital version, or if the already available digital
version prevents its use
as allowed by the TEACH Act.
Course Management Software (WebCT) and E-Reserves
- Uploading copyrighted materials into course management software
or E-Reserves is comparable to providing multiple copies in the classroom;
- Both WebCT and E-Reserves link to an area that allows viewing of
copyrighted materials without allowing printing or downloading;
same fair use limitations on portion (a chapter of a book, a journal
article, etc.), time (one term), and other limitations of fair use
- The Library’s institutional license for a particular journal
dictates whether uploading or linking to copyrighted material is appropriate.
Call the Library for assistance.
Fair Use of Digital Images
Websites on the Internet are a rich resource for images and often educational
websites indicate that images may be used for educational purposes.
Faculty and students are advised to read and observe the copyright
statements and to correspond with the copyright holder when appropriate.
Correspondence granting permission should be retained.
- If a digital image is already available online or for sale or
license at a fair price, the instructor should point to it online, or
purchase or license it. Pointing to an image on a Website (‘hyperlinking’)
can be repeated term by term, but students should be directed to a
webpage that indicates copyright holder.
- a) Images may be downloaded from the Web for student materials
following fair use limitations, or
b) if no digital image is already available, the instructor may digitize
the image from a legally acquired analog image, if:
- Access is limited
to students enrolled in class;
- Permission is sought for repeated
- Notice of copyright accompanies image;
- If permission can not
be obtained because the rights holder to the image is unknown,
reasonable inquiry is made and keep records.
holder is not found, the image may be used for three years. Reconsideration
of the four factors of fair use in each particular instance is
- Copyrighted images may be displayed at peer conferences
and in the classroom setting without limitation;
- Copyrighted images
may be downloaded, transmitted, and printed for personal use of
students for one term;
- Copyrighted images may be used by students
in class assignments and personal portfolios.
- Institutional Image
- Permission must be sought to include images digitized
for educational purposes in an institutional image database;
institutions may digitize lawfully acquired analog collections
of images and use them for educational purposes
for one term. However,
permission is required to allow retention and use of digital
images for future educational purposes;
- Attribution and
copyright notices must be attached to images;
- The nature of
any alteration to an image should be noted.
Fair Use for Scholarship and Research
Fair use also covers the use of copyrighted materials for scholarship
and research outside the formal educational offerings of the university.
of articles and chapters for research or scholarship is permitted when
copying is at the discretion of the individual rather than as a
systematic means for a group to avoid purchasing multiple copies of
a journal or book. Copyright notice is required for each copy.
materials may be shown or displayed at peer conferences.