Disclaimer! The content of this guide is for informational purposes only and does not constitute legal advice.
Chamberlain is a private sector college. This means that copyright is handled very differently at Chamberlain than at other universities. This is because, according to Ferullo (2011), "The education exceptions under 110 (1) and (2) specifically state that the exceptions apply only to accredited nonprofit educational institutions." In addition, Ferullo (2011) states "The fair use exception, section 107 of the U.S. copyright law, is generally the only avenue for-profits can take in an educational setting."
If you are not familiar with fair use, this guide will provide some basic background information. However, because extreme care is required when using copyrighted materials at Chamberlain University, if you have any doubts, please contact your professor, your dean, or your manager for guidance.
Fair use is a concept in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder.
The key provision of the law is U. S. Code, Title 17 § 107, which states in part:
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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The below link will provide additional information regarding the fair use of materials under the law.
Note! Analyzing the Fair Use concept for Chamberlain is complex. Apply this with great caution!
The government is the best place to find information about copyright law. Below are some links to information on different aspects of copyright law that will be a great place for you to explore to start to understand the ins and outs of copyright law.
The TEACH Act applies only to accredited not-for-profit educational institutions. Chamberlain is a private sector college.
The Technology, Education and Copyright Harmonization Act (aka TEACH Act) was enacted in 2002 as an amendment to Section 110(2) of the Copyright Act. It is, in fact, simply the current version of Section 110(2) and is not a separate law.
Read about the legislative history and other information about TEACH Act at the links below:
Ferullo, D. (2011). Copyright and for-profit colleges. The Copyright & New Media Law Newsletter, 15(1), 6-8.
United States Code, Supplement 4, Title 17 § 107 (2006).
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