Online Teaching
What are the copyright issues involved in using copyrighted material in online teaching? First of all, "online teaching" is intended to refer to courses that are presented entirely online as well as courses that just have an online component. The course does not have to be categorized as a "distance education" course (the copyright act never uses the term) or be offered only remotely: it simply has to be transmitting performances and/or displays of copyrighted material. The course also has to be part of the educational activities of a nonprofit educational institution.
Educational uses are favored under the copyright act since they directly support copyright's Constitutional purpose of promoting the progress of science and the useful arts. Because of this, Congress has included a number of exceptions in the copyright act that allow educational uses without the need for permission from the copyright holder.
Unlike traditional classroom teaching, there really aren't any short answers for online teaching; only complicated ones. There have been speculations concerning why this is so ranging from the entertainment industry having a more powerful lobby in Congress to overzealous concern about students sharing scientific graphs or pictures of vitamin-deficient chickens with the same enthusiasm that they share copyrighted music and movies. Whatever the reasons, they are beyond the scope of this discussion.
When placing the copyrighted material of others online, there are basically three options:
1. Compliance with the requirements of the TEACH Act [Section 110(2) of the copyright act];
2. Reliance on fair use [Section 107 of the copyright act]; or
3. Obtaining permission from the copyright holder.
How Do I Decide Which Option To Use?
As in the classroom teaching section, I recommend using the following process:
The Five-Step Approach to Analyzing Copyright Use Questions for Online Teaching
1. Is the work copyrighted? If not, no further analysis is needed. If yes or if you don’t know, read on.
2. Is the work covered by a license, such as those governing my library’s electronic journals and databases?
3. Is there a specific provision in the copyright law that supports my proposed use without seeking prior permission from the copyright holder?
4. Does the fair use provision of the copyright law justify my proposed use?
5. Do I need permission from the copyright holder for the use I propose?
Note: It is important that these questions be done in order.