Copyright And Distance Education

A Synopsis

Presented by:Medaline Philbert, Jack McNeill, and Jackie Womack

Copyright and Distance Education

The focus of this presentation covers:

Distance Education– Overview of copyright law– New Legislation, TEACH (Technology, Education, and

Copyright Harmonization ) Act

Online Reserves

Multimedia

Distance Education

Overview of Copyright Law

Copyright protection is automatically assumed for almost all works that are “original works of authorship” and “fixed in any tangible medium of expression” (Section 102(a)) (http://www.ala.org/washoff/teach.html pg 2)

Distance Education

Overview of Copyright continued… Duration of copyrights is usually the life of the

author plus 70 years Rights of copyright owners:

– Makes copies– Make public performances– Displays of the works

Distance Education

Overview of Copyright continued… Fair Use

– Copyright Act since 1976 has made a simple and broad provision to allow “performances” and “displays” in the face-to-face classroom environment (Section 102(a)) (http://www.ala.org/washoff/teach.html pg 2)

Distance Education

TEACH Act demonstrates that Congress acknowledges the importance of distance education, significance of digital media, and resolution of copyright conflicts.

Distance Education

Congressional version of distance education:

“…occur in discrete installments…” Influenced by traditional classroom setting Focus is on educational institutions’ behavior

than on the actions of instructors Institutions are permitted “to retain limited

copies for limited purposes”

Distance Education

Benefits of the TEACH Act: “Primarily its repeal of earlier version of Section

110(2), drafted mainly in the context of closed circuit television, allowed transmission to be received only in classrooms or similar locations. Therefore, modern, digital transmissions that provide distributive reach could seldom be applied.”

Distance Education

Benefits of the TEACH Act:

1. Expanded range of allowed works

2. Expansion of receiving locations

3. Storage of transmitted content

4. Digitizing of analog works(http://www.ala.org/washoff/teach.html pg 4)

Distance Education

TEACH Act requirements before educator can enjoy the benefits:

Duties of Institutional Policymakers1. Accredited nonprofit institution

2. Copyright policy

3. Copyright information

4. Notice to students

5. Enrolled students

Distance Education

TEACH Act requirements before educators can enjoy the benefits:

Duties of Information Technology Officials1. Limited access to enrolled students

2. Technological controls on storage and dissemination

3. Interference with technological measures

4. Limited temporary retention of copies

5. Limited long-term retention of copies

Distance Education

TEACH Act requirements before educator can enjoy the benefits:

Duties of Instructors – works requiring no permission1. Works explicitly allowed

Performances of nondramatic literary works Performances of nondramatic musical works Performances of any other work, including dramatic and

audiovisual works, but in “reasonable and limited portions” Displays of any work comparable to that displayed in a face-to-

face classroom

Distance Education

Requirements of the TEACH Act before educators can enjoy the benefits:

Duties of Instructors – works requiring no permission2. Works explicitly excluded

Available in the market Illegal copies

3. Instructor oversight Directly class related

4. Mediated instructional activities5. Converting analog materials to digital formats

Online Reserves

Copyright Act Fair Use Guidelines

Online Reserves Continued

The Copyright Act of 1976 sets forth: Ownership Rights in Copyrighted Works Infringement Fair Use

Online Reserves Continued

Ownership rights include: Making Copies Modifying Distribution

Online Reserves Continued

Copyright covers Original work For a term of years

Online Reserves Continued

Copyright does not protect Lists of facts (like the telephone book) U.S. Government publications Public Domain (works prior to 1922) Shareware Facts Ideas

Online Reserves Continued

Term of years Has varied over time 95 years from publication for “Corporate

Authors” For individuals “life of the author” plus 70 years

Online Reserves Continued

Infringement Violates rights of the copyright holder Person infringing liable for substantial penalties

Online Reserves Continued

Fair Use Purpose of use (educational) Nature of the work (work books) Proportion used Effect on market for work

Online Reserves Continued

Proportion Maximum of 25% of a book Short excerpts Maximum of two articles from one periodical

issue Charts, graphs, cartoons

Online Reserves Continued

Market for work Institution (or instructor) must already legally

possess the work Limited duration Limited access

Online Reserves Continued

Guidelines Single articles or chapters, or small parts of

works Small part of the materials required for course Already possessed by institution Include copyright notice One course, one semester

Multimedia

Copyright Law Patent Law Trademark Law Trade Secret Law

Multimedia continued

Two reasons why it is important for a multimedia developer or publisher to be familiar with basic principles of copyright law:– To avoid infringing on copyrights owned by others– To control unauthorized exploitation of their works

Multimedia continued

SCOPE OF PROTECTION

Copyright protects against copying the “expression” in a work, not against copying the work’s ideas. This difference is difficult to discern.

Multimedia continued

5 exclusive rights in the copyrighted work:– Reproduction Right– Modification Right– Distribution Right– Public Performance Right– Public Display Right

Multimedia continued

Patent Law

Patent Protection

Multimedia continued

Trademarks

Trademark Law

Trade Secret Law

Multimedia continued

Six factors in determining a trade secret– The extent to which the information is known

outside the claimant’s business– The extent to which the information is known by the

claimant’s employees– The extent of measures taken by the claimant to

guard the secrecy of the information

Multimedia continued

Six factors in determining a trade secret – The value of the information to the claimant and the

claimant’s competitors– The amount of effort or money expended by the

claimant in developing the information– The ease with which the information could be

acquired by others

Multimedia continued

Website Issues Worldwide licenses Public display rights Legal and technical aspects

Multimedia continued

Multimedia Copyright Clearinghouse– Participation on a voluntary basis– Could cover a subset of copyright interests at the

outset– Initial phase would be to establish a database of

information without royalty payment administration– The information database for different types of

works could be on different servers.

Multimedia continued

Multimedia Copyright Clearinghouse– Nonexclusive licenses– “Routine” or standard license rights– Royalties would be set by the owner– Grant licenses in order to protect licensees– Affirmative standard license rights

CONCLUSION

Resources

Copyright Management Center – Law Resources. http://www.copyright.iupui.edu/law_resources.htm. 11/8/2002

Fenwick & West LLP, Multimedia & Software Law Publications. http://www.batnet.com/oikoumene/FWArts.html. 11/7/2002

WWW Multimedia Law – Internet contracts, licenses. http://www.batnet.com/oikoumene/. 11/7/2002

Works Cited

Crews, Kenneth D. “New Copyright Law for distance Education: The Meaning and Importance of the TEACH Act” http://www.ala.org/washoff/teach.html

Brinson, J.D and Radcliffe, M.F. “An Intellectual Property Law Primer For Multimedia and Web Developers.” http://www.eff.org//CAF/law/ip-primer, 11/7/2002

Greguras, Fred. “Copyright Clearances and Moral Rights.” http://www.batnet.com/oikoumene/mmcpyrt_doubts.html, 11/7/2002