4) SECURING PERMISSION Anyone who wishes to use a copyrighted work as a part of the creation of scholarly, instructional, or work-related materials or media must either confirm the work qualifies for an exception to the requirement to obtain permission or must obtain written permission from the copyright owner. Email correspondence is sufficient to meet the requirement for a writing, but permission granted in a phone call or other verbal conversation is not sufficient. The permission must specify the use that is permitted, for example, display in a live classroom, use in virtual learning, distribution to students, posting in a learning management system, use in course materials, use in lectures outside of the classroom or for speaking engagements, etc. If the permission from the copyright owner requires a fee, the person seeking permission to use the copyrighted work is responsible for ensuring that funds are available to cover such fee. If the permission from the copyright owner requires negotiation of a license or other agreement granting permission, such 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.
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