license or agreement must be approved in accordance with standard UNA procedures for contract approval.
5) QUALIFYING FOR AN EXCEPTION The three most common copyright authorization exceptions are outlined here. Anyone choosing to make use of another's materials with the belief that it is permitted under one of these exceptions should document their determination that the exception applies and maintain such documentation as outlined in Section 6 below. If there is any question as to the applicability of the exception, UNA's General Counsel should be consulted. a. Classroom Exception Just as it sounds, the Classroom Exception allows for the performance or display of copyrighted works by faculty or students when they are face-to-face in a physical classroom. To qualify for this exception:
• The use must be face-to-face in a physical (not virtual) classroom; • The materials being performed or displayed must be legally obtained; and • The use must be made on behalf of a non-profit educational institution.
This exception does not cover use of material in a virtual classroom, reproduction or distribution of materials as part of handouts or assignments, use in learning management systems, or in an e-reserve system. If you need to use copyrighted materials for those purposes see the exceptions for the TEACH Act or Fair Use. b. TEACH Act The Technology, Education, and Copyright Harmonization Act of 2002 ("TEACH Act") updated Section 110 of the Copyright Act to provide for use of copyrighted materials in certain virtual education settings. The implications of the TEACH Act are nuanced, but it generally expands an educator's ability to perform and display copyrighted works in digital online instruction settings, without permission of the copyright holder. However, as with the Classroom Exception, there are conditions that must be met to qualify for this exemption. Application of those conditions is often detailed and confusing and fair use should be considered as an alternative exception in those situations. The TEACH Act permits: • Transmitting performances of all of a non-dramatic literary or musical work. This includes poetry or short stories, but does not include audiovisual works, and musical works except for opera, music videos, and musicals. • Transmitting "reasonable and limited portions" of any other performance. This includes audio visual works such as films and videos and dramatic musical works, but the use must be for reasonable and limited portions. • Transmitting displays of any work in amounts comparable to typical face-to-face displays. This includes all types of still images. In addition to the requirements regarding the types of works, these additional requirements apply: • The performance or display must be by or at the direction of, or under supervision of, an instructor, and be conducted as an integral part of a class session at an accredited nonprofit educational institution. • The performance or display must be directly related and of material assistance to the teaching content of the transmission. • The transmission must be solely for, and to the extent technically feasible, the reception of the transmission must be limited to students officially enrolled in the course.
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