After reading the required articles, and others Fair Use documentation it appears that the Fair Use has been modified to accommodate online learning. As an online instructor, one must know what is and is not fair use. Copyright laws – which cover anything posted to the Internet must be followed or the instructor’s use must fall under Fair Use. Simply stating that the material is used in an educational setting is not sufficient. According to Copyright-and-Fair-Use-Issues-in-Online-Education, if an instructor, or anyone is copying work to use in an online setting instead of purchasing the material you have violated Fair Use. Instructors cannot copy part of a textbook to keep students from buying the textbook. The article also stated that many universities are not providing attorneys for instructors who are charged with a copyright violation. Therefore the instructor will have to hire and pay for their own defense.
The TEACH Act allows for copyright exemptions only when the following criteria are met:
- The institution must be an accredited, non-profit educational institution.
- The use must be part of mediated instructional activities.
- The use must be limited to a specific number of students enrolled in a specific class.
- The use must either be for ‘live’ or asynchronous class sessions.
- The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses.
The following link provides a good summation of both:
TOOL Quest Create 3.1.2