Using Third-Party Materials for Online Classes
With all classes moved online, we encourage instructors to work through the following considerations to make informed decisions about using third-party materials.
It is ultimately your decision whether to follow the terms you've agreed to or try to negotiate a different set of contractual terms.
If you ignore contractual terms, remember that there may be legal consequences. Reach out to the Office of General Counsel at firstname.lastname@example.org if you have any questions.
Do user’s rights apply?
Fair Use right allows the use of copyrighted materials. COVID-19 is posing unique challenges for students to obtain course materials, which in turn makes the uses of third-party materials more likely to be fair.
Fair use is also more likely to apply if instructors limit the amount of the third-party materials, the duration of the materials shown, and the size of the audience.
Can you switch to other zero-risk or low-risk options?
Try linking to the resources when possible, instead of sharing or streaming third-party materials.
Choosing public domain or Creative Commons licensed materials is also a good alternative.
Many vendors have also agreed to license their materials for free temporarily because of COVID-19.
See our guide on using video for information on streaming video specifically.