Last revised on 2/3/2025 by kk.
Overview
This article provides an overview of common concepts related to copyright in online courses and shares best practices for finding and using free educational materials.
Navigating Copyright in Online Courses
As university instructors, it is important to present content to students using various forms of multimedia such as websites, journal articles, videos, audio recordings, and images. However, “nearly everything online is copyrighted” (Hobbs, 2010, p. 2), and navigating copyright is different for online courses than in-person courses.
“[Instructors] may perform or display copyrighted materials in face-to-face teaching activities in a classroom without seeking permission from the copyright holder. This exemption does not apply to online teaching or course management systems. 17 U.S.C. § 110(1)” (UConn Library, n.d.-a). Without licensing, fair use, or permission, uploading copyrighted material to HuskyCT (Blackboard) is considered unauthorized copying and distribution and violates copyright law. Linking to websites and embedding videos does not make a copy and is therefore permissible.
Key Terms
- [Copyright] License: Permission from the copyright owner to use their work under certain conditions. (Kaminsky, 2023).
- Clearance: “A general term used to describe the process by which permission [a license] is granted” (Stim, n.d./2019, para. 3).
- Royalty-Free: A license that allows the licensee to use the material (e.g., image) as many times as they’d like without paying the copyright owner for each individual use. The license itself typically costs money, but once that licensing fee is paid, each use of the material is free (Mehvar, 2024).
- Creative Commons (CC): A nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools.
- Creative Commons (CC) Licenses: “Open licenses available to any copyright holder or content creator to use for free. The goal is to keep creative works protected under copyright law but to make them available for use by others in a variety of ways determined by the creator. When a CC license is applied to a copyrighted work, the author declares what can and cannot be done with that work by any user, and users know what they can do with a work without needing to ask permission” (Schaefer, 2023). Refer to the UConn Library Guide on Creative Commons Licenses for more information.
- NonCommercial (NC): An element in CC Licenses that limits use of the work to noncommercial purposes only. Whether a purpose is commercial or noncommercial is defined by the use, not the user (Creative Commons, 2025). There has been debate whether the use of works in a course [that charges tuition or program fees] at a public university is commercial or noncommercial (Lowe, n.d.). With lack of consensus, it’s recommended to only use works licensed to permit commercial use (Creative Commons, 2024; “Noncommercial Interpretation,” 2017).
- Public Domain: Works that are not protected by copyrights (e.g., copyright has expired) and may be used without restriction (Hobbs, 2010; UConn Library, n.d.-b). A CC0 license allows creators to place their work in the public domain.
- Open Educational Resources (OER): “Teaching, learning, and research materials that reside in the public domain or have been released under an open license that permits their free use and adaptation by others” (Creative Commons, n.d.). Refer to the UConn Library’s website on Open Education for more information.
- Fair Use: An exemption that allows use of copyrighted material without seeking permission. Determining fair use requires consideration of several factors. Instructors considering using material under fair use should complete a fair use evaluation (UConn Library, n.d.-b) and keep it on file in the course.
- Attribution: Giving appropriate credit to the creator of the work. (Similar to citing sources in a research paper.)
Finding and Using Free Content
Fortunately, there are many free materials that can be used in online courses legally. This is not an exhaustive list but provides a starting point.
- Creative Commons Search Portal: Search tool for CC licensed works across multiple sources.
- List of Major Creative Commons Licensed Works on Wikipedia: “List of notable works available under a Creative Commons license.”
- OER Resources: List of common OER sources compiled by Creative Commons.
For more information on images specifically, refer to the eCampus Knowledge Base article on Finding and Using Free Images.
Citing Materials (i.e., Attribution)
Using these free materials requires giving credit to the creator. As a result, it is important to model good digital citizenship to students when finding and using learning materials online. Follow these recommended practices for attribution.
Using Generative AI to Create Content
Generative AI is another way to legally use free content in a course. AI-generated works currently cannot be copyrighted in the U.S. and are in the public domain unless a human being sufficiently modifies the direct output to create a new creative work (Martin, 2024; Zirpoli, 2023). However, AI-generated outputs may still violate copyright law if the output is “substantially similar” to existing copyrighted works (Zirpoli, 2023).
While many generative AI tools can create content, Microsoft Copilot is the preferred option for UConn employees. Copilot is part of the University’s Microsoft 365 license which meets institutional privacy requirements (UConn Information Technology Services, 2024).
Ethically, it’s recommended to disclose the use of AI-generated content. Refer to the UConn Library for guidance on Citing AI-Generated Material.
Examples
The following examples illustrate how an instructor might navigate copyright law when curating materials for their class.
Example 1: Book Chapters
Venkat has three chapters from different books that he would like to assign to his students.
First, he searches the UConn library and finds that the full text is online for one book chapter. He provides the stable link in his course.
Next, Venkat completes a fair use evaluation for the other two chapters. He evaluates that he can use a copy of one chapter under fair use but not the other chapter. He uploads an accessible PDF of the chapter he’s using under fair use to HuskyCT.
For the third chapter, Venkat considers finding an alternate text that addresses the learning objective. He decides he still wants to use the chapter he originally selected, so he needs clearance to use in his course. Through the textbook adoption process with the UConn Bookstore, Venkat puts the chapter in a course pack, which includes licensing.
Example 2: Images
Aisha is searching for images for her PowerPoint lecture slides, both decorative and educational.
First, she searches the stock imagery in PowerPoint and inserts several decorative images. She still needs two diagrams to illustrate a concept in her lecture.
Next, Aisha searches Flickr, filtering for images that allow commercial use. She finds a good diagram, but there are a few things she wants to modify. She notices that the license is CC BY-ND, so while it allows for commercial use, it does not allow adaptations to be distributed.
Aisha uses Google Images to widen her search, still filtering for images that allow commercial use. She finds two diagrams that fit her purpose. One needs some adaptations, which the CC license allows. The other one is ready to be used without modification. She inserts the diagrams into her PowerPoint and adds the attribution following recommended practices.
For more information on images specifically, refer to the eCampus Knowledge Base article on Finding and Using Free Images.
Additional Resources
Related Resources
The UConn Library has several resources addressing copyright and AI more in-depth:
- Copyright Overview
- Copyright and Teaching
- Using Others’ Works
- Creative Commons Licenses
- Open Education
- Artificial Intelligence
Related Posts
References
- Creative Commons. (n.d.). Open education.
- Creative Commons. (2024, June 3). Frequently asked questions.
- Creative Commons. (2025). License types. Creative Commons Certificate for Educators, Academic Librarians, and Open Culture. Creative Commons.
- Hobbs, R. (2010). Copyright clarity: How fair use supports digital learning. Corwin Press.
Note: This book is available through the UConn Library and requires login to access. - Kaminsky, M. (2023, December 7). What is a copyright license?. LegalZoom.
- Lowe, C. (n.d.). An issue for open education: Interpreting the non-commercial clause in Creative Commons licensing. Conference on College Composition & Communication (CCCC).
- Mehvar, M. (2024, November 12). 21+ free stock image sites to find photos (+ for commercial use). Buffer.
- NonCommercial interpretation. (2017, October 15). In Creative Commons Wikipedia.
- Schaefer, J. (2023, December 29). Creative Common licenses. UConn Library.
- Stim, R. (n.d.). Permission tools: Licenses and releases. Stanford Libraries. (Reprinted from Getting permission: Using & licensing copyright-protected materials online & off (7th ed.), by R. Stim, 2019, NOLO.)
- UConn Library. (n.d.-a). Copyright and teaching.
- UConn Library. (n.d.-b). Using others’ works.