How does copyright work differently for online learning?
It’s important to understand the difference between teaching face to face and teaching online within the context of copyright law. Teaching face to face allows for more flexibility because resources can be more strictly controlled. For example, when you teach face to face and you show your students a PowerPoint or video clip, you aren’t necessarily giving your students access to the material forever. But when you shift to an online course, you may still only be teaching to a limited number of enrolled students, but you are now sharing works in an environment that makes it much easier to copy and share the work. And the very nature of sharing materials online can involve steps you don’t normally take in a face-to-face setting, steps that may touch on some of the rights of copyright owners.
Section 110(1) stipulates what users can do in the context of face-to-face teaching. It permits instructors to display or perform works in a place dedicated to instruction. So this permits teachers to show a film or documentary to the class granted it is relevant to course material. These same exceptions work differently for online learning. Section 110(2) or the TEACH Act provides instructors with a separate series of rights for the performance or display of works for distance learning courses.
What if I use a learning management system for my in-person class?
Follow the guidelines for the method of instruction you are using for sharing specific materials. If you are sharing materials in the physical classroom, use guidelines for Section 110(1). If plan to share materials through the LMS use best practices for resource for online learning and any exceptions that Section 110(2) may allow. If Section 110(1) or 110(2) don’t meet your needs, you can consider fair use.
I want to use something from Netflix or Hulu through my course. How do I share that with students?
Many platforms limit to personal, non-commercial use. Sharing a link or login information to a platform may violate terms of service. Consider a flipped classroom model for students to watch the material on their own time, then come ready to discuss. In some cases, you may be able to rely on the TEACH Act or fair use to stream portions of a film not available on streaming platforms.
What if I can’t meet all the requirements for the TEACH Act?
Then you can always rely on fair use. Reliance on statutory exceptions is not mutually exclusive. If you are unable to create a strong enough fair use argument, you can consider seeking permission.
Can I share slides or lectures that I have created in my online class?
It likely depends on your university’s intellectual property policy, but if you have created slides and lecture content for your students, you can likely share instructor created materials through live video conferencing or recorded lectures.