Home learning

BergerSingerman’s Heidi Tandy discusses whatconstitutes fair use when educators in distance learning use resources duringthe Covid-19 pandemic

Heidi Tandy, Berger Singerman

The move to distance learning concepts and platforms forprobably the remainder of the school year has caused administrators andeducators alike to consider how to use their curriculums and pedagogy in digital spaces. While manyeducational content creators provide resources for educators, includingpublishers like Scholastic and Houghton Mifflin Harcourt, authors like JKRowling and Neil Gaiman, platforms like Khan Academy and Babbel, and of course,systems like Zoom, concerns remain about whether all content shared viadistance learning systems and platforms must be licensed. At least in the US,the answer is clear: under fair use, selections and portions of many books,music, videos and games can be shared among teachers and students. Althoughdigital shares of all or most of a book, film or game should be used under alicence – even a free one – during the Covid-19-impacted school term, licencegrants can be read broadly in distance-learning uses.