Rarely have I found that anyone could take a course elsewhere under that title unless the title is generic. The course as developed is usually the university's. Payment or remuneration is another issue. I have talked to people who are only paid for Web-based courses when the student is 3 miles out of town. In-town students are not part of the incentives program.
Some states have in-state territory guidelines unless the course is unique.
In most cases, if you look at the Intellectual Property Policies the most heated area of debate is in mediated instruction.