Copyright

According to the U. S. Copyright Office, "Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression."

In the United States, copyright protection is part of the U.S. Constitution. (Article I, Section 8). In Article 1, section 8, Congress is given the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

 Copyright protection has been written into law--it is part of the U.S. Code, in Title 17, including:

• Title 17,  Chapter 1, Section 106 of the U.S. Code, specifies  "Exclusive Rights in Copyrighted Works". 
• Title 17, Chapter 1, Section 106A of the U.S. Code, specifies  the "Rights of Certain Authors to Attribution and Integrity".

"Fair Use" is also a part of U.S. copyright law and has become one of the most important counterbalances to the exclusive rights of a copyright owner.

As part of the Copyright Act of 1976, Congress codified the Fair Use doctrine into Section 107 of the Act, and it became part of the U.S. Code, as:

•  Title 17, Chapter 1, Section 107, "Limitations on Exclusive Rights: Fair Use"

Fair Use  Section 107 is what is legally known as an "exemption." The Fair Use exemption is an "exception to the rule," allowing certain uses of copyrighted materials, notwithstanding  Section 106 and Section 106A . 

Fair Use permits some use of copyrighted materials for educational purposes such as criticism, scholarship, comment, teaching, news reporting, and research. There are four standards for determination of fair use.

To determine if an educational use is covered under the Fair Use exemption, educators should consider these four factors:

• The purpose and character of the use, including whether such use is of a commercial nature or is 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
• The effect of the use upon the potential market for or value of the copyrighted work

These factors are broadly defined in U.S Copyright law on purpose, to ensure that the idea of fair use is responsive to a wide variety of situations, both now and in the future.  

The Digital Millennium Copyright Act of 1998 (DMCA) revised the terms on which faculty, librarians, students, and staff may use email, websites, and other technology at universities. It updated U.S. copyright law as a response to the issues of the digital age, such as technical issues and encryption. The DMCA mentions that the fair use doctrine still remains a viable defense in copyright infringement matters but does not go into extensive detail, and in section 403, distance education is mentioned. There was a directive to the Copyright Office to consult with affected groups and make timely recommendations to Congress of how to promote distance education through digital technologies. This process eventually helped lead to the creation of the TEACH Act of 2002.

• The Digital Millennium Copyright Act of 1998 (U.S. Copyright Office's summary)

The Technology, Education, and Copyright Harmonization Act (TEACH Act) (2002) was essentially an amendment to Title 17, Chapter 1, Section 110(2), "Limitations on Exclusive rights: Exemption of Certain Performances and Displays" of copyright law.  Section 110 allows instructors to show videos to groups of students as long as that viewing takes place "face-to-face" in a classroom, but the TEACH Act expanded that to include certain situations in online distance education as well, as long as some conditions are met. 

•  The Technology, Education, and Copyright Harmonization Act of
  2002 (The TEACH Act)