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Online course materials create special concerns for copyright compliance.  Since students are required to download materials in order to view them and use them, it is extremely important that all materials in a course site respect copyright laws.

If you are the sole author and creator of a work - then you control the copyright and do not need to seek permission from anyone else to use the materials.  However, as you develop materials, you may desire to use images, videos, PowerPoint presentations, or other materials created by others.  If you are in the "development" of online course materials, you are generally not protected under "Fair Use" - because the Fair Use assumption is that you do not have sufficient time to seek permission from the lawful owner of the copyright.  If you are in a "course building" mode - then normally you would have time to seek appropriate permission (and in either case, the "fair use" would not extend more than one semester of use).

You are obligated to get written authorization from the actual copyright owners (publishers, authors, or artists) before including their materials in your course.  It is recommended that you keep this documentation inside your course site - so that you have easy and instant access to it in case questions arise.

Since students will be accessing materials online, your syllabi should have a special policy which reminds students of their obligations to respect copyright and not to repost or reuse any of the materials found in the course (and to delete copies of the materials from their computers at the end of the course).

Be wary of sites which claim "public domain" materials - since many of these sites steal images from others and post them illegally (often to generate banner-ad revenues).  Works pass into the public domain only after their period of protection has expired (currently 70 years beyond the death of the author or creator of the work).
When it comes to sites claiming images are "public domain" - it is best to assume that they are not.

Realize that the "Instructor Resources" you receive from your textbook publishers must be checked as well.  The licensing agreements normally state that no copies or distributions of the materials are permitted.  The publisher assumes that you would only be using their materials on an LCD project in front of a traditional classroom, in which case no other person gets to "touch or copy" the files.  When you upload the files into D2L, then all students in the class get to "touch and copy" the files (they need to -- as part of being able to view the files).  If you wish to post these materials online, then you should contact the publisher to obtain permission.

Suggested Language When Contacting Publishers

When contacting textbook publishers, it is often useful to explain your desired uses in a request similar to this.

For your own safety, It is important to get this specific type of written permission - since most software license agreements (which pop up when you first load a CD from a publisher) state that materials cannot be copied or distributed.

Interpreting Fair Use

A good resource for understanding "Fair Use" of materials in instruction is provided by the Consortium of College & University Media Centers.  Their Fair Use Guidelines and Summary Index to Usable Portions of Fair Use documents are helpful in guiding what is considered legitimate "Fair Use" under Federal Copyright law (remember, these are guidelines and not actual law).

In online uses of materials which cannot prevent students from downloading a copy of materials, there is a 15-day limit on how long materials can be posted / accessed.

Finding Materials and Staying Legal

If you find an interesting video, article, or graphic - the simplest method to stay within the copyright law is to give students a link to the page rather than copying the material from the page.  This protects you - because you are not making a copy and therefore are not violating copyright (instead, you are making a referral to where the materials can be found).  Since other websites may be violating copyright by using materials they have taken from others, giving students a link to a site will always be the best method to stay within copyright guidelines.

Advertising supported sites like Hulu.com allow visitors to link to videos - but anyone watching the video must first watch a commercial.  The advertising revenues help the site pay for licensing to use the content.

For audio works, you might give your students the titles of songs or programs which are available through Apple iTunes or Rhapsody - and then the student can purchase a subscription to listen to the materials.

Creative Commons

There is a growing movement by authors, illustrators, and photographers who wish to share their works with others, and the concept is called "Creative Commons."  Creators of works will share their materials and will provide different types of Licenses on how their works can be used.  Many authors and artists will allow non-commercial, educational use of their materials.  There is even a Search tool which helps you quickly locate Creative Commons works.  An article which describes how Creative Commons affects Higher Education is 7 Things You Should Know About... Creative Commons.  

Other Sources of Materials 

• WikiMedia - source for Creative Commons works 
• PBS Video - Public Broadcasting Service programs; link to videos or browse by topic
• NPR- National Public Radio; link to programs or transcripts 
• Learner.Org Annenberg Distance Learning Telecourses and Video On Demand  
• Federal Government sites - National Institutes of Health, Centers for Disease Control and Prevention, NASA