copyright and distance education a synopsis presented by: medaline philbert, jack mcneill, and...
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Copyright And Distance Education
A Synopsis
Presented by:Medaline Philbert, Jack McNeill, and Jackie Womack
Copyright and Distance Education
The focus of this presentation covers:
Distance Education– Overview of copyright law– New Legislation, TEACH (Technology, Education, and
Copyright Harmonization ) Act
Online Reserves
Multimedia
Distance Education
Overview of Copyright Law
Copyright protection is automatically assumed for almost all works that are “original works of authorship” and “fixed in any tangible medium of expression” (Section 102(a)) (http://www.ala.org/washoff/teach.html pg 2)
Distance Education
Overview of Copyright continued… Duration of copyrights is usually the life of the
author plus 70 years Rights of copyright owners:
– Makes copies– Make public performances– Displays of the works
Distance Education
Overview of Copyright continued… Fair Use
– Copyright Act since 1976 has made a simple and broad provision to allow “performances” and “displays” in the face-to-face classroom environment (Section 102(a)) (http://www.ala.org/washoff/teach.html pg 2)
Distance Education
TEACH Act demonstrates that Congress acknowledges the importance of distance education, significance of digital media, and resolution of copyright conflicts.
Distance Education
Congressional version of distance education:
“…occur in discrete installments…” Influenced by traditional classroom setting Focus is on educational institutions’ behavior
than on the actions of instructors Institutions are permitted “to retain limited
copies for limited purposes”
Distance Education
Benefits of the TEACH Act: “Primarily its repeal of earlier version of Section
110(2), drafted mainly in the context of closed circuit television, allowed transmission to be received only in classrooms or similar locations. Therefore, modern, digital transmissions that provide distributive reach could seldom be applied.”
Distance Education
Benefits of the TEACH Act:
1. Expanded range of allowed works
2. Expansion of receiving locations
3. Storage of transmitted content
4. Digitizing of analog works(http://www.ala.org/washoff/teach.html pg 4)
Distance Education
TEACH Act requirements before educator can enjoy the benefits:
Duties of Institutional Policymakers1. Accredited nonprofit institution
2. Copyright policy
3. Copyright information
4. Notice to students
5. Enrolled students
Distance Education
TEACH Act requirements before educators can enjoy the benefits:
Duties of Information Technology Officials1. Limited access to enrolled students
2. Technological controls on storage and dissemination
3. Interference with technological measures
4. Limited temporary retention of copies
5. Limited long-term retention of copies
Distance Education
TEACH Act requirements before educator can enjoy the benefits:
Duties of Instructors – works requiring no permission1. Works explicitly allowed
Performances of nondramatic literary works Performances of nondramatic musical works Performances of any other work, including dramatic and
audiovisual works, but in “reasonable and limited portions” Displays of any work comparable to that displayed in a face-to-
face classroom
Distance Education
Requirements of the TEACH Act before educators can enjoy the benefits:
Duties of Instructors – works requiring no permission2. Works explicitly excluded
Available in the market Illegal copies
3. Instructor oversight Directly class related
4. Mediated instructional activities5. Converting analog materials to digital formats
Online Reserves Continued
The Copyright Act of 1976 sets forth: Ownership Rights in Copyrighted Works Infringement Fair Use
Online Reserves Continued
Copyright does not protect Lists of facts (like the telephone book) U.S. Government publications Public Domain (works prior to 1922) Shareware Facts Ideas
Online Reserves Continued
Term of years Has varied over time 95 years from publication for “Corporate
Authors” For individuals “life of the author” plus 70 years
Online Reserves Continued
Infringement Violates rights of the copyright holder Person infringing liable for substantial penalties
Online Reserves Continued
Fair Use Purpose of use (educational) Nature of the work (work books) Proportion used Effect on market for work
Online Reserves Continued
Proportion Maximum of 25% of a book Short excerpts Maximum of two articles from one periodical
issue Charts, graphs, cartoons
Online Reserves Continued
Market for work Institution (or instructor) must already legally
possess the work Limited duration Limited access
Online Reserves Continued
Guidelines Single articles or chapters, or small parts of
works Small part of the materials required for course Already possessed by institution Include copyright notice One course, one semester
Multimedia continued
Two reasons why it is important for a multimedia developer or publisher to be familiar with basic principles of copyright law:– To avoid infringing on copyrights owned by others– To control unauthorized exploitation of their works
Multimedia continued
SCOPE OF PROTECTION
Copyright protects against copying the “expression” in a work, not against copying the work’s ideas. This difference is difficult to discern.
Multimedia continued
5 exclusive rights in the copyrighted work:– Reproduction Right– Modification Right– Distribution Right– Public Performance Right– Public Display Right
Multimedia continued
Six factors in determining a trade secret– The extent to which the information is known
outside the claimant’s business– The extent to which the information is known by the
claimant’s employees– The extent of measures taken by the claimant to
guard the secrecy of the information
Multimedia continued
Six factors in determining a trade secret – The value of the information to the claimant and the
claimant’s competitors– The amount of effort or money expended by the
claimant in developing the information– The ease with which the information could be
acquired by others
Multimedia continued
Website Issues Worldwide licenses Public display rights Legal and technical aspects
Multimedia continued
Multimedia Copyright Clearinghouse– Participation on a voluntary basis– Could cover a subset of copyright interests at the
outset– Initial phase would be to establish a database of
information without royalty payment administration– The information database for different types of
works could be on different servers.
Multimedia continued
Multimedia Copyright Clearinghouse– Nonexclusive licenses– “Routine” or standard license rights– Royalties would be set by the owner– Grant licenses in order to protect licensees– Affirmative standard license rights
Resources
Copyright Management Center – Law Resources. http://www.copyright.iupui.edu/law_resources.htm. 11/8/2002
Fenwick & West LLP, Multimedia & Software Law Publications. http://www.batnet.com/oikoumene/FWArts.html. 11/7/2002
WWW Multimedia Law – Internet contracts, licenses. http://www.batnet.com/oikoumene/. 11/7/2002
Works Cited
Crews, Kenneth D. “New Copyright Law for distance Education: The Meaning and Importance of the TEACH Act” http://www.ala.org/washoff/teach.html
Brinson, J.D and Radcliffe, M.F. “An Intellectual Property Law Primer For Multimedia and Web Developers.” http://www.eff.org//CAF/law/ip-primer, 11/7/2002
Greguras, Fred. “Copyright Clearances and Moral Rights.” http://www.batnet.com/oikoumene/mmcpyrt_doubts.html, 11/7/2002