Copyright and Online Education Dr. Mark Konecny Scholarly Communications Publishing Coordinator University of Cincinnati

Points to discuss Can I use this? Teach Act Multimedia License agreements Who owns my