University administrators who have distance learning programs under their charge are on the horns of a dilemma. Given the growing litigiousness of copyright holders and the unsettled state of the law, it has become very difficult to establish failsafe administrative rules to guide faculty and student use of copyrighted materials. But the use of intellectual property such as texts, videos and scholarly articles is essential to the delivery of higher education, so administrators must face the dilemma head on. Against this backdrop, university administrators must take preventative measures to avoid improper uses of intellectual property while simultaneously encouraging beneficial uses of such materials. This is a harrowing balancing act.