§110(1) of the Copyright Code addresses allowances for face-to-face instruction. This exemption covers:
- Performances/Displays by instructors/students of
- a not-for-profit institution,
- within an educational setting (classroom or other arguably instructional environment) and
- with lawfully made copies of the work.
Note that this exception does not cover reserve readings because they are not designed as in-class.
Section 6.0 of the Los Rios Copyright Policy provides Guidelines for Observing Copyright Protections.
- It is important to understand that the parameters presented in §6.2.5.1 of the LRCCD Copyright Policy regarding brevity do not come from the copyright code.
- It is a largely disseminated falsehood that there is a set limit of pages or percentage of a work that can safely be used under the educational exception or as fair use. This may originate from a 1976 report from the House of Representatives, released during deliberations on the 1976 Copyright Act, that attempted to outline some limits. However, there are no legally prescribed percentages or allowances to abide by.
- Litigation has also favored copyright owners with regard to use of “the heart of the work.” In these cases, a minimal amount of the source material may have been used by another, but if it was a part that could be deemed to represent the central part of the work that is most interesting or representative of the work, the courts can find in favor of the copyright holder if the use is not otherwise found to be Fair Use.
To round out our review of educational exemptions, we will look at implications for distance education environments codified in The Teach Act.
Copyright Home Basics Exemptions Creative Commons Fair Use
Finding Content Additional Resources
Disclaimer: The content of this page is presented for informational purposes only and is not intended to substitute for legal advice.