• Allows performance or display of protected material in a face-to-face teaching setting.
• Must be in a classroom and at a non-profit educational institution.
• Does NOT allow copying. This is an exception to the exclusive rights of performance and display, but not the right of reproduction.
• Copying may still be allowed by fair use, however.
• Performance and display in the classroom must employ a legally obtained copy – no “bootleg” copy is eligible for this exception, but borrowed copies are OK.
• A flexible exception that allows socially valuable uses of copyrighted material, including educational copying.
• Fair use applies in many situations, but its application is never certain. A good faith decision in each situation is important.
• Four factors are balanced to determine fair use:
  • The purpose of the use should be for non-profit education. If the use adds to the original in some creative way (like commenting on a poem or making a parody), the fair use argument is stronger.
  • Factual material is more susceptible to fair use; creative work like music and art gets stronger protection. Unpublished work also gets more protection
  • Use only that amount of the original work that is necessary to accomplish the educational purpose.
  • Avoid uses that substitute for purchasing available copies; damaging the market for the original counts heavily against fair use.

Adopted from Duke Scholarworks "Copyright Exceptions for Teaching"

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• Allows digital copies in course management systems under a specific set of conditions.
• Text and images may be transmitted (displayed) in amounts comparable to in-class teaching.
• Music and video may be used in portions; entire songs may be used if “non-dramatic.”
• Access must be restricted to students registered in the course, and notice that the material is protected must be given.
• Technological measures to prevent the material from being retained after the course is over or copied to others are required. Streaming of music and video is a good way to meet this requirement.

A flexible exception that allows socially valuable uses of copyrighted material, including educational copying. Fair use applies in many situations, but its application is never certain. A good faith decision in each situation is important.

Four factors are balanced to determine fair use:

• The purpose of the use should be for non-profit education. If the use adds to the original in some creative way (like commenting on a poem or making a parody), the fair use argument is stronger.
• Factual material is more susceptible to fair use; creative work like music and art gets stronger protection. Unpublished work also gets more protection
• Use only that amount of the original work that is necessary to accomplish the educational purpose.
• Avoid uses that substitute for purchasing available copies; damaging the market for the original counts heavily against fair use.

Adopted from Duke Scholarworks "Copyright Exceptions for Teaching"

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Faculty may provide supplementary materials or course readings by:

• Making materials available on password protected platforms (e.g. Moodle)
• Placing items on reserve in the library
• Distributing multiple printed copies for classroom use

All copies must bear copyright information (e.g. the name of the original work, the name of the copyright holder, terms and conditions for use of the work, and indication that further duplication is regulated by U.S. Copyright Law).

Faculty may use copyrighted works to develop curricular materials if access is limited to students enrolled in those classes and further duplication is prevented. Student assignments may also incorporate copyrighted materials, subject to these terms.

Learn more about using film in teaching, streaming resources and obtaining public performance rights on our Film Essentials page. For more assistance with streaming, email streaming@swarthmore.edu ​​​​​

The library may provide streaming video and audio as an alternative to placing items on Reserve. The Libraries will provide streaming services if:

• We own the DVD
• The copyright holder grants permission for streaming
• The necessary license for streaming is purchased

As an online service provider (OSP), the College is potentially liable for monetary damages (plus attorney's fees) if any of its subscribers provide access to material that infringes on the copyrights of others. Copyright owners are entitled to recover either their actual damages, or statutory damages that can be as high as $150,000 per work. These penalties may also be assessed against individual subscribers.

The DMCA does not require that the College police the Internet activities of its faculty, staff, or students. It requires that the College respond in specified ways when notified that infringing activity is occurring, in order to avoid institutional liability.