Fair Use

Digital Delivery in the Classroom

When the Technology, Education and Copyright Harmonization (TEACH) Act was enacted in 2002, librarians hoped that it would provide some clarity on copyright exceptions for the digital delivery of content for distance education. In reality, understanding what is permitted under the TEACH Act in combination with the Digital Millennium Copyright Act (DMCA) and existing exceptions like fair use have become more confusing to many practitioners. As a result, there are many more questions from the field about what is permitted. This piece was written in hopes of clarifying one aspect of the confusion—digital delivery of content to the “physical” classroom. Our thanks to Jonathan Band legal counsel to ALA and ARL, Peter Jaszi, Professor of Law, Faculty Director of the Glushko-Samuelson Intellectual Property Clinic at American University Washington College of Law and Kenneth D. Crews, Director of the Copyright Advisory Office at Columbia University for assistance in the drafting of and commenting on this document.

Fair Use Evaluator

The Fair Use Evaluator is an online tool that can help users understand how to determine if the use of a protected work is a "fair use." It helps users collect, organize, and document the information they may need to support a fair use claim, and provides a time-stamped PDF document for the users’ records.

Fair Use in Your Library after Georgia State

A recent federal court decision involving copyright and the Georgia State University Library may shape fair use policies in academic libraries for decades. A lower-court judge ruled that the Georgia State University Library was the "prevailing party" in a lawsuit brought by Cambridge University Press, Oxford University Press, and Sage Publications. The publishers have appealed that ruling. What does this all mean, and what does it mean for your library?