Copyright in Online EducationCopyright in Online Education

ETLO 12.12.07

©

Janis H. Bruwelheide, Ed.D.Janis H. Bruwelheide, Ed.D.

Professor of Education Montana State University Project Director, BATE Library Media Program Director janisb@montana.edu

OverviewOverview

Copyright Basics Teach Act (quick summary) Online Issues Myths and Misperceptions

Purpose of CopyrightPurpose of Copyright

_ To promote...

– Original works of “authorship…”_ How long does it last?

Elastic!Elastic!

• Title 17, 102: “Copyright protection subsists...in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”

Title 17, Section 106:Title 17, Section 106:Exclusive RightsExclusive Rights

1. Reproduce

2. Prepare derivative works

3. Publish by distributing copies to public

4. Publicly perform

5. Publicly display

Section 107: Fair Use FactorsSection 107: Fair Use Factors

1. purpose and character of the use

commercial ? nonprofit educational?

2. nature of the work

3. amount and substantiality

4. effect of use upon potential market or value

GuidelinesGuidelines

_ Multimedia_ Off-air broadcast_ Classroom handouts_ Other??_ Problems with all…

Like Grey???Like Grey???

Fair use is the key to educators retaining “a fair use” of copyrighted materials

Many copyright owners want….

““Stuff” in an online class…Stuff” in an online class…

_ Audio_ Video_ Textual/print_ Photography_ Music_ Hmmmmm

What is the TEACH Act?What is the TEACH Act?

• Technology, Education and Copyright Harmonization Act of 2002

• Changes Section 110(2) and adds 112(f)• Expands instructors’ rights in DL to come closer

to “traditional” face-to-face setting • Contains conditions and restrictions which may

seem overpowering and costly

Role of Fair UseRole of Fair Use

• Fair use applies in the distance learning environment

• If the TEACH provisions are not useful, apply fair use.

IdeasIdeas

_ Use Ereserves when possible_ Link to outside sites but no deep-linking _ Password protect access to enrolled students _ Post notice in class, on syllabi, that material

is not to be shared outside class_ Take own photos and videos; use public

domain materials

_ Don’t be “public” about materials_ Think snips and clips not chunks of info—

especially of highly creative works_ Always provide citations_ Think about an audit BEFORE developing

a course_ Think about changes if a course becomes a

licensed commodity

Common myths & misperceptionsCommon myths & misperceptions

• “10 percent rule”• Fair use does not apply to online education• Absence of copyright domain • Educators may copy whatever… • Anything from the Internet is fair game• All material may be scanned and used on

school web pages

More myths…More myths…

• “Home use” videos may be used for entertainment

• We won’t get caught because we’re so …• It’s ok to copy software since we cannot

afford to buy it…• Recording musical concerts and selling CDs

is ok

ResourcesResourcesCopyright Crash Course http://

www.utsystem.edu/ogc/intellectualproperty/cprtindx.htmCopyright and Distance Education

http://www.copyright.iupui.edu/dist_learning.htmTEACH Act Toolkit

http://www.lib.ncsu.edu/scc/legislative/teachkit/_ http://music.podshow.com_ http://www.garageband.com_ http://www.magnatune.com_ http://creativecommons.org/_ http://www.eff.org/_ http://www.ted.com/index.php/talks/view/id/187