1 understanding applications of the teach act: distance education and the new copyright law...
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Understanding Applications of the TEACH Act: Understanding Applications of the TEACH Act: Distance Education and the New Copyright LawDistance Education and the New Copyright Law
Institute for Computer Policy and LawEducause & Cornell University
Ithaca, New YorkJune 30, 2005
Kenneth D. Crews, J.D., Ph.D.Samuel R. Rosen II Professor
Indiana University School of Law-IndianapolisDirector, Copyright Management Center at IUPUI
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Why the TEACH Act???Why the TEACH Act???
Frequent Use of Copyright Materials in Distance Ed.Frequent Use of Copyright Materials in Distance Ed.
– Text, Images, Music, RecordingsText, Images, Music, Recordings Almost Everything is Protected by CopyrightAlmost Everything is Protected by Copyright
– Original Works that are “Fixed”Original Works that are “Fixed”
– Long Duration of ProtectionLong Duration of Protection Almost all uses Carry Risks of InfringementAlmost all uses Carry Risks of Infringement
– Cutting, Pasting, Uploading, TransmittingCutting, Pasting, Uploading, Transmitting Importance of Copyrighted Works in EducationImportance of Copyrighted Works in Education
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Origin of the TEACH ActOrigin of the TEACH Act
Failure of Previous Section 110(2)Failure of Previous Section 110(2)– Enacted in 1976; Largely drafted in 1965Enacted in 1976; Largely drafted in 1965– Based on TV TechnologyBased on TV Technology– Limited Scope and Uses of MaterialsLimited Scope and Uses of Materials
Uncertainty of Fair Use, Section 107Uncertainty of Fair Use, Section 107 Difficulty of Securing PermissionsDifficulty of Securing Permissions Initiated by Congress in 1998Initiated by Congress in 1998 Copyright Office Report in 1999Copyright Office Report in 1999 Enacted by Congress in 2002Enacted by Congress in 2002
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Exceptions to the Rights of Copyright OwnersExceptions to the Rights of Copyright OwnersExceptions to the Rights of Copyright OwnersExceptions to the Rights of Copyright Owners
Section 107: Fair UseSection 107: Fair Use Section 108: Library CopyingSection 108: Library Copying Section 109: First-Sale DoctrineSection 109: First-Sale Doctrine Section 110: Displays and PerformancesSection 110: Displays and Performances Section 114: Transmissions of Sound RecordingsSection 114: Transmissions of Sound Recordings Section 115: Compulsory Licenses/RecordingsSection 115: Compulsory Licenses/Recordings Section 120: Architectural WorksSection 120: Architectural Works Section 121: Persons with DisabilitiesSection 121: Persons with Disabilities
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Contemplating Fair UseContemplating Fair UseContemplating Fair UseContemplating Fair Use
Section 107: Fair UseSection 107: Fair Use
– PurposePurpose of the Use of the Use– Education vs. CommercialEducation vs. Commercial– TransformativeTransformative
– NatureNature of the Work Used of the Work Used
– AmountAmount Used Used
– EffectEffect of the Use on Market or Value of the Use on Market or Value
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Uses in Classrooms & Distance Ed.Uses in Classrooms & Distance Ed.Uses in Classrooms & Distance Ed.Uses in Classrooms & Distance Ed.
Section 110(1)Section 110(1)– Performances and DisplaysPerformances and Displays– Face-to-Face TeachingFace-to-Face Teaching
Section 110(2) (“The TEACH Act”)Section 110(2) (“The TEACH Act”)– Distance LearningDistance Learning– Performances and DisplaysPerformances and Displays– Some Reproduction & DistributionSome Reproduction & Distribution
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The TEACH Act: 3 Roles to PlayThe TEACH Act: 3 Roles to PlayThe TEACH Act: 3 Roles to PlayThe TEACH Act: 3 Roles to Play
Role of InstructorsRole of Instructors Role of InstitutionRole of Institution Role of TechnologistsRole of Technologists Not Forgotten:Not Forgotten: Role of Librarians Role of Librarians
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Getting Ready for the TEACH ActGetting Ready for the TEACH ActGetting Ready for the TEACH ActGetting Ready for the TEACH Act
Copyright Management CenterCopyright Management Center
– Website: Website: www.copyright.iupui.eduwww.copyright.iupui.edu Summaries of the LawSummaries of the Law Strategies for ComplianceStrategies for Compliance ““Checklist for the TEACH Act”Checklist for the TEACH Act”
– Numerous RequirementsNumerous Requirements
– Must comply Must comply With Them All!With Them All!
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The TEACH Act: Content LimitsThe TEACH Act: Content Limits
Performances of nondramatic literary worksPerformances of nondramatic literary works Performances of nondramatic musical worksPerformances of nondramatic musical works Performances of any other work, including Performances of any other work, including
dramatic works and audiovisual works, but dramatic works and audiovisual works, but only in “reasonable and limited portions”only in “reasonable and limited portions”
Displays of any work “in an amount Displays of any work “in an amount comparable to that which is typically displayed comparable to that which is typically displayed in the course of a live classroom session.”in the course of a live classroom session.”
