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Copyright and Course Management Systems: Educational Use of Copyrighted Materials in the United States and the United Kingdom

  • Tobi Fineberg
Published/Copyright: January 29, 2010

An overview of U.S. and UK Copyright legislation reveals that fair use/fair dealing guidelines do not directly address the use of copyrighted materials in course management systems. Although many colleges and universities develop and share their own guidelines, there is no consensus among those institutions or between those institutions and publishers. Research on the use of copyrighted materials with course management systems is lacking and, together with the absence of legal or professional association mandates, librarians and institutions are open to charges of copyright in fringement. This situation is problematic for universities and may be fueling the trend toward Open Access publication of university research. This paper reviews the existing codified guidelines for fair use of copyrighted materials from the 1970s through the present, some legal challenges that have occurred, and how some of the larger universities are currently handling the questions of fair use and licensing as they pertain to course management systems. In addition, a recommendation is made for research to bring the parties closer to an accepted set of guidelines.

Received: 2009-06-01
Accepted: 2009-08-10
Published Online: 2010-01-29
Published in Print: 2009-December

© 2009 by Walter de Gruy ter GmbH & Co. KG, Federal Republic of Germany

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