SPS Distance Learning Blog

This page is related to Course Resources

At a Glance

Faculty in distance learning programs must understand copyright and fair use to legally use educational materials. Copyright protects creative works, but fair use allows limited use for education, depending on factors like the amount used and its impact on the original work’s market. Using minimal material for educational purposes and giving credit helps ensure compliance.

The TEACH Act allows instructors to use copyrighted materials in online courses if the materials are directly tied to the lesson, only accessible to enrolled students, and not entire textbooks or purchasable content.

When sharing resources online, it’s safer to link to materials (e.g., through a library) than upload copyrighted files. Additionally, faculty can use Creative Commons (CC) or Open Educational Resources (OER), which are free to use and distribute, often with simple conditions.

By following these principles, faculty can legally use a wide range of content in distance education while respecting copyright law.

What is my responsibility for the materials I choose?

It is not unusual to find materials for your course that are free online, or in a print magazine or newspaper to which you’re a subscriber.

Copyright law is exhaustive, and it is not your responsibility to be a copyright expert when you are seeking and selecting materials for your course. What is your responsibility is how you use and choose to distribute materials that students need for your course.

For faculty in a distance learning program, understanding copyright and fair use is crucial to using educational materials legally. Here’s a simplified guide: what comes after the colon?

Copyright Basics

• Copyright protects creative works (like books, articles, and videos) from being copied or used without permission.
• You usually need permission from the owner to use their work, unless it falls under fair use or is public domain (free to use by anyone).

Fair Use

Fair use allows limited use of copyrighted material without permission, often for educational purposes. To determine fair use, consider the following:

• Is it for non-commercial, educational use?
• Is it a factual or published work? (Factual works are more likely to be fair use than creative works like films.)
• Are you using a small part of the work? (Less is better.)
• Will it hurt the market for the original work? (If your use would replace sales, it’s less likely to be fair use.)

For fair use, always use the minimum amount necessary and credit the original creator.

TEACH Act for Online Courses

The TEACH Act of 2002 provides a framework for using copyrighted materials in online higher education, balancing the needs of educators with copyright protections. Here’s a breakdown of key aspects:

Core Principles:
• Accredited, non-profit institutions can utilize copyrighted works in online courses.
• Use must be part of mediated instructional activities, accessible only to enrolled students.
• “Reasonable and limited portions” are generally permitted, with exceptions for entire non-dramatic literary or musical works.

Do’s 
• Do stream a limited segment of a film for critical analysis within a secure, password-protected learning management system. (e.g., A media studies professor shows a 10-minute clip to demonstrate specific cinematic techniques.)
• Do read a complete poem or short story aloud during a live online lecture or within a pre-recorded presentation. (e.g., An English professor reads a classic poem and discusses its themes.)
• Do utilize a secure learning management system (LMS) that requires student logins to access course materials, preventing public access. (Northwestern uses Canvas with student authentication.)

Don’ts 
• Don’t post an entire copyrighted film or television show on a public website or streaming platform. (e.g., Uploading a full-length movie to YouTube or a personal website.)
• Don’t distribute unauthorized digital copies of textbooks, journal articles, or other copyrighted materials to all students. (e.g., Sharing a PDF of a textbook chapter without permission from the publisher.)
• Don’t allow unrestricted downloading of copyrighted video or audio files from your online course. (e.g., Providing downloadable video files without any digital rights management.)

Overall, The TEACH Act allows you to use copyrighted material in online teaching if you follow what is outlined.

Course Materials

When sharing materials online in Canvas, it’s safer to link resources like library resources rather than uploading copies of articles or videos. Always check if the material is freely available, licensed for educational use, or falls under fair use.

When you request book chapters, no more than 20% of a book may be placed on Course Reserves.

Creative Commons and Open Resources

Look for materials with a Creative Commons (CC) license or Open Educational Resources (OER), which allow free and legal use, sometimes with conditions like giving credit or sharing any modifications you make.

By following these guidelines, you can legally use content in your distance learning course and avoid copyright violations.

Conclusion

In practice, you should identify all relevant course materials, no matter the format and delivery medium. This is true for all copyrighted materials, news articles, textbook chapters, digital images, video, audio, and more.

For online teaching and learning at Northwestern University, your best bet is to source as many materials as you can through the library and add them to your course as course reserves.