Copyright In Distance Education

Abdulkadir Vardar

e1395631

CENG

Overwiew

What is Copyright? What Can Be Copyrighted? How Long Does Copyright Last? What is in the Public Domain? What is Fair Use? Alternatives to Copyright TEACH ACT

Copyright allows authors, musicians, artists, for us educators etc. to make money off of their labor. It prevents others from taking there work for free. It also prevents people from altering the work without permission.

Without Copyright...

The main motive for creative endeavors (money) disappears. If educators can’t make a living educating, most will not produce new materials. There will be very bad quality meterials.

If copyright exists but can’t be enforced, the above still happens eventually. The end result is less creative content and hard to pirate distribution methods become preferred like print and closed databases.

What Can Be Protected?

Literary Works Musical Works Dramatic Works Choreographic Work Pictorial, Graphic, and Sculptural Works Motion Pictures and AV Sound Recordings Architectural Works

Which rights copyright provides? Right to reproduce the work. Right to prepare derivative works. Right to distribute copies for sale. Right to perform AV works publicly. Right to display musical and artistic works

publicly.

How Long Does Copyright Last? A copyright last for life plus 70 years for

individuals for anything on or after 1978. A copyright lasts for 95 years for corporate

authors after publication for anything on or after 1978. (It is 120 years after creation if not published.)

Works published before 1978 and after 1923 are protected for 95 years.

There is no need to include a copyright notice. (©, 2003). However, it is a good idea to do so due to ignorance.

The copyright is in force when the work is “fixed” which includes saving to disk or writing it on paper.

Public Domain

Anything in the public domain is useable by anyone in any way that they want. No one owns it.

Everything published before 1923 is in the public domain.

Authors can choose to put work in the public domain by including a notice that the item is in the public domain.

Fair use is...

Use of material for criticism, comment, news reporting, teaching, scholarship, and research.

Limitations apply. This includes consideration of the purpose, nature, amount and substantiality, and the effect of the use on potential value of work.

Better is...

You can use excerpts from a book to write a review of it. However, you can’t reproduce whole chapters of the book for reviewing purposes without permission.

A class dealing with film studies can screen a movie without payment for study purposes. However, no admission can be charged and only students in the class can attend the screening.

Difficult area that can get people in trouble. Consult an attorney if you are in doubt…

Alternatives to Copyright

Licenses – Creators can retain copyright but allow people to use content under certain terms. For example, the copyright can give schools to use content for free and without permission. Example: (http://www.creativecommons.org/)

Open License – Others can use but must credit original source. Further, any version that others create must also have the open license and be useable by others as well. Example: (http://www.wikipedia.org/).

Copyright in Education

Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others' works in the classroom.

Distance Education causes two important questions related to copyright to come into minds;

the question of ownership of the newly created work (TEACH ACT)

the question of fair use of existing materials. (mentioned)

TEACH ACT

Stands for Technology, Education, and Copyright Harmonization (TEACH) Act

TEACH Act brings benefits and burdens as well as rights and responsibilities.

Broad authorities for face-to-face teaching shrank to vanishing point for distance education.

Benefits of TEACH Act

Expanded range of allowed works: permits display and performance of nearly all types of works.

Expansion of receiving locations: authorizes educational institutions to reach students for distance education at any location.

To limited extent, permits storage of transmitted content.

Permits digitization of some analog works.

Requirements of the TEACH Act • Duties of Institutional Policy-Makers • Duties of Information Technology Officials • Duties of Instructors

Duties of Information Technology Officials: Limit access to enrolled students Limit access only for the time period

necessary to complete the class session Do not interfere with technological measures Prevent further copying of copyrighted works Prevent further distribution of copyrighted

works

Duties of Instructors: Works explicitly allowed. Performances of non dramatic literary

works, non dramatic musical works, any other work but only in limited portions or in an amount comparable to that typically displayed in the course of a live class.

Works explicitly excluded. Works primarily marketed for in-class use in the digital distance education market; works not lawfully made or acquired; textbooks, course packs typically purchased by students individually. Covers works instructor shows during class, not materials instructor wants student to study on their own outside of class.

Instructor oversight. Performance part of systematic mediated instructional activity; made by or under supervision of instructor; directly related and of material assistance to teaching content; limited to students enrolled.

Converting analog materials to digital formats. Prohibits conversion of materials from analog to digital formats, except if: (1) the material is within the prescribed portion limits, (2) educators cannot find digital versions from other sources.

The Limitations of TEACH Act Congressional vision that distance education

occurs in discrete installments in cohesive lecture like package.

Many uses of copyrighted works essential for distance education may be barred by TEACH Act.

Educators must be open to exploring alternatives.

Conclusion

TEACH Act has benefits/burdens, opportunities/responsibilities.

Fair Use becomes all the more important.

References

http://www.copyright.iupui.edu/dist_learning.htm

www.utsystem.edu/OGC/intellectualProperty/teachact.htm

http://www.lib.ncsu.edu/scc/legislative/teachkit/