Copyright & Audiovisual
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Transcript of Copyright & Audiovisual
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Copyright Law, AudiovisualMaterials & Online Learning
Robin Kauth
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Problem
• The problem many teachers face is how tolegally incorporate copyrighted materials,specifically audiovisual work, into their webbased instructional materials
• Laws are not the same for online andclassroom environment
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Copyright Basics
• Title 17 of the U.S. Code- Section 106provides protection to the author(s) oforiginal works
• Applies to published and unpublished works• Work does not have to have a copyright
notice or be published to be protected• Copyright is assumed once the work is
created in a fixed medium
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Copyright: Length of Protection
• Works created after January 1, 1978:– Work is protected for the authors life + 70 years
• Works created before January 1, 1978:– Works originally protected for 28 years with an
additional renewable 28 years– Renew period later extended to 47 years– Total protection of 95 years
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
What Can Be Copyrighted
• Must be fixed in a tangible medium– Literary works (includes software)– Musical works– Dramatic works– Pantomimes & choreographic works– Pictorial, graphic and sculptural works– Motion pictures and other audiovisual works– Sound recordings– Architectural works
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
What Can’t Be Copyrighted
• Works not fixed in a tangible medium– Speeches, performances, music that have not been
recorded in some way• Titles, names, phrase, slogans, symbols or lists of
ingredients/contents*• Ideas, procedures, concepts, processes*• Works containing entirely common information
with no original authorship
*These may be eligible for protection under patent and trademark laws
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Rights of Copyright Holder
• U.S. Copyright law grants the holder sole andexclusive rights– Right of reproduction of the work– “ ” preparation of derivative works– “ ” public distribution of the work– “ ” public performance of the work– “ ” public display of the work– “ ” public digital performance (sound recording)
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Exceptions: Fair Use
• There are exceptions to the exclusive rights heldby copyright owners
• Section 107 lists criteria for which ‘fair use’ isjudged:– The purpose & character of the work– The nature of the work used– The amount of the work used– The effect on the market/value of the original work
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Exceptions: Fair Use
• Purpose: the work is being used fornoncommercial purposes– Fair comment & criticism– Teaching– Scholarship– Research
• Nature: is the material currently available,informational or creative, published orunpublished?
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Exceptions: Fair Use
• Amount: the relative proportion of the workused– No clear standards set
• Market Value: whether the use infringes onthe copyright owner’s ability to profit fromtheir work– Direct and indirect impact may be considered– Often considered the most important criteria
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Laws & Online Learning
Fair use & audiovisual• When material is transmitted online copies are
made on the hard drive.– Thus violating the duplication rights of copyright
owners• Current laws only protect face-to-face use of
audiovisual works in the classroom• Problem: laws to this point do not protect use of
audiovisual material online/distance learning
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Digital Millennium Copyright Act
• Passed Oct. 12, 1998, General provisions:– Crime to circumvent anti-piracy measures– Limits ISP from copyright infringement suits
for transmitting copyrighted materials– Service providers must remove content that
violates copyright– Limits liability of nonprofits higher education
institutions for violations of students & faculty
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Digital Millennium Copyright Act
Audiovisual works & education• DMCA was supported by software/entertainment
industries not academia or librarians• DMCA makes it illegal to use software that
circumvents copyright. Some materials protectedby fair use are now off limits because of DMCA– Limits access to materials, must have consent from
owner
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
TEACH Act
• Passed Oct. 3, 2002: amends copyright lawand establishes criteria for usingcopyrighted material in distance learning
• Goal: balance educational use andcopyright owners rights
• Problem: requires extensive involvementfrom schools and educators
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
TEACH Act
Audiovisual & distance education• Expanded types of materials that were acceptable
to use in distance education– Can now use audiovisual works online
