The guidelines for the use of copyrighted materials in online course management systems (CMS) are very similar to those applied in a “live” classroom. If something would not be considered fair use in a “live” classroom, it will generally not be considered fair use in an online course environment.
Materials posted to Blackboard under the Fair Use defense must:
Textual Material and Images (Photos, Graphics, etc):
If the material is to be used as part of an online learning module (comparable to an in-class lecture/activity/etc), follow these guidelines:
If the material would not normally be used in the course of an in-class session (e.g. readings students are expected to complete outside of class), follow these guidelines:
If the material is an audio recording of a non-dramatic literary or musical work (e.g. a poetry/short story reading or a musical recording), any portion (up to the entire work) may be posted under the TEACH Act – a Fair Use consideration need not be made.
For any audio or motion media posted to Blackboard, present the media in a format in which it is most difficult to copy. For example, use streaming media instead of posting a downloadable file.
If the material is a) a recording of a dramatic work or b) any audiovisual work (e.g. a video clip or music video), follow these guidelines: