Section 107 of the Copyright Act of 1976 describes criteria to be considered when using copyrighted material without the permission of the copyright holder. This exemption is known as "fair use."
Thus, academic uses may qualify as a fair use. There are a few things to be aware of, though:
Keeping those points in mind, the four fair use factors (ALL must be met) provided in Section 107 of the Copyright Act are:
Obtain Permission for Materials Posted to D2L
Online educators frequently post course materials which include articles, book chapters, podcasts and streaming videos on their websites. These postings must be in compliance with copyright law which gives automatic protection to almost everything. To be “safe” it is recommended to assume that everything is copyrighted and to obtain permission from the copyright holder if in doubt.
Use Creative Commons Materials
Another option is to use material with a Creative Commons License. It is also advisable to provide a link to a website rather than copying the material. Of course material that is in the public domain may be used. In general works published prior to 1923 in the U.S. are in the public domain.
The Technology, Education and Copyright Harmonization Act (TEACH) was passed in 2002 to amend the Copyright Act of 1976. It covers distance education and classroom teaching with an online component.
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