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:
Your materials are in the public domain
Obtaining permission from the copyright owner
Applying fair use in materials used
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