4. The work I want to use in my online class is both copyrighted and free of any license. Are there any specific provisions of the copyright law that apply to online classroom use?
Yes, Section 110(2) of the copyright law (otherwise known as the “TEACH Act”) specifically applies to displaying images, playing motion pictures or sound recordings, or performing works in your online class. Since this section applies to any “transmissions” of performances or displays, cable television classes would also be included here.
There are a number of institutional and faculty member obligations that must be fulfilled in order to use the TEACH Act. Consult your library or university counsel on whether and how the TEACH Act is implemented locally. If your university cannot or does not wish to comply with TEACH Act obligations, consider whether what you have in mind for your online course is a fair use. (See question #5, below.)
If you wish to explore the TEACH Act option, read on for a description of a faculty member’s obligations.
Generally, to perform or display a work in your online class the work must be
used under your supervision
as part of the class session
as part of systematic mediated instructional activities (see 4j, below)
directly and materially related to the teaching content
The work must be lawfully made and not excerpted from a product that was specifically designed and marketed for use in an online course.
Furthermore, there are three additional requirements:
You must password protect or otherwise restrict access to your online class Web site to enrolled students, and
You must reasonably prevent your students from being able to save or print the work, i.e., control the “downstream” uses, and
You must include a general copyright warning on your class Web site.
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