Enforcing academic integrity in light of Chegg's terms of service

Question

According to Chegg's terms of service,

No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Chegg's prior written permission or as expressly provided in these Terms of Use.

Moreover, according to Chegg, these terms apply "regardless of whether you are a registered user or a guest". It seems to me that this forbids:

• a professor to discover answers to their questions on Chegg and alert a grading team to be alert for matching assignments.

• a professor to introduce answers downloaded from Chegg as evidence at an academic integrity proceeding.

Does Chegg actually have the ability to forbid these actions?

Answer 1

Assuming Chegg own the copyright, then they can restrict the activities that copyright protects

The statement you quote is no more or less than the rights granted to them by copyright law. Basically, it's their stuff, they get to decide how you can use it.

However, that does not necessarily mean that the uses that you have nominated are prohibited. For that, we would have to look at the specific fair use or fair dealing exemptions to copyright protection where you are. It's likely that both of your usage scenarios would meet fair use and probably fair dealing (which is harder to meet). You may also find that, buried somewhere in those massive terms of use, is something that deals with this directly.