TEACHING OLD DOGS TEACHING OLD DOGS NEW CLICKSNEW CLICKS

• DR. BOB DIOTALEVIDR. BOB DIOTALEVI Legal Studies, FGCULegal Studies, FGCU

Oh, what a tangled web we weave, Oh, what a tangled web we weave, When we first practise to deceiveWhen we first practise to deceive!!**

*Lay of the Last Minstrel,Canto i. Stanza 7

by

Sir Walter Scott 1771-1832

How to be happy and How to be happy and safe in Cyberlandsafe in Cyberland

• I can use I can use anything!anything!

America’s First Copyright

Signed in script type by George Washington, appearing in The Columbian Centinel, July 17, 1790

http://earlyamerica.com/

BASIC BASIC ©©OPY OPY RIGHTSRIGHTS1. Reproduction of the copyrighted 1. Reproduction of the copyrighted work,work,2. Preparation of derivative works 2. Preparation of derivative works (adaptations) based upon the (adaptations) based upon the copyrighted material,copyrighted material,3. Distribution of the work,3. Distribution of the work,4. Performance of the work publicly, 4. Performance of the work publicly, 5. Displaying of the work publicly 5. Displaying of the work publicly    17 U.S.C.A § 10617 U.S.C.A § 106

©©OPYRIGHT DE-FENSESOPYRIGHT DE-FENSES

+ The work is in the public domain.

+ The copyright may be expired, or the holder may have forfeited his or her rights in the work, or

+ The copyright holder may have granted another permission to use the work, or

+ “Fair use”+ The TEACH Act 

IS IT FAIR USE?IS IT FAIR USE? The 4-Factor TestThe 4-Factor Test

1. The purpose and character of the use, including whether use is of a commercial nature or is for nonprofit educational purposes,

2. The nature of the copyrighted work,

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole and

4. The effect of the use upon the potential market for or value

17 U.S.C. § 107

TEACHING OLD DOGS TEACHING OLD DOGS NEW CLICKSNEW CLICKS

– THE DMCATHE DMCA

THE T.E.A.C.H. ACTTHE T.E.A.C.H. ACT(Technology, Education,

& Copyright Harmonization)

• 1.1.         When digitizing analog works, the law mandates When digitizing analog works, the law mandates that no digital version is available, and they must be free that no digital version is available, and they must be free from technological protections that would prevent their from technological protections that would prevent their uses as authorized,uses as authorized,

• 2.2.            Materials may be uploaded onto a serve to be Materials may be uploaded onto a serve to be disseminated only to students enrolled in a secure disseminated only to students enrolled in a secure course in accordance with Section 110,course in accordance with Section 110,

• 3.3.            Materials cannot be for the public, especially while Materials cannot be for the public, especially while the regular course is not in session. They should be the regular course is not in session. They should be made available during “classtime”, made available during “classtime”,

• 4.4.            Retention of materials by the institution is Retention of materials by the institution is permitted to the extent it is necessary for asynchronous permitted to the extent it is necessary for asynchronous instruction thereof,instruction thereof,

TEACHTEACH (cont.) (cont.)• 5.5.            The Act amends Section 112 regarding ephemeral The Act amends Section 112 regarding ephemeral

recordings, i.e., copies can be kept solely for transmission recordings, i.e., copies can be kept solely for transmission purposes pursuant to Section 110(2),purposes pursuant to Section 110(2),

• 6. Those involved in the process must be educated about 6. Those involved in the process must be educated about copyright law,copyright law,

• 7.7.            Supervision and policing by the school and instructor Supervision and policing by the school and instructor are deemed crucial so as to protect the rights of the are deemed crucial so as to protect the rights of the copyright holder regarding performance or display at the copyright holder regarding performance or display at the institution, andinstitution, and

• 8.8.            The institution must provide notice that materials are The institution must provide notice that materials are or may be copyrighted as well as informational materials or may be copyrighted as well as informational materials concerning copyright law.concerning copyright law.

Pub. L. 107-273 (2002)

5 major changes assisting DL5 major changes assisting DL

• Works now include “limited and reasonable portions that Works now include “limited and reasonable portions that used to require permission to use, i.e. , “an amount used to require permission to use, i.e. , “an amount comparable to that typically displayed in the course of a comparable to that typically displayed in the course of a live classroom setting.” (if can been used in face-to-face live classroom setting.” (if can been used in face-to-face now can use in a transmission). now can use in a transmission).

• The elimination of face-to-face classroom.The elimination of face-to-face classroom.• Copyrighted materials can be stored on a server for Copyrighted materials can be stored on a server for

synchronous and asynchronous performances and synchronous and asynchronous performances and displays. displays.

• Digitized versions of analog works can be made that are Digitized versions of analog works can be made that are not available in digital format. not available in digital format.

• Faculty, staff and students are absolved of liability for Faculty, staff and students are absolved of liability for temporary, cache copies made in the digital process. temporary, cache copies made in the digital process.

The TEACH Act Digitization The TEACH Act Digitization Do's and Don'tsDo's and Don'ts

Do NotDo Not digitize an entire literary dramatic workdigitize an entire literary dramatic workDo NotDo Not digitize an entire dramatic musical workdigitize an entire dramatic musical workDo NotDo Not retain digital copies past the class sessionretain digital copies past the class sessionDo Do use "reasonable and limited portions" of audiovisual worksuse "reasonable and limited portions" of audiovisual worksDoDo use "reasonable and limited portions" of dramatic musical use "reasonable and limited portions" of dramatic musical

worksworksDoDo use an entire NON-dramatic literary workuse an entire NON-dramatic literary workDo Do use an entire NON-dramatic musical workuse an entire NON-dramatic musical workDoDo use performances of any works that would be the same use performances of any works that would be the same

amount you use in your face-to-face classroomamount you use in your face-to-face classroomBALL STATE UNIVERSITY COPYRIGHT CENTER BALL STATE UNIVERSITY COPYRIGHT CENTER http://www.bsu.edu/library/collections/copyright/complying/http://www.bsu.edu/library/collections/copyright/complying/

The United States The United States Copyright Office Copyright Office

Contact informationContact information  Phone: 202-707-3000 (person) Phone: 202-707-3000 (person) Phone: 202-707-9100 (publications)Phone: 202-707-9100 (publications)Fax: 202-707-Fax: 202-707-26002600Web: Web: http://lcweb.loc.gov/copyrighthttp://lcweb.loc.gov/copyright

Copyright updates via e-mailCopyright updates via e-mail

NewsnetNewsnet::

1.1. Send an e-mail message to Send an e-mail message to “ “LISTSERV@RS8.loc.gov” LISTSERV@RS8.loc.gov” 2. Put in the body of the message2. Put in the body of the message “ “Subscribe USCopyright” Subscribe USCopyright”

THANKS!THANKS!Dr. Bob DiotaleviDr. Bob DiotaleviProgram Coordinator, Program Coordinator, Legal StudiesLegal Studies

Florida Gulf Coast UniversityFlorida Gulf Coast University

E-mail: bdiotale@fgcu.eduE-mail: bdiotale@fgcu.edu