Schoology (course management software)

This chapter describes how you may use documents (book chapters, journal articles, etc.), audio, video, or images in Schoology.

For assistance, please contact Steven Park, Schoology Administrator, AIT, x7383, Steven.Park@wheaton.edu.

Note: The application of Fair Use to the provision of course readings in particular is a highly contested area of copyright law. The following policy is based upon an extensive lay review of existing case law, opinions published by lawyers, and the official positions of such parties as the Association of American Universities, Association of Research Libraries, Association of American University Presses, and Association of American Publishers. Some aspects of our policy, such as the status of book chapters and the five-article limit, are not given in the text of the law but represent what we believe is a moderate yet assertive understanding of the spirit of the law.

  1. You may create a link in your Schoology course to a copy of the work that is available elsewhere on the Web. For example, you may wish to create a link to a journal article that is available online through Buswell Library. In such cases, no copyright consideration comes into play. To determine which articles are available online, or for help creating the link, please consult a librarian, x5169, research.help@wheaton.edu.
  2. If linking is not possible, follow the steps given in chapter 5 of this guide, "When Copyright Permission is Needed," modified as follows:
    1. Copies of book chapters and journal articles may be posted without getting permission, subject to the following limitations. Copyright permission is required for:
      • Book chapters (or parts of books) equal to about 20% or more of the whole book. Apply this rule to single-author books and to edited volumes.
      • Each journal article when the number of articles for the course exceeds 5. (For this volume of readings, please note also that Wheaton students indicate a preference for course packs sold at the Bookstore. See chapter 21 of this guide, "Course Packs").
    2. Copies of dramatic literary or musical works, such as stage plays, operas, and audio-visual recordings, may be used "in an amount comparable to that which is typically displayed in the course of a live classroom session."
      • If copyright permission is required for any material you post, you must provide the Bookstore with a bibliography of these materials at the time they are posted to your course (or earlier, if possible). The Bookstore will determine any copyright fees owing, and Student Accounts will post the fees directly to each enrolled student's account. Send the bibliography to copy.center@wheaton.edu.
        • Please do not post material in Schoology that you are also including in a course pack, as this will result in higher costs for your students.
      • Materials posted in Schoology:
        • Must not substitute for the purchase of books or other materials readily available on the market for a fair price.
        • Must not be copies of works that are marketed "primarily for the purpose of display as part of mediated instructional activities transmitted via digital networks." In other words, where such works already exist, they should be purchased.
        • Must include a notice of copyright, or in the absence of a notice, a warning that the material may be protected by copyright. For the wording of notices and warnings, see chapter 13 of this guide, "Copyright Notices and Warnings."
        • Must not be made from a copy that was not lawfully made and that you knew or had reason to believe was not lawfully made.
        • You must not engage in any activities that would decrypt or otherwise interfere with technological measures already employed by the copyright holder to prevent retention or unauthorized distribution of the work.

Sample Scenarios

  1. Question:

  2. I have created some course Web pages outside of Schoology. Is it OK for me to post copyrighted documents there for my students to read online and/or download?
  3. Answer:

  4. No. The college interprets such activities as falling outside the scope of Fair Use and other copyright exemptions described in this chapter. You must get permission of the copyright holders before posting documents in this way.
  5. Fair Use analysis:

    PurposeFavorable. The use is being made at a nonprofit educational institution for the purpose of teaching, research, or scholarship.
    NatureModerately favorable. The documents (let us assume) have been previously published and are factual or nonfiction works.
    AmountModerately unfavorable. The whole work is being posted.
    EffectUnfavorable. Making the documents freely and publicly available online could replace sale of the work or significantly impair the market or potential market for the work. (This is the decisive factor in our overall determination against Fair Use in this scenario, based on the college's understanding of U.S. case law.)

 

  1. Question:

  2. As one of the assignments in my Communication course, I want my students to watch a video of a political speech and analyze it rhetorically. Can I post a copy of the video in Schoology?
  3. Answer:

  4. Yes. The college considers this an instance of Fair Use as long as it is "an amount comparable to that which is typically displayed in the course of a live classroom session." Note also that you could place a copy of the video on reserve at the library.
  5. Fair Use analysis:

    PurposeFavorable. The use is being made at a nonprofit educational institution for the purpose of teaching, research, scholarship, criticism or comment. Schoology restricts access to only your students.
    NatureModerately favorable. The video (let us assume) has been previously published and is factual or nonfiction.
    AmountModerately favorable. The whole work is being posted, but this length is appropriate to the favored educational purpose. It will be displayed "in an amount comparable to that which is typically displayed in the course of a live classroom session."
    EffectFavorable. This use does not significantly impair the market or potential market for the work, since we assume that you would not otherwise require your students to buy a copy of the video. Schoology restricts access to only your students.

 

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