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The TEACH Act: Prohibited MaterialsThe TEACH Act: Prohibited Materials
Works that are marketed “primarily for Works that are marketed “primarily for performance or display as part of mediated performance or display as part of mediated instructional activities transmitted via digital instructional activities transmitted via digital networks”networks”
Performances or displays given by means of copies Performances or displays given by means of copies “not lawfully made and acquired” under the U.S. “not lawfully made and acquired” under the U.S. Copyright Act, if the educational institution “knew Copyright Act, if the educational institution “knew or had reason to believe” that they were not or had reason to believe” that they were not lawfully made and acquiredlawfully made and acquired
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The TEACH Act: Policy RequirementsThe TEACH Act: Policy Requirements
Accredited Nonprofit Educat’l InstitutionAccredited Nonprofit Educat’l Institution Development of Copyright PoliciesDevelopment of Copyright Policies Copyright “Informational Materials”Copyright “Informational Materials” Notice to Students about CopyrightNotice to Students about Copyright Access Limited “Solely” to Enrolled Access Limited “Solely” to Enrolled
StudentsStudents
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The TEACH Act:The TEACH Act:Technology RequirementsTechnology Requirements
Technological Restrictions on Access only Technological Restrictions on Access only for Enrolled Studentsfor Enrolled Students
Technological Controls on Retention by Technological Controls on Retention by Students longer than “Class Session”Students longer than “Class Session”
Technological Controls on Further Technological Controls on Further TransmissionTransmission
No Interference with Technological Control No Interference with Technological Control Measures embedded on WorksMeasures embedded on Works
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The TEACH Act: More!The TEACH Act: More!
The performance or display “is made by, at the The performance or display “is made by, at the direction of, or under the actual supervision of an direction of, or under the actual supervision of an instructor”instructor”
The materials are transmitted “as an integral part of The materials are transmitted “as an integral part of a class session offered as a regular part of the a class session offered as a regular part of the systematic, mediated instructional activities” of the systematic, mediated instructional activities” of the educational institutioneducational institution
The copyrighted materials are “directly related and The copyrighted materials are “directly related and of material assistance to the teaching content of the of material assistance to the teaching content of the transmission”transmission”
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A “TEACH Act Experiment”A “TEACH Act Experiment”
Selection of Short Video ClipSelection of Short Video Clip– Portion of longer tapePortion of longer tape– Original purchased from producerOriginal purchased from producer
Necessary IntangiblesNecessary Intangibles– Uncomfortable with Fair UseUncomfortable with Fair Use– Willing ProfessorWilling Professor– Necessary Support TeamNecessary Support Team
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Strategic ImplementationStrategic Implementation
Step 1: Assemble the TeamStep 1: Assemble the Team– Technological ExpertiseTechnological Expertise– Well-Informed FacultyWell-Informed Faculty– Policymaking AuthorityPolicymaking Authority
Step 2: Find the Right CourseStep 2: Find the Right Course– Who can use the benefits?Who can use the benefits?– Who needs the “relative certainty”?Who needs the “relative certainty”?– Who is ready to cooperate?Who is ready to cooperate?
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A “TEACH Act Experiment”A “TEACH Act Experiment”
The “Easy” RequirementsThe “Easy” Requirements– Nonprofit educational institutionNonprofit educational institution– Copyright PoliciesCopyright Policies– Copyright Information ResourcesCopyright Information Resources
The “Moderate” RequirementsThe “Moderate” Requirements– Limits on Types & Quantities of MaterialsLimits on Types & Quantities of Materials– AV Works: “Reasonable & Limited Portions”AV Works: “Reasonable & Limited Portions”– Access Limited to Enrolled StudentsAccess Limited to Enrolled Students
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A “TEACH Act Experiment”A “TEACH Act Experiment”
The “Tough” RequirementsThe “Tough” Requirements– Technological Controls that “Reasonably” Technological Controls that “Reasonably”
Prevent DownloadingPrevent Downloading– Technological Controls that “Reasonably” Technological Controls that “Reasonably”
Prevent Further DisseminationPrevent Further Dissemination What is “Control”?What is “Control”? What is “Reasonable”?What is “Reasonable”?
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A “TEACH Act Experiment”A “TEACH Act Experiment”
Alternatives for Video DeliveryAlternatives for Video Delivery– Encrypted Files Delivered to StudentsEncrypted Files Delivered to Students– Layers of Password ProtectionsLayers of Password Protections– Limited IP Address AuthenticationLimited IP Address Authentication– Real-Time Delivery (Streaming)Real-Time Delivery (Streaming)– Non-Durable URLsNon-Durable URLs
Practical Problems of EachPractical Problems of Each Nothing “Strictly Complies” with the LawNothing “Strictly Complies” with the Law Conclusion: Streaming/Password LayersConclusion: Streaming/Password Layers
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Lessons from the ExperimentLessons from the Experiment
You will You will NeverNever be 100% Certain be 100% Certain Not Every InstitutionNot Every Institution can use the TEACH Act can use the TEACH Act No One can use it No One can use it AloneAlone
– You Need to Assemble your TeamYou Need to Assemble your Team Compliance is probably Compliance is probably Not PracticalNot Practical for Single for Single
ItemsItems The TEACH Act’s rigors can often Outweigh the The TEACH Act’s rigors can often Outweigh the
BenefitsBenefits
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The Most Important LessonsThe Most Important Lessons
Stay Flexible!Stay Flexible!– Statutory InterpretationsStatutory Interpretations– Ever-Changing NeedsEver-Changing Needs– New Technological PossibilitiesNew Technological Possibilities– Fair Use, Fair Use, Fair UseFair Use, Fair Use, Fair Use– Licensing, Licensing, LicensingLicensing, Licensing, Licensing
Get Involved!Get Involved!– With Your Local DecisionsWith Your Local Decisions– With the Shaping of New LawWith the Shaping of New Law
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Click to Beginning!Click to Beginning!
For More Information:For More Information:
www.copyright.iupui.eduwww.copyright.iupui.edu
Copyright Management CenterIndiana University Purdue University
Indianapolis
Understanding Applications of the TEACH Act: Understanding Applications of the TEACH Act: Distance Education and the New Copyright LawDistance Education and the New Copyright Law