U.S. Institutions: Legal & Compliance Framework
Incorporating copyrighted educational materials into online higher education courses requires careful alignment with copyright law, institutional policy, and instructional design best practices.
U.S. colleges and universities operate primarily under:
• Copyright Act of 1976
• TEACH Act
• Americans with Disabilities Act
• Section 504 of the Rehabilitation Act
Core Compliance Elements
A. Fair Use Analysis
• Conduct and document a four-factor fair use review.
• Emphasize transformative use in online instruction.
• Avoid systematic substitution for textbooks.
B. TEACH Act Requirements
If relying on the TEACH Act:
• Content must be part of mediated instructional activity.
• Access restricted to enrolled students.
• Use “reasonable and limited portions” of audiovisual works.
• Prevent download/retention when feasible.
• Provide copyright notices.
C. Licensing & Library Agreements
• Verify database license terms before uploading PDFs.
• Prefer linking to licensed resources rather than uploading copies.
• Follow e-reserve policies.
D. Accessibility Compliance
• Caption videos.
• Provide accessible PDFs and screen-reader compatible formats.
• Coordinate with disability services.
E. Risk Management Best Practice
• Centralized copyright review support.
• Standardized fair use checklist.
• Faculty guidance documents.
• Annual training refreshers.
Summary Checklist
Before adding copyrighted material to an online course, confirm:
✔ Is it in the public domain?
✔ Is it covered by a license?
✔ Does fair use apply?
✔ Does the TEACH Act apply (if in U.S.)?
✔ Is access restricted to enrolled students?
✔ Is proper attribution provided?
✔ Is the material accessible to students with disabilities?
