Incorporating Copyrighted Educational Materials | Origin: EL114
This is a general discussion forum for the following learning topic:
Respecting Copyrights and Leveraging Available Resources --> Incorporating Copyrighted Educational Materials
Post what you've learned about this topic and how you intend to apply it. Feel free to post questions and comments too.
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?
Instructors need to be proactive rather than reactive. They are responsible for obtaining copyright permissions and best practice indicates that they should change their resources from semester to semester.
Research research research! Understand common law licenses and how to cite versus asking for copyright permissions.
Using the proper resources and learning from past mistakes can bring institutions together when it comes to abiding by laws and regulations
Curry
Lesson was very helpful and will help me develop a plan to support the required copyright program. This will help me work legally as an Adjunct Instructor with the different institutes I work with
Reach out to resources that are available as you contemplate copywriting regulations.
Instructors should always understanding the policies and procedures of the institution and ensure they are following best practices in an online classroom to help create student success.
Instructors need to know the status of their institution(s), whether a non-profit or a for-profit teaching organization. The laws are different but the importance of complying with copyright laws is the same. Following the best practices in this course (and from their institution's copyright policy guidance) will help an instructor navigate the challenges of complying with the law.
I learned about this important resource since I work for a for profit institution: "Request assistance from an independent, third party copyright permissions provider such as the Copyright Clearance Center (CCC) to verify the need for copyright permissions and to simplify the ongoing permissions process. They have a specific pay-per-use licensing service for the instructor to utilize (http://www.copyright.com/);"
The fact that you can not utilize the same videos each term for the same course such as imbedding video links into PowerPoints and reusing them each term or semester without getting permission from the copyright holder.
Institutions should develop a protocol for instructors to follow regarding the use of all types of information!!
Be aware of the resources and advice available to understand and navigate the copyright laws. They aren't too difficult as long as you put the effort forth to understand them.
The library is a great place to start for guidance about copyright resources.
Changing copywritten material each semester is a great way to stay away from infringement. The librarian could be extremely useful to faculty in this regard.
Knowing copyright laws is important. Often the library is a good place to start for guidance and the libraries of many major universities are also good resources.
Reply to Janet Smith Stasiak's post:I definitely agree with this. I feel like I have used things for the pizzazz factor and now I am thinking I have commited a copywrite infringement.
In this module I could reviewed the impact of copyright material for education uses, what laws correspond to diffrerent entities, and ways to avoid or minimize this law infringment.
In addition to my college classes, I also teach on the high school level. No wonder the district tells us to not use anything that is not district purchased, in the public domain, or available via a creative commons license.
In this module, I have learned the importance of copyright law and that instructors become as knowledgeable and proactive as possible. I will request a generic permission request form in my courses available to use anytime permission is needed.
