Copyright Implications: Shifting Your Course Online
You may face multiple pedagogical and technical hurdles when rapidly shifting your face-to-face course to online delivery. Luckily, the copyright issues are minimal. If it was okay to use specific materials in your in-person class, it is often okay to do online, especially when your online access is limited to the same enrolled students. See more information below.
For assistance with handling the pedagogical and technical challenges, contact Course Reserves. For detailed copyright information, see our copyright guide.
Lecture videos & live-casting lectures
Use of audio or video in recorded or live lectures
When using copyrighted audio or video content in your course, the differences between online and in-person teaching is a bit complex. Playing audio or video from physical media during an in-person class session is allowable under the Classroom Use exception (§110(1)) to copyright law. However, that exemption does not cover playing the same media online. If you can limit audio and video use for your course to relatively brief clips, you may be able to include those in lecture recordings or live-casts under the Fair Use exception (§107) to copyright law. For media use longer than brief clips, you may need to have students independently access the content outside of your lecture videos.
Cline Library has licensed access to streaming video databases, including Films on Demand and AVON which you can easily use in your online course. Licensed sources for streaming audio content are available through Naxos and DRAM. Contact Course Reserves for more information about accessing and requesting streaming video content.
If you are legally showing slide images in class, it is likely legal to show them to students via live video conferencing or in recorded videos. Though there are differences in the exceptions to copyright between in-person and online course - the issue is usually less offline versus online than a restricted versus an unrestricted audience. As long as it is shared through BBLearn for which access is limited to enrolled students, the legal issues are similar.
Posting Your Videos
Information Technology Services, the Teaching & Learning Center, and NAU Online have launched an information site to help faculty add basic content and activities to Blackboard Learn along with recommendations for communication with students.
ITS Support is available should you need assistance with Blackboard Learn, Collaborate, or other technologies.
Sharing Resources with Students
If you want to share additional materials with students or if you want students to share more resources with each other in an online discussion board, keep in mind some simple guidelines:
It's always safest to link!
Linking to publicly available online content like news websites, existing online videos, etc. is rarely a copyright issue. Though be aware that these links may change or break.
Linking to licensed (subscription)content through the Libraries is also a great option - a lot of our subscription content will have DOIs, PURLs, or other "permalink" options, all of which allow access for off-campus users. While posting downloadable PDFs of licensed content may be legally allowable, we strongly recommend that you post a link to the content. This is preferred practice because a) linking to copyright-protected content is never a violation of copyright, and b) having students access the content via URL rather than download provides us more accurate usage data.
Making copies of new materials for students (by downloading and uploading files, or by scanning from physical documents) can present some copyright issues, but these issues are the same whether you are sharing in-person or online. Copying portions of works to share with students will often fall under the fair use exception to U.S. Copyright law.
To determine if a particular use of a work might qualify as fair use, the following four factors must be considered:
Purpose and character of the use
Nature of the copyrighted work
Amount and substantiality of the portion used in relation to the whole work
Effect of the use upon the potential market for the copyrighted work
The fair use doctrine does not dictate strict limits to the amount of material that can be copied and still fall within the fair use exception. Rather, the doctrine states that you should use only the amount of a copyrighted work necessary to serve the purpose of your use (e.g. to meet the learning outcomes or pedagogical objectives of your course).