Copyright and Distance
Education Course Objectives
4.1
Differentiate between myth and fact related to copyright applications in
distance education.
There are many misconceptions related
to the copyright applications in distance education. An instructional developer should be aware of
all copyright laws when teaching a distance education course. Distance education instructors must be aware
of laws to digitize documents for instructions.
Distance educators must be aware of what is and is not. Section 107 applies to the “fair use of a copyrighted work”. Fair use is determined by four criteria such as information being used in an educational setting; nonfiction are considered as fair before fictional work; when assessing a published document only use what is needed; courts decided
Section 110 allows material to be presented in face to face instructions. Activities such as read aloud, dramatic performance by class performers, composition in music class that take place in class.
Copyrighted materials
can enter the public domain through expiration of copyright protection, work
developed by or for state agencies according the state policies, materials
published by the U.S. government, and for owners to abandon their copyright.
4.4 Apply the four essential fair use
criteria and published guidelines to determine whether use of copyrighted
materials requires permission from rights holders.
1.
Uses in a nonprofit, educational
setting is more likely to be fair use than those in a proprietary college
setting.
2. Nonfiction works
are more likely to be considered fail use than fictional. Published work are favored by courts. Publications should never be reproduced.
3. The case can be considered
fair if the user only use what is necessary to meet their needs.
4. In infringement suits, the court will
consider whether it is reasonable to expect the ultimate recipient of a
reproduction to have purchased the copy or paid licensing fee.
4.5 Identify and track the status of
current copyright legislation in Congress, and be aware of the implications of
new legislation.
The
Digital Millennium Copyright Act (DMCA) 1998, and the Technology, Education,
and Copyright Harmonization (TEACH) Act 2002
4.6 Determine whether learning
materials may be used in a video-based distance education course without
permission or require authorization from the rights holder.
According
to the Technology, Education, and Copyright Harmonization Act (TEACH)
Copyright and Distance Education Terms, Words, or Phrases
1. Teach Act: Signed into office in November 2002. Provisions only apply to accredited nonprofit
educational institution. The educational
organization must have a published policy regarding teacher use of copyrighted materials.
2. Fair
Use: Fair use is a legal doctrine
that promotes freedom of expression by permitting the unlicensed use of
copyright-protected works in certain circumstances. Section 107 of the Copyright Act
3.
Digital
Millennium Copyright Act: Revision of
the 1976 copyright law.
4.
Intellectual
Property Rights: Determine who owns an
online course.
5.
Copyright: The exclusive legal right, given to an originator or an
assignee to print, publish, perform, film, or record literary, artistic, or
musical material, and to authorize others to do the same.
6.
Creative Commons: A nonprofit corporation established in
2001 to give intellectual property creators alternatives in the way the allow
other to use their work without the need to apply fair use criteria or obtain
permission.
7.
Public Domain: Works
whose exclusive intellectual property rights have expired, have been forfeited,
or are inapplicable.
9.
Web Based Education Commission: Established in 1998 by Congress as part of the reauthorization of
the Higher Education Act under Title VIII. Its mission is to ensure that all
learners have full and equal access to the capabilities of the World Wide Web,
and that online content and learning strategies are affordable and meet the
highest standards of educational quality.
10.
Right of Copyright Holders:
Reproduce the copyrighted work,
Prepare derivative works based on the copyrighted original
Distribute copies of the copyrighted work
Perform the copyrighted work
Display the copyrighted work publicly.
Copyright
is defined as a legal right
created by the law of a country that grants the creator of an original work exclusive rights for its use and
distribution. The first copyright
legislation in the United States was passed by Congress in 1790. Two critical conditions exist before a work
is eligible for copyright protection. First, copyright applies to works of
authorship representing the tangible expression of ideas, requiring originality
and some degree of creativity. Second,
the work must be fixed in a tangible medium of expression. Copyright
owners are approved the rights to do, or to authorize others to do, any
of the following: reproduce the copyrighted work,
prepare copied works based on the copyrighted original, distribute copies of the copyrighted work, perform the copyrighted work, and display the copyrighted work publicly.
prepare copied works based on the copyrighted original, distribute copies of the copyrighted work, perform the copyrighted work, and display the copyrighted work publicly.
The fair use, Section 107 is used for
purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement. A fair use is lawful and no single
judging requirement is enough to deny fair use.
The Teach Act
was passes in November 2002 and amended Section 110. The Teach Act applies to accredited nonprofit
educational institutions and has opened the door to a much wider range of
instructional technologies in distance education then were permitted by the old
section 110.
In distance
education classes the criteria specified in the
guidelines help determine what can be reproduced without the need to seek permission. Video is considered the simplest
solution of copyright limitation and should be used without restrictions.
Distance educators should seek permission if
guidelines are not related. Fair use
cannot be determined, and the TEACH Act will not apply.
The initial contact with the rights holder
should be made by telephone to confirm
precisely to whom the request should be addressed. Finally, a written copy of the request, by either mail or fax, for record purposes
precisely to whom the request should be addressed. Finally, a written copy of the request, by either mail or fax, for record purposes
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