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Distance Education & Copyright

Distance Education & Copyright Introduction to the TEACH Act “ ” Only one thing is impossible for God: to find any sense in any copyright law on the planet Mark Twain Distance Ed. & copyright The way we were The way we are Fair Use TEACH Act Scenarios The Way We Were…

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Distance Education & Copyright

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  1. Distance Education & Copyright Introduction to the TEACH Act

  2. “ ” Only one thing is impossible for God: to find any sense in any copyright law on the planet Mark Twain

  3. Distance Ed. & copyright • The way we were • The way we are • Fair Use • TEACH Act • Scenarios

  4. The Way We Were… • USC Section 110: Limitations on exclusive rights: Exemption of certain performances and displays • (1) Virtually unlimited right to display or perform others’ works in face-to-face instruction • (2) Virtually no rights to display or perform others’ works via distance education

  5. The way we are • TEACH Act: Technology, Education and Copyright Harmonization Act, Nov. 2002 • Addresses transmissions of performances and displays of copyrighted material • Optional • Supplements rather than supplants Fair Use

  6. Use a combination of approaches Our copyright options in the distance learning environment: Use works in the public domain Get permission Apply fair use Apply TEACH Act

  7. Use works in the public domain • Facts, ideas, theories, titles, phrases • Most government documents • Expired copyrights(http://cidc.library.cornell.edu/copyright/) • Works dedicated to the public domainCreative CommonsCenter for the Public Domain

  8. Get permission • Request permission • Pay royalties • Link IUPUI Copyright Management Center

  9. Apply Fair Use • Purpose of use • Nature of work • Portion of work • Effect on the market

  10. Apply TEACH Act Applies to performances and displays(not digital delivery of reading materials) • Perform • to recite, render, play, dance, or act…either directly or by means of any device or process • in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. (17 USC 101) • DISPLAY • to show a copy, either directly or by means of a film, slide, television image… • in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.(17 USC 101)

  11. TEACH Act lets us: • Transmit performances of nondramatic literary or musical works • Transmit reasonable and limited portions of any other performance • Display works (comparable to face-to-face displays)

  12. ONLY if our institution: • is an accredited nonprofit educational institution • has copyright policies, provides info. & copyright notices to staff/faculty/students • Reasonably prevents unauthorized access, retention and dissemination of work • Does not interfere with technological measures to protect work

  13. ONLY if the performance or display: • Is part of systematic mediated instructional activity • Is made by or at direction of instructor • Is integral part of class session • Is only transmitted to students enrolled in course • Was legally aquired • Is not made/marketed primarily for use in digital classroom

  14. Checklists: • NCSU • Basic Checklist • Expanded Checklist • Copyright Crash Course (UT) • Copyright Management Center (IUPUI) • TEACH ACT and UNI

  15. Putting it all together… • Complexity and rigorous requirements of TEACH mean fair use is essential in DE • Fair use is technologically neutral Scenarios adapted (minimally) from Copyright Management Center (IUPUI)

  16. Professor would like to post in D2L a single fact-based journal article which is relevant to the course he teaches. Professor used the same article last year for the same course.

  17. Professor would like to post in D2L multiple newspaper articles spanning several weeks from a local paper. The articles are news items and are relevant to the subject of the course. Professor subscribes to the newspaper.

  18. Professor would like to post in D2L portions of a book of poems she owns that has been out of print for five years. She plans only to use portions of the book which are relevant to the course. She believes this book to be the best tool for teaching the course.

  19. Professor would like to post in D2L a video recording of a recent television broadcast which is relevant to the course. The show is part of a series aired on network television and broadcast to the public at no charge.

  20. Resources • TEACH Toolkit (NCSU) • Copyright & Fair Use (Stanford U.) • Distance Education and the TEACH Act (ALA) • CMC and the TEACH Act (IUPUI)

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