Teaching From Someone Else's Book: Copyright in Classrooms, Course Materials, and Learning Platforms
By Casey Scott McKay ·
Educational copyright is not a general exception and never was, which is why the confident classroom folklore about ten percent rules and educational purpose fails whenever anyone tests it. This article works the two real statutory exemptions, section 110's face-to-face classroom provision and the TEACH Act's much narrower digital transmission scheme, and explains why fair use rather than either of them carries most institutional practice. It then addresses the ownership question the sector has never fully resolved, the academic exceptionalism that operates as custom against the plain text of the work made for hire doctrine, and the platform terms that quietly reallocate rights in faculty and student material. It closes on the practical posture that keeps institutions out of trouble.
IP and Technology > Copyright | Article | Published 18 September 2025 - Updated 23 January 2026 | Casey Scott McKay - marksy.us
Summary. Educational copyright is not a general exception and never was, which is why the confident classroom folklore about ten percent rules and educational purpose fails whenever anyone tests it. This article works the two real statutory exemptions, section 110's face-to-face classroom provision and the TEACH Act's much narrower digital transmission scheme, and explains why fair use rather than either of them carries most institutional practice. It then addresses the ownership question the sector has never fully resolved, the academic exceptionalism that operates as custom against the plain text of the work made for hire doctrine, and the platform terms that quietly reallocate rights in faculty and student material. It closes on the practical posture that keeps institutions out of trouble.
Keywords: educational copyright · classroom exemption · face to face teaching · TEACH Act · digital transmission · course packs · coursework reserves · e-reserves · fair use in education · faculty ownership · academic exceptionalism · work made for hire · learning management systems · platform terms · student work · lecture recording · open educational resources · textbook affordability · licensing collectives · institutional liability
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