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Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.
Under California Education Code Section 51512, it indeed is illegal for any person including a student to use an electronic device to record what is happening in the classroom without the consent of the teacher.
Fair use permits a party to use a copyrighted work without the copyright owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research. Use for one of these illustrative purposes is not automatically fair, and uses for other purposes can be
While Florida is a two-party consent state, courts don't apply the law to recordings made in a party's place of business. Therefore, even secret classroom recordings without a teacher's consent were found to not be illegal.
Copyright is an important form of protection that gives the student rights over reproduction, public display, public distribution, public performance, and creation of derivative works from their copyrighted works.
Generally, it's probably against your school policies to pull out an audio recording device to capture a lecture without the consent of the professor or university. Some institutions may be more relaxed in their policies, but ultimately may be at the discretion of the teacher.
Florida's recording law is a "two-party consent" law. This means that all individuals engaged in a private conversation must all consent to any audio recording of the conversation to be legal. For example, you are prohibited from recording a phone call without every person's consent.
Secretly recording another person in Florida is a felony, but many lawmakers were willing to carve out an exception in the state law if the person being secretly recorded was a professor at a public university. In the end, the bill was passed with the secrecy provision deleted.
Fair Use allows limited use of copyrighted works without requiring permission from the copyright holder for a number of educational purposes -- commentary, criticism, research, teaching, or scholarship.