• Particular attention should be given to “Fair Use” laws and the TEACH Act.
• Be aware how to obtain permission for use and how to cite sources (see Addendum 3).

Ultimately, creating original work/content is preferred.

Online faculty are responsible for identifying copyrighted materials used in their courses, citing that material appropriately and obtaining written permission to use it in the Web environment prior to course-work construction. Permission of use for materials must come from the media originator/copyright owner.

Example 1. Content that has a “use permit” from the author also requires a permit from the publisher and/or copyright holder.

Example 2. Images used (either illustrated or photographed) are not considered original work if recreated from another source. Images found on another Web site cannot be used under Fair Use.

The concept of Fair Use is still quite confusing. There are several myths of what constitutes as Fair Use. It is recommended that faculty and course designers consult the IMIC about Fair Use to ensure that SUU’s legal guidelines are being followed. It is suggested that media in which can be used in a traditional face-to-face course most-likely cannot be used in a “hybrid” (traditional setting using Internet content)/”LMS,” Internet or instructional television courses, i.e. WebCT/Breeze, EdNet.

On March 8, 2004, a policy was made to require that SCPS contracted faculty use the IMIC supplied Permission/copyright Release letter and form for all media used in SCPS courses. A copy of the memo can be found in Addendum 3. A sample of the Permission Release letter and form has been created and hyperlinked to this document. A online presentation on how to use this form is available by clicking here. Media that is used in courses without release documentation creates a breach of contract between SCPS and the contracted faculty.

Media found by SCPS or the media originator will result in:

1) The removal of the media from the course;
2) Possible departmental faculty disciplinary action;
3) Full responsibility of any legal action on contracted faculty solely, and not upon SUU, SCPS, IMIC or any SCPS/IMIC staff members;
4) Breach of SCPS contract; and
5) Possible financial reimbursement/penalty.