The T.E.A.C.H. ActThe T.E.A.C.H. Act

New standards and New standards and requirements for the use requirements for the use of copyrighted materials of copyrighted materials in distance educationin distance education

The Mystery The Mystery ofof

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What is Copyright?What is Copyright?

Background of Copyright LawBackground of Copyright Law

Copyright applies automatically Copyright applies automatically to all works that are:to all works that are: original works of authorshiporiginal works of authorship fixed in any tangible medium of fixed in any tangible medium of expressionexpression

Copyright notices are NOT Copyright notices are NOT requiredrequired

Registration with the U.S. Registration with the U.S. Copyright Office is NOT requiredCopyright Office is NOT required

The copyright owner has five The copyright owner has five “exclusive” rights to their work.“exclusive” rights to their work.

1. The right to reproduce the work in 1. The right to reproduce the work in copies (make copies)copies (make copies)

2. The right to prepare derivative 2. The right to prepare derivative works (transform the work)!works (transform the work)!

3. The right to distribute copies of the 3. The right to distribute copies of the work to the public (market copies)work to the public (market copies)

4. Perform the work publicly4. Perform the work publicly

5. The right to display the work 5. The right to display the work publiclypublicly

Do copyright laws apply to Do copyright laws apply to cyberspace?cyberspace?

Copyright laws are in effect in Copyright laws are in effect in today’s cyberspacetoday’s cyberspace

On the Internet, if there is no copyright On the Internet, if there is no copyright notice, can we use any work?notice, can we use any work?

No!No!

Everything from Everything from April 1, 1989 April 1, 1989

is copyrighted whether it has a is copyrighted whether it has a notice or not!notice or not!

All Internet users must assume All Internet users must assume that the work is copyrighted.that the work is copyrighted.

Many Internet works are Many Internet works are available available

for public usefor public use

““I grant this to the public I grant this to the public domain.”domain.”

Public domain works can be Public domain works can be used without credit to the ownerused without credit to the owner

Many copyright owners will grant Many copyright owners will grant permission to use their workpermission to use their work

To be safe, Internet users should To be safe, Internet users should ask permission from the ownerask permission from the owner

Copyright law on the Internet is new Copyright law on the Internet is new territory territory

for the court systemfor the court system

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Copyright and Copyright and Fair Use in Fair Use in

Distance LearningDistance Learning

The T.E.A.C.H. ActThe T.E.A.C.H. Act

Fair Use - Fair Use - based on an equitable based on an equitable

rule of reasonrule of reason

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Four criteria have been Four criteria have been adopted -adopted -

1. The purpose and character of the 1. The purpose and character of the use (commercial or non-profit use (commercial or non-profit

educational)educational)

2. The nature of the 2. The nature of the copyrighted workcopyrighted work

3. The amount of the 3. The amount of the portion used in relation to portion used in relation to

the work as a wholethe work as a whole

4. The effect of the use 4. The effect of the use upon the potential upon the potential

market for the workmarket for the work

Internet Use Internet Use Guidelines under Guidelines under the T.E.A.C.H. Actthe T.E.A.C.H. Act

Duties of InstructorsDuties of Instructors

Works allowedWorks allowed performance of non-dramatic literary performance of non-dramatic literary worksworks

performance of non-dramatic musical performance of non-dramatic musical worksworks

performances of other work but only in performances of other work but only in “reasonable and limited portions”“reasonable and limited portions”

displays of any works “in an amount displays of any works “in an amount comparable to that which is typically comparable to that which is typically displayed in the course of a live displayed in the course of a live classroom session”classroom session”

Duties of InstructorsDuties of Instructors

Works NOT allowedWorks NOT allowed works that are marketed “primarily works that are marketed “primarily for performance or display as part for performance or display as part of mediated instructional of mediated instructional transmitted via digital networks”transmitted via digital networks”

performances or displays given by performances or displays given by means of copies “not lawfully made means of copies “not lawfully made or acquired” or acquired”

Duties of InstructorsDuties of Instructors

Instructor OversightInstructor Oversight works are performed under the direction works are performed under the direction or supervision of the actual instructoror supervision of the actual instructor

materials are transmitted “as an materials are transmitted “as an integral part of a class session integral part of a class session offered as a regular part of the offered as a regular part of the systematic, mediated instructional systematic, mediated instructional activities”activities”

the copyrighted materials are “directly the copyrighted materials are “directly related and of material assistance to related and of material assistance to the teaching content of the the teaching content of the transmission”transmission”

Duties of InstructorsDuties of Instructors

Converting analog materials to Converting analog materials to digital formatsdigital formats the amount that may be converted the amount that may be converted is limited to the amount of is limited to the amount of appropriate works that may be appropriate works that may be performed or displayed performed or displayed

a digital version is not available a digital version is not available to the institutionto the institution

The Golden Rule:The Golden Rule:If you did not create it or do If you did not create it or do not have permission from not have permission from

the owner, don’t use it.the owner, don’t use it.

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