This is such a topic. Here at Loyola College in Baltimore, we have the same
challenge (I won't say dilemma) for our new service, also inaugurated this
Fall. We have sought and received legal counsel on this matter (two, in
fact) and the answers are not encouraging AT THE MOMENT. Copyright must
always be adhered to, of course, and the face to face teaching exemption can
only be stretched so far (like not at all). There is scant legal case
opinion available, but there are some new guidelines being developed in
regard to distance learning and the "classroom without walls" that may help
clarify issues in the coming year.
I would be glad to share what we have learned so far, if folks are
interested, by emailing me directly (not to the list).
Loyola/Notre Dame Library
200 Winston Avenue
Baltimore, Maryland 21212