I’ve just received the following in an email message from Harvard Business School Publishing. If this represents the mainstream view of publishers, and I suspect it does, most of the works currently posted on many of our Blackboard courses would be considered to be infringing, even if they would be permitted by our current policy

We do not permit the posting of our cases, articles, or chapters on “e-reserve”
course pages for student access, nor in “electronic coursepacks” that link to
our digitized content, nor on course management systems such as WebCT or
Blackboard, unless doing so via our Course Planning system. Such unauthorized
postings are equivalent to distributing our copyrighted content to students, and
doing so without our permission infringes that copyright. This is so even if the
content is being used for the first time and is password-protected, accessible
only to students in the course, and taken down at the end of the course. Please
do not post or display HBSP content in this way. Using our Course Planning tool
is every bit as easy and functional.

I wonder if this kind of notice is going to become a trend and what will happen if faculty ignore it.