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.