The use of course management systems such as Blackboard by instructors to make digitized course-related material available to students should be considered an extension of the physical classroom, thereby subject to the same fair use copyright laws that have governed traditional face-to-face course instruction. Until recently, the 1976 Agreement on Guidelines for Classroom Copying of Books and Periodicals had been considered the benchmark for applying fair use to classroom instruction. However, a recent fair use court ruling has concluded that these guidelines are not legally binding and are not an appropriate standard for determining what does and does not qualify as a fair use. A careful fair use analysis must be applied whenever any copyrighted content is placed on Blackboard. The Association of Research Libraries, in its 2012 Code of Best Practices in Fair Use for Academic and Research Libraries, presents the following set of limitations to be considered when using copyrighted works on digital networks to further instructional purposes. These limitations are based upon an interpretation of fair use. They are not to be considered legally binding; rather, they should be used in informing responsible decisions regarding the digitizing and dissemination of copyrighted materials.
Book chapters, journal articles, and excerpts from other published materials, whether in print or online, may be disseminated to students via learning management systems such as Blackboard without permission from publishers or rightsholders under certain conditions specified within U.S. copyright law. Below are best practices to assist in determining whether any proposed use of such material would meet these conditions.
Best Practices:
Incorporating images (photographs, illustrations, figures, charts, and graphs), can enhance instruction and contribute to student learning. Consider the following when using images in the course of online instruction.
Best Practices:
The use of sound recordings (music, spoken word) can enhance a lesson or contribute to student learning. Consider the following when using audio media in the course of online instruction.
Best Practices:
Current technology has enabled the incorporation of motion media into multimedia projects with relative ease. Yet, the various formats available (video, DVD, streaming media) all remain subject to copyright law and any use must be evaluated in the same manner as other media. Permission is required for any use that does not fall within fair use.
Best Practices: