Dr. Kenneth Crews has written extensively about the guidelines and the problems of using them as a substitute for fair use. Here are some topics he touched based on distance education.
Instructors may use materials in distance education under these circumstances:
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Your materials are in the public domain
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Obtaining permission from the copyright owner
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Applying fair use in materials used
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Meeting the requirements of the TEACH Act (Technology, Education And Copyright Harmonization Act)
For information on the TEACH Act Statute, see Section 110(2) of the Copyright Act
