Using Course Management Systems Licensing Copyrights
USING
COURSE MANAGEMENT SYSTEMS
Guidelines and Best Practices for Copyright Compliance
PAGE 2
USING COURSE MANAGEMENT SYSTEMS
THE MOVEMENT TO COURSE MANAGEMENT SYSTEMS
Industry experts estimate that more than 90% of U.S. colleges and universities use course management
systems. These systems are used to post and distribute tens of thousands of copyrighted articles, book
excerpts, charts and research data every year. Although many institutions are working hard to address
intellectual property issues associated with such usage, copyright policy for course management systems
remains inconsistent across campuses and among individual users.
BEST PRACTICES AND GUIDELINES FOR COPYRIGHT AND
COURSE MANAGEMENT SYSTEMS
As course management systems and other technologies make copyrighted content more easily accessible
by faculty, staff members and other campus personnel, establishing campus-wide policies for the lawful
use of content is becoming increasingly critical.The following principles summarize key guidelines and
encapsulate examples of best practices followed by many academic institutions regarding the posting and
management of copyrighted content in course management systems.
I Online Doesn’t Mean “Free” – Widespread use of the Internet has fostered misconceptions
concerning the lawful use of copyrighted information in electronic form. In short, the same
copyright rules apply. Simply because content is placed online in a course management system does
not mean it is free from copyright protection. Unless fair use or another exception applies, make
sure you have permission before posting content. For a sample fair use analysis checklist, visit
www.copyright.com/fairusechecklist.
I Limit Course Materials to Small Excerpts – Most experts advise using a single article or chapter,
or less, of a copyrighted work, but even brief excerpts must be viewed in the overall context of other
readings offered for a course. If the total effect is to create a compilation or “digital coursepack” of
unlicensed materials, the case for treating individual excerpts as fair use is significantly weakened and
permission should be sought.
I Course Management System Postings Require the Same Permissions as Coursepacks –
While there are obvious savings—financial and environmental—in eliminating paper copies or
coursepacks, traditional copyright rules still apply when using digital technology such as course
management systems: when fair use does not apply, the institution must obtain permission from the
rightsholder or its agent, who may charge a fee for such permission based on the amount of
content and the number of people, usually students, who will view the content.
I Course Management Systems Are Not a Substitute for the Purchase of Coursepacks
and Textbooks – It violates the intent, spirit and letter of the law to use course management
systems as a substitute for the purchase of books, subscriptions or other materials when substantial
portions of the material are required for educational purposes.
I Article Links – Providing a link to the content in an online database subscribed to by the institution’s
library is allowed under copyright law provided the user is a current member of the institution.
I Get Permission Before Posting – You must secure copyright permissions prior to posting
content. Reposting of the same material for use in a subsequent semester requires a new permission.
USING COURSE MANAGEMENT SYSTEMS
PAGE 3
I Passwords Are a Good Start – Restricting access to copyrighted content in course management
systems through passwords or other authentication measures is a helpful, good-faith practice
because rightsholders typically grant permission and charge fees based on the number of students
enrolled in a course. In fact, these types of protections may make rightsholders more likely to grant
permission, since they provide a greater level of control than do paper coursepacks. Still, the use of
authentication measures, such as passwords by themselves, is not enough to satisfy the fair use
standard, and permission is still required prior to use of the content.
I Know WhatYou’ve Paid For – Reuse rights included in subscriptions vary greatly by publisher.
Be sure to check your license’s terms and conditions to determine if the rightsholder has granted
you permission to post the copyrighted work within a course management system. This can
alleviate the need to request permission and ensure you don’t pay twice for rights you already hold.
I Work From Authorized Originals – When scanning in paper materials (such as textbooks) to
create electronic copies, be sure that you are working from legally obtained original copies of the
work, either purchased or owned by the institution.
I Remove Expired Course Materials Promptly – Make sure you take down (or remove access
to) copyrighted materials for a particular class when the term concludes.
I Include Copyright Notices – Materials posted in a course management system should contain
both the copyright notice from, and a complete citation to, the original material, as well as a clear
caution against further electronic distribution.
THE BEST WAY TO SECURE COPYRIGHT PERMISSION FOR
YOUR COURSE MANAGEMENT SYSTEMS
Copyright Clearance Center makes it easy to obtain permission to use copyrighted
content in course management systems. Our convenient online services enable
academic institutions—including librarians, faculty and staff, administrators,
reprographic services and campus bookstores—to obtain permission to use and to
For more
share information with students, colleagues, alumni, the media and more.
information,
Go to copyright.com for instant permission to use copyrighted content from
please visit
tens of thousands of works—including the leading titles in science, technology,
medicine, business and news—in course management systems, as well as e-reserves,
copyright.com
interlibrary loan, document delivery, print and electronic coursepacks, classroom
handouts and many other formats.
For more information about Copyright Clearance Center’s compliance solutions,
please e-mail us at info@copyright.com or call us at 978-750-8400.
222 Rosewood Drive
Danvers, MA 01923
Tel: +1.978.750.8400
Fax: +1.978.646.8600
www.copyright.com
© 2009 COPYRIGHT CLEARANCE CENTER, INC.
Al rights reserved. Copyright Clearance Center and the Copyright Clearance Center logo are
registered trademarks of Copyright Clearance Center, Inc.
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