The law permits faculty to provide access to copyrighted material for registered students using an online course site such as Canvas, but copyright (and sometimes licensing) restrictions still apply.
Articles and other materials from library databases are subject to license agreements that specify how database contents may be used. For the majority of our licensed databases, fair use applies, allowing instructors to post scans of individual articles or select book chapters into Canvas for their students to access.
In addition, nearly all database materials can be made available through Canvas by linking to the appropriate database. Linking is just as easy as attaching a PDF.
The Technology, Education, and Copyright Harmonization Act of 2001 applies to the performance and display of copyrighted. work.
It permits instructors of non-profit educational institutions to display audio-visual and other works for distance education courses in a manner comparable to what would be permitted in a live, face-to-face classroom.
Under the TEACH Act, instructors may make available online for student use:
The material must only be made available to students enrolled in a particular course (e.g., under the password-protected auspices of a Course Management System) and only during the time period (e.g., quarter, semester, summer session) of that particular course. In addition, the material must be accompanied by a notice to students that it only be used in accordance with copyright law and the copyright policy of the institution.
For more information about the TEACH Act and how it applies, see this checklist from University of Texas Library.
It should be noted that the TEACH Act stands apart from the Fair Use exception. Even if an instructor is unable to make material available to students under the TEACH Act, the use still may qualify for Fair Use protection.
Quick list for the TEACH Act requirements to use a work in an online class (this is NOT legal advice):
Audio and video materials can be made available to students online through Canvas:
In addition, copyright law provides a classroom exception in section 110(1) allowing instructors to show entire copyrighted works during the course of a face-to-face class session.
Uploading full-length films from DVDs into Canvas is not generally supported by fair use or other exceptions to copyright law. A much better practice is to request an authorized copy of the film for streaming into Canvas.
Please contact the UCC Library for your collection development requests related to streaming video for your courses.
The information presented in this guide is intended for informational purposes and should not be construed as legal advice. The content in this guide was adapted from the Copyright guide from NYU Libraries.
Umpqua Community College Library, 1140 Umpqua College Rd., Roseburg, OR 97470, 541-440-4640
Except where otherwise noted, content in these research guides is licensed under a Creative Commons Attribution 4.0 International License.