Professor Kolapo Ige PhD

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 databases, journal access, streaming licenses).

Confirm that LMS uploads are covered by license terms.
Review vendor agreements carefully.

Institutions should maintain a centralized copyright clearance office or librarian oversight system.

3. Link Rather Than Copy

Instead of uploading PDFs of articles:

Link directly to licensed databases

Link to lawful public websites
Use persistent URLs from the university library
Linking significantly reduces infringement risk.

4. Use Open Educational Resources (OER)

Use materials under:

Creative Commons licenses

Open textbooks
Public domain materials

Creative Commons licenses are standardized permissions provided by the nonprofit Creative Commons.

5. Seek Permission When Necessary

If:
Using large excerpts

Reproducing entire works
Posting materials repeatedly
Using materials for commercial programs
Then obtain written permission or pay licensing fees (e.g., through collective rights organizations).

6. Develop Institutional Copyright Policies

Institutions should:

Maintain clear copyright compliance policies

Provide faculty training
Conduct regular audits of LMS materials
Designate a copyright compliance officer
Maintain takedown procedures

In the U.S., institutions should comply with the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), including:

Having a registered DMCA agent

Responding promptly to takedown notices
Adopting repeat infringer policies

7. Be Careful with Coursepacks and Scanning

Courts have ruled against universities for systematic copying without licenses (e.g., electronic reserves cases). Repeated, large-scale copying—even for educational purposes—can weigh against fair use.

Best practice:

Avoid compiling unpaid digital coursepacks.

Use licensed excerpts or seek permission.

8. Address Student and Online Course Risks

For online teaching:

Use secure LMS platforms with access restricted to enrolled students.

Avoid posting copyrighted videos publicly.
Ensure recorded lectures do not embed unlicensed full-length works.

For MOOCs or publicly accessible courses, fair use is narrower due to broader distribution.

9. Keep Documentation

Maintain:

Fair use analyses
Permission records
Licensing agreements
Copyright training logs

Documentation helps demonstrate good-faith compliance and reduce statutory damages.

Institutional Risk Management Framework

Higher education institutions should adopt a three-layer approach:

1. Education

Mandatory faculty training on copyright and fair use.

2. Infrastructure
Library-managed reserves, license tracking systems, and compliance review.

3. Enforcement

Clear reporting mechanisms and DMCA response systems.

Common Litigation Triggers to Avoid

Uploading entire textbooks to LMS

Distributing scanned journal compilations
Streaming full films without license
Ignoring takedown notices
Repeated systematic copying semester after semester

Bottom Line

Copyright law balances creator rights with educational access. Instructors and institutions can significantly reduce litigation risk by:

Applying fair use carefully
Using licensed or open materials
Linking rather than copying
Documenting decisions
Implementing strong institutional compliance systems

Jared Heitz

Copyright law can apply to various things.

Maili Torres

There are so many multimedia resources that instructors can use in the classroom or share with their students in an online course. However, they must understand copyright laws, and even consider resources such as clip art to use instead.

Brandy Gustavus

To protect your own original material including power point and presentations, as well as research any borrowed material to protect and respect the original other and follow proper protocol. 

Christine Davidson

I've been using websites like Canva, Pixels, DaFont, etc...where one does not have to worry about copyright issues. 

Dandra Jackson

Comment on John Bart's post: that is a good idea to protect your work with your own copyright symbol

Dandra Jackson

This training was very informal. I know now that even using certain cartoons can be copyrighted. It is important to be aware and follow these laws, so that we are protecting ourselves and our institution as well.

Charles Curry

Curry

Part of my work involves Music. Some are music form earlier popular musicians. I find it hard sometimes to find who is the holder of these stored scores,

John Bart

Make certain I protect my original work with the copywriter symbol. 

Jennifer Lame

As an online faculty member I like to share articles and search for those in public domain, government sites or free journals so that I am not violating copyright laws.

Marion Main

Always important for instructors to examine potential copyrighted elements in content that they plan to incorporate into their course(s). 

Catherine Gorman

"The TEACH Act can also be helpful for instructors teaching in the online environment. It does have some drawbacks however in that it focuses on non-profit educational institutions only and not does apply to for-profit educational institutions." This statement from the lesson resonated with me because I teach for a for profit online school. While we rely on the Fair Use Act for educational purposes often, it makes me wonder if we're not as in compliance as we think.

Michele Davis

I did not realize we needed permission to utilize parts of television shows that could be applicable to instruction prior to sharing them with the class. 

Andrea Buls

I will be more aware when adding images or videos to ppts to make sure credit is given to the author. I will also be more aware as I am grading my students work to make sure all information is properly cited.

Christopher Brown

A lot of authors/creators will allow the use of copyrighted material if you just ask them. Some, you may have to get the license for or use a substitute. It is also important to understand the concept of Fair Use...

Tim Fager

I use computer software tools to help with anti-plagiarism efforts.

Amelia Robinson

It really is a problem to grab images, quotes, music, or other copyrighted mater online and use them in a course, thinking no-one will ever notic notice. Using public domain, creative commons, or US goverment-created works can help to avoid this. Most importantly, what the instructor uses in the course sets an example for students of what online materials are ethical to use.

Anita Mckaney

I have learned that having a plan B for copyright infringement is important. I may be using intellectual property unware and that is not acceptable in academia. I will also plan to use more clip art and less pictures.

Nancy Tosh

Intellectual property is property. As someone who has had their work stolen and plagiarized, I understand the purpose of copyrights and why using someone else's work is wrong on a very emotional level. I think learning about the law in particular is important.