BITS, BYTES AND COPYRIGHTS COPYRIGHT IN THE ONLINE TEACHING ENVIRONMENT

ISN’T ALL EDUCATIONAL USE “FAIR USE?” FAIR USE is a doctrine that has developed over the years, and is simply stated as four factors: the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

WHAT IS THE “TEACH ACT”? When looking at fully online instruction, we can call on the provisions of the TEACH Act (Technology, Education and Copyright Harmonization) signed in 2002 by President Bush. Under TEACH : Instructors may use a wider range of works in distance learning environments. Students may participate in distance learning sessions from virtually any location. All participants enjoy greater latitude when it comes to storing, copying and digitizing materials.

SO…HOW DO I KNOW WHETHER I CAN USE THE TEACH EXEMPTIONS? The following criteria must be met, including: The use must be part of mediated instructional activities. The use must be limited to a specific number of students enrolled in a specific class. The use must not include the transmission of textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses. Only "reasonable and limited portions," such as might be performed or displayed during a typical live classroom session, may be used. The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials. The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut & paste disabling, etc.

SOME MAJOR ISSUES WITHIN THE ONLINE ENVIRONMENT: Determining how much of any type of item is permissible to use, either following FAIR USE or the TEACH Act. Finding alternatives that students can afford. Navigating the many and sometime contradictory sources of copyright information that can by found on the web

USING PRINT AND MEDIA RESOURCES IN THE ONLINE ENVIRONMENT PRINT has many of the same limits whether it is online, hybrid or face-to-face MEDIA can be it’s own special brand of crazy…

SOME RESOURCES CONSULTED Fair Use and Copyright for Online Education: Examples: Video (University of Rhode Island, University Libraries) Library Journal, online news item: Court Reverses Ruling on Publishers vs. Georgia State E- Reserve Case by Lisa Peet reverses-ruling-on-publishers-vs-georgia-state-e-reserve-case/ reverses-ruling-on-publishers-vs-georgia-state-e-reserve-case/ Options for Using Film in Courses Library: University of MKichigan:

FOR MORE INFORMATION OR A CONSULTATION Pam O’Sullivan Head of Integrated Public Service Drake Memorial Library