Cole's World of Mathematics, in its entirety, is my own creation and does not represent any of my previous or current employer's positions, strategies, opinions, or policies.
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Copyright Disclaimer
I have created this website solely for educational use within my classroom setting. The Copyright Act of 1976, including Fair Use and the TEACH Act, have been used throughout this website to the best of my knowledge. All Fair Use PDF's have been secured with required passwords to open the files, as well as restrictions placed on the file to prevent printing, editing, and copying.
The use of the GeoGebra website content within this website is under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike license (version 3.0 or later). License Information can be found here: CC-BY-SA and GeoGebra Terms of Use.
Copyright Basics – Fair Use
Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder or its agent. These include instances of minimal use that do not interfere with the copyright holder's exclusive rights to reproduce and reuse the work.
The Copyright Act does not spell out the specific types of content reproduction that qualify as fair use. It offers an outline as to how to analyze whether fair use may apply in a particular situation.
U.S. Code § 107 – Limitations on Exclusive Rights: Fair Use
Notwithstanding the provisions of sections 106 and 106A, 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 –
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Exceptions for the Use of Material in an Educational Setting
Section 110 of the Copyright Act outlines provisions for the performance and display of copyright-protected content in the classroom so long as certain requirements are met.
Section 110 (1) allows for the performance and display of copyright-protected works in face-to-face classroom settings, with some specific limitations related to the use of motion pictures.
Section 110 (2) applies to distance education, including any situation where students receive materials through digital transmission.
The TEACH Act amended 110 (2) and 112 (f) for distance learning.
Copyright Basics – The TEACH Act
Signed by President Bush on November 2, 2002, the Technology, Education, and Copyright Harmonization (TEACH) Act was the product of discussion and negotiation among academic institutions, publishers, library organizations and Congress. It offered many improvements over previous regulations, specifically by amending sections 110 (2) and 112 (f) of the U.S. Copyright Act. The TEACH Act seeks to balance the perspectives of both copyright owners and content users, and provide guidance for today’s academic institutions.
A Brief Guide to TEACH
Although copyright law generally treats digital and non-digital copyright-protected works in a similar manner, special digital uses, such as online distance learning and course management systems, require special attention. Some of the special copyright requirements of online distance learning are specifically addressed by the TEACH Act.
The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act’s rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus.
Under TEACH:
I have created this website solely for educational use within my classroom setting. The Copyright Act of 1976, including Fair Use and the TEACH Act, have been used throughout this website to the best of my knowledge. All Fair Use PDF's have been secured with required passwords to open the files, as well as restrictions placed on the file to prevent printing, editing, and copying.
The use of the GeoGebra website content within this website is under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike license (version 3.0 or later). License Information can be found here: CC-BY-SA and GeoGebra Terms of Use.
Copyright Basics – Fair Use
Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder or its agent. These include instances of minimal use that do not interfere with the copyright holder's exclusive rights to reproduce and reuse the work.
The Copyright Act does not spell out the specific types of content reproduction that qualify as fair use. It offers an outline as to how to analyze whether fair use may apply in a particular situation.
U.S. Code § 107 – Limitations on Exclusive Rights: Fair Use
Notwithstanding the provisions of sections 106 and 106A, 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 –
- the purpose and character of the use, including whether such use is of a commercial nature or is a for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use open the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Exceptions for the Use of Material in an Educational Setting
Section 110 of the Copyright Act outlines provisions for the performance and display of copyright-protected content in the classroom so long as certain requirements are met.
Section 110 (1) allows for the performance and display of copyright-protected works in face-to-face classroom settings, with some specific limitations related to the use of motion pictures.
Section 110 (2) applies to distance education, including any situation where students receive materials through digital transmission.
The TEACH Act amended 110 (2) and 112 (f) for distance learning.
Copyright Basics – The TEACH Act
Signed by President Bush on November 2, 2002, the Technology, Education, and Copyright Harmonization (TEACH) Act was the product of discussion and negotiation among academic institutions, publishers, library organizations and Congress. It offered many improvements over previous regulations, specifically by amending sections 110 (2) and 112 (f) of the U.S. Copyright Act. The TEACH Act seeks to balance the perspectives of both copyright owners and content users, and provide guidance for today’s academic institutions.
A Brief Guide to TEACH
Although copyright law generally treats digital and non-digital copyright-protected works in a similar manner, special digital uses, such as online distance learning and course management systems, require special attention. Some of the special copyright requirements of online distance learning are specifically addressed by the TEACH Act.
The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act’s rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus.
Under TEACH:
- Instructors may use a wider range of works in distance learning environments.
- Students may participate in distance learning sessions from virtually any location.
- All participants enjoy greater latitude when it comes to storing, copying, and digitizing material.
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