1. Is the work a digital educational work, i.e., a work produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks?
No: Proceed
Yes: seek Fair Use, Permissions, or Licensing
2. Is the work lawfully made and acquired?
Yes: Proceed
No: Stop
Don't Know: Would a reasonable evaluation indicate the origin of the work to be questionable? If so, stop.
3. Is the work
* An integral part of the class session?
* Part of systematic mediated instructional activities?
* Directly related and of material assistance to the teaching content?
Yes: Proceed
No: Reevaluate use of the work or seek Fair Use, Permissions, or Licensing.
4. Amounts allowed:
* Nondramatic literary works: All
* Nondramatic musical works: All
* Any other works:
Performances – Reasonable portions in an amount comparable to that performed in live classroom
Displays – Amount comparable to that performed in live classroom
Yes: Proceed
No: Stop; seek Fair Use ,Permissions, or Licensing
Authentication
5. Is transmission of the work limited, as technically feasible, to students enrolled in the course?
Yes: Proceed
No: Stop; seek Fair Use ,Permissions, or Licensing
D. Downstream Controls
6. Have you implemented reasonable measures to prevent retention of the works for longer than the class session? And, have you implemented reasonable measure to prevent unauthorized further dissemination in accessible form by the recipients?
Yes: Proceed
No: Stop; seek Fair Use ,Permissions,
or Licensing
E. Conversion: Analog to Digital
7. Is there a digital version of the work available to the institution?
Yes: Is the digital version technologically protected to prevent TEACH uses?
Yes: Conversion of analog to digital permitted
No: Conversion of analog to digital not permitted
No: Conversion of analog to
digital permitted
F. Notice to Students
8. Is there a notice accompanying the work notifying students that the work may be protected by copyright?
Yes: Proceed
No: Provide one with the materials; Example: “The materials on this course Web site are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.”