Using Content: Learning Management Systems
 
Test Your Copyright Knowledge
What You Need To Know

Learning Management Systems (LMSs) are enhancing the educational experience for both face-to-face and distance learning by making it easier for students and instructors to communicate, teach and learn. While the value of an LMS is clear, there is much confusion when it comes to LMSs and copyright.

Many LMS vendors offer publisher-created content with their systems. They also offer schools and faculty the tools required for uploading and posting content including readings and course syllabi as well as other functionality, such as interactive student chat; instructor Q&A; student monitoring, testing and assessment; and grading and other class management functions. These easy to use tools allow instructors and others to upload information themselves, bypassing traditional controls for securing copyright permission and placing a new responsibility on instructors and IT departments.

Instructors, IT department personnel, staff members and others who upload content to an LMS often believe that because the content is password-protected, copyright permission is not required or that someone else has obtained it prior to the registration process. This is not true. Unlike publisher-created content from the LMS vendor (who has already obtained the necessary permission), content that is uploaded by faculty members and others typically requires copyright permission.

When it comes to copyright, there is no difference between digital and paper-based environments. While LMSs often replace the use of coursepacks, classroom handouts and library reserves, traditional copyright rules still apply. If you need permission to use the content in paper format (such as the content available to multiple students in coursepacks), you almost certainly need it to use the content in an electronic format (such as the content available to multiple students through an LMS).

To clarify the copyright requirements for an LMS, consider the following guidelines:

  • Vendor-provided content This is content developed by publishers and sold with, or in addition to, the LMS. Copyright licensing is usually included in the price of the content; therefore copyright requirements are likely to have been met.
  • Content uploaded by faculty, staff or others This is content not provided by the LMS vendor, that is added to the LMS. The institution must adhere to traditional copyright law in reproducing this content for use by multiple students. In general, if you need to obtain permission to use the content in paper format, you probably need permission to use it in electronic format as well.
  • Library-provided content This is content that is licensed by library or institution license, and is available as part of its regular holdings or through subscriptions. Access to this content by faculty, students and others is governed by the license for the content. Review the current license carefully to determine what copyright permission is included, if any.

In 2002, the Technology, Education and Copyright Harmonization (TEACH) Act became law. The TEACH Act has expanded the scope of fair use for the performance and display of copyright-protected materials in a distance education environment, including by means of an LMS. Click here for more information on the TEACH Act.