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Here is a concise legal overview of the implications of infringing Fair Use and the TEACH Act in a for-profit online education context.

1. Fair Use Infringement

Legal Basis: Copyright Act of 1976 (17 U.S.C. §107)

What Fair Use Allows

Fair use permits limited use of copyrighted works without permission based on four factors:

Purpose and character of the use (commercial vs. nonprofit, transformative nature)

Nature of the copyrighted work
Amount and substantiality used
Effect on the market value

For for-profit institutions, the “commercial purpose” factor often weighs against fair use, though it is not automatically disqualifying.

Legal Implications of… >>>

 


Legality Issues on the conceptual topics of

“fair use “ and  “TEACH Act”

Whether an online instructor and a for-profit educational institution are liable for copyright infringement when relying on “fair use” or the TEACH Act to transmit copyrighted materials in an online course without permission.

Rule

Under the Copyright Act of 1976 (17 U.S.C. §106), copyright holders have exclusive rights to reproduce, distribute, publicly perform, and display their works.

Fair Use (17 U.S.C. §107) permits limited unauthorized use based on four factors:

Purpose and character of the use (including whether commercial and/or transformative)

Nature of the copyrighted work… >>>

Fundamental Principles of Copyright Law

Copyright law protects original works of authorship and gives creators certain exclusive rights. While the specifics vary by country, most systems (including the U.S., U.K., EU, Canada, and others) share these core principles:

1. Originality

A work must be original—meaning independently created and showing at least minimal creativity. It does not need to be novel, just not copied.

2. Fixation

The work must be fixed in a tangible medium (written, recorded, saved digitally, etc.). Ideas alone are not protected—only their expression.

3. Automatic Protection

Under the Berne Convention, copyright protection arises automatically upon creation. Registration… >>>

How Instructors and Higher Education Institutions Can Avoid Copyright Litigation

Higher education environments are high-risk for infringement because they involve reproduction, distribution, streaming, scanning, and uploading materials.

Below are practical compliance strategies:

1. Understand and Apply Fair Use (U.S.) or Fair Dealing (Other Jurisdictions)

In the U.S., fair use considers four factors:

Purpose and character (nonprofit educational use weighs in favor)

Nature of the work
Amount used
Effect on the market

Best practice:

Use only what is necessary, avoid substituting for textbooks, and document your fair use analysis when in doubt.

2. Use Licensed Materials

Rely on institutional subscriptions (library… >>>

Keep everything organized, intentional, and easy for students to follow. Choosing media that actually supports the lesson, not distracts from it.

Online courses need clear structure, easy navigation, and consistent components so students always know where they’re going. Feedback is a huge part of keeping everyone on track.

Good online learning activities need to be clear, engaging, and directly tied to the course goals, and that using both synchronous and asynchronous discussions can really boost how students connect with the material.

Quality online courses are clear, easy to navigate, and built in a way that keeps students engaged without overwhelming them.

MERLOT is one example of an RLO index that provides free and open online teaching and learning resources for instructors. I did enjoy the health physics link and will try to apply it to me class instruction.

Most of my training in a Laboratory class has been involving (PBL) Problem Based Learning , and i think it helps the students to become more critical thinkers at problem solving.

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