Using Third-Party Materials for Online Classes

We encourage instructors teaching online to work through the following considerations to make informed decisions about using third-party materials.

Are you limited by contractual terms, terms of service, or terms of use? 

Inform yourself of any contractual terms that might affect your use. Be sure to read the terms of use of the website you're relying on for access to the work, for example.

It is ultimately your decision whether to follow the terms you've agreed to or try to negotiate a different set of contractual terms. 

If you ignore contractual terms, remember that there may be legal consequences. Reach out to the Office of General Counsel at ovpgc@umich.edu if you have any questions.  

Do user’s rights apply? 

In most cases, U-M instructors may perform and display many third-party works in their teaching, as long as there are no contractual restrictions.

Fair Use right allows the use of copyrighted materials. It is more likely to apply if instructors limit the amount of the third-party materials, the duration of the materials shown, and the size of the audience. 

Can you switch to other zero-risk or low-risk options? 

Try linking to the resources when possible, instead of sharing or streaming third-party materials. 

Choosing public domain or Creative Commons licensed materials is also a good alternative.

See our guide on using video for information on streaming video specifically.