Fair use (Section 107 of the Copyright Act of 1976) balances the rights of copyright holders with the needs of scholars to promote teaching, research and the free exchange of ideas. Fair use defines particular circumstances in which it is permissible to use copyrighted material free from permissions and royalties under specified conditions detailed in the four factors of fair use. All of these factors should be considered when evaluating each use of a copyrighted work. Fair use is not a means by which to circumvent copyright law, but a legal assertion of use which will need to be justified through the careful application of these conditions. These factors must be evaluated to determine whether most of them weigh in favor of or against fair use.
The following tools and resources will provide further assistance in determining fair use.
For more information about how fair use can be an important factor in teaching online, see the below resources for guidance.
The Bentley University Library provides interlibrary loan borrowing services to current students, staff and faculty of Bentley University to support the teaching, research and service missions of the University by providing access to material not present in the Library’s collections. Bentley University Library also provides interlibrary loan lending services to other libraries. Materials may be copied and distributed through interlibrary loan when they are:
Visit Bentley Library's Interlibrary Loan page to learn more.
The TEACH Act (Section 110(2)) of the U.S. copyright law) allows educators to perform or display copyrighted works in distance education environments, albeit under specified conditions. If you would like to show a video or display an image during your online class, you may want to consider whether that use is allowable under the TEACH Act.
Implementing the TEACH Act can be difficult because of its complexity and the many detailed requirements for instructors, technologists, and institutions.
Benefits of the TEACH Act
The TEACH Act allows instructors to do the following things, again, under specified conditions:
Requirements of the TEACH Act
In order to take advantage of these benefits, instructors and institutions must meet certain policy requirements specified by the TEACH Act. Reasonable measures to assure that only enrolled students will have access to materials during the course of instruction must be in place before TEACH exemptions can be made. Consult this checklist for details. Below is a list of the primary requirements:
The requirements for complying with the TEACH Act are numerous. As opportunities for applying the TEACH Act are limited in scope, keep in mind that you may also consider applying fair use when using copyrighted works in distance education settings.
Bentley University Library supports instruction at Bentley University through the availability of course reserves and other collection access services. The primary function of these services is to ensure that students and teachers have timely and equitable access to course-related library resources.
Copyrighted materials made available via course reserve, either in print in the library or digitized on Blackboard, are for use in class, related course study outside of class, and course research. The use of copyrighted materials in all formats, including the creation, online delivery, and use of digital copies of copyrighted materials submitted for course reserve, must be in compliance with U.S. copyright law and this policy.
Materials may be copied and made available for course reserves when they are: