The DATA:
(There is) a short story I want to use for a class. I'm a subscriber, and the print issue is available in the library. The digital version is behind a paywall on the New Yorker's site.
NAU's databases would allow me to permalink from a database, allowing for legal use. YC's databases are less robust, for I looked in multiple databases trying to find a way to permalink the story. Since this is a YC course, we don't have access to the database.
I intend to use the story for a single course, it will be behind the Blackboard password, and is used to help students develop reading skills. I selected the story because it deals with contemporary issues in a familiar world. However, it's a creative work, which goes against copyright.
What is the best way to get this story to students without violating copyright?
My RESPONSE:
At first glance, there are factors for and against: I assume you want to use the entire story (against) and it's creative fiction (against); any readily available licensing mechanism also weighs (against). You can legally obtain it (for) and you will distribute it only to your students (for) in a password protected area(for) for a limited time (for), and make the writing difficult to copy by leaving it in graphical form (for).
Overall I think it weighs against because of the first 3 points.
The move toward a better fair use argument would require you to transform the use of the work by creating assessments and assignments directly tied to it, integrating into your curriculum so that it is related very much to your outcomes, and showing that the work is far and away the best example of the things you are trying help your students learn.
It would be a good case to ask permission and hope they say "sure".
