There are 3 exceptions within copyright law for educators:
- Face to Face Teaching (17 USC 110) Allows performances or display of copyrighted works in a classroom setting at a non-profit educational institution if instructor is physically present.
- Distance Education (17 USC 110.2 TEACH Act) Within a course management system, digital copies of copyrighted works may be made if
- access is limited only to students in the course.
- measures are taken to prevent copying (for example streaming as opposed to downloadable video.)
- text and images are used in amounts similar to what would be used in a face to face classroom.
- Usually only portions of video and music are allowed.
- Fair Use (17 USC 107) Fair use is described by 17 USC 107 :
...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
An analysis of the four factors of fair use will not usually result in a clear yes or no answer to the question of can you use the material. Fair use is about finding a way to do what you need to do in a way that is most clearly legal and low risk.