• Eliminated language that limited use to justclassrooms– Now can transmit materials via digital means
• Permits storage of copyrighted materials that isincidental to digital transmission
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
TEACH Act
PROBLEMS for educators• Rights limited to certain works in limited portions• Educators still must comply with strict requirements
– Schools must be accredited– They must have copyright policies in place– School must have copyright information materials available– Must be a notice to students– Materials only available to enrolled students
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
TEACH Act
PROBLEM for audiovisual materials• Cannot retain material for longer than it takes to
transmit the material– Can only be stored on school’s server for duration of
course• Performance of work must be ‘mediated’ as it
would be in the classroom– Class session considered the time period a student is
logged on to the website– Must be directly related to topic
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
TEACH Act
PROBLEM for audiovisual materials• Works only allowed in ‘reasonable and limited
portions’• Excludes commercially available educational
materials that would have been allowable in theclassroom
• ‘Related’ material means it cannot just be anadditional resource for students– Limits resources for students in web-based education
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Laws & Online Learning
• As a whole, the TEACH Act improves on existingcopyright law & DMCA in that it establishes someprotection of audiovisual works
• Problem:– Language is still vague/confusing– Many steps must be undertaken by the university and
instructor– Revisions still must be made so that use of audiovisual
materials in web-based instruction is as protected asusing them in a face-to-face classroom environment
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Applying the Law: Staying Legal
• How do instructors ensure they are followingcopyright in their web-based instruction?– Get permission to use the work (supercedes all other
guidelines)– Avoid all digital commercial educational works– Avoid piracy– Only use amount of material comparable to what would
use in class– TEACH checklists to help establish if use is legal– http://www.copyright.iupui.edu/teachlist.htm– http://www.lib.ncsu.edu/scc/legislative/teachkit/checklist.html
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Applying the Law: Staying Legal
• USM Guidelines– Southern Miss Learning Enhancement Center
Presentation– http://www.usm.edu/lec/brownbag/copyright/copyright_brown_bag_files/intro.htm
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
Conclusion
• Further legislation still needs to occur
• Advice– Apply sound judgment when using copyrighted
works– Learn and understand the TEACH Act, the
DMCA, Copyright Law & Fair Use guidelines
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
References
17 U.S.C. ξξ 101-118 (1976)
American Library Association (2007). Distance Education and the TEACHAct. Retrieved on July 16, 2008 from:http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939
Copyright Clearance Center (2003). The TEACH Act. Retrieved July 17,2008 from: http://www.copyright.iupui.edu/dist_learning.htm
Crews, K. (2003). New Copyright Law for Distance Education: The Meaning and Importanceof the TEACH Act. Retrieved July 17, 2008 from: http://www.copyright.iupui.edu/teach_summary.htm
Conn, K. (2002). The Internet and the Law, What Educators Need to Know. Alexandria, VA: Association forSupervision and Curriculum Development.
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
References
Hopkins, W. (ed.). (2005). Communication and the Law. Northport, AL:Vision Press.
May, C. (2007). Digital Rights Management. Oxford, UK: Chandos Publishing.
Lohnmann, F (2007). Fair Use, Film, and the Advantages of InternetDistribution. Cinema Journal, 46 (2).
Litterst, G. (2008). Random access: With your digital media. AmericanMusic Teacher, 57 (5),64-68.
NC State University (2008). The Teach Toolkit. Retrieved July 17, 2008from http://www.lib.ncsu.edu/scc/legislative/teachkit/
Pember, D. (2004). Mass Media Law. Boston, MA: McGraw Hill.
Copyright Law, Audiovisual Materials & Online Learning By: Robin Kauth
References
Salmon, K. (1999). Copyright considerations in distance education andtechnology-mediated instruction. Washington, DC: American Association of Community Colleges. Retrieved onJuly 12, 2008 from:http://lynx.lib.usm.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=eric&AN=ED436199&site=ehost-live
Trier, J. (2007). “Cool” engagement with YouTube: Part 2, Journal ofAdolecent & Adult Literacy, 50 (7), 598-608.
Talab, R. & Butler, R. (2007). Shared electronic spaces in the classroom:Copyright, privacy, and guidelines, TechTrends, 51 (1), 11-16.
U.S. Copyright Office (1998). The Digital Millennium Copyright Act of1998. Retrieved on July 17, 2008 from:www.copyright.gov/legislation/dmca.pdf
Wonacott, M. (2001). Distance Education for CTE. EricClearinghouse on Adult Career and Vocational Education, 224