Institution Requirements

  • Be an accredited nonprofit educational institution
  • Institute copyright policies
  • Provide accurate copyright information and promote copyright compliance
  • Provide notice to students that course materials may be protected by copyright
  • Content made available only to students officially enrolled in the course

Instructor Requirements:

  • Avoid use of commercial works that are sold or licensed for digital distance education
  • Avoid using of works you have reason to believe were not lawfully obtained
  • Digital transmission of work is one of the following:
    • Performance of a non-dramatic literary work; or
    • Performance of a non-dramatic musical work; or
    • Performance of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions"; or
    • Display of any work in an amount comparable to that which is typically displayed in the course of a live classroom session.
  • Avoid the use of textbooks, course packs, or other materials in any media which are typically purchased or acquired by students for their independent use and retention.
  • The performance or display is both:
    • Made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities of the educational institution; and
    • Directly related and of material assistance to the teaching content of the transmission.
  • If the work to be used has to be converted from print or another analog version to digital format, then both:
    • The amount of the work converted is no greater than the amount that can lawfully be used for the course; and
    • There is no digital version of the work available to the institution or the digital version available to the institution has technological protection that prevents its lawful use for the course.

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