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 use 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 use for the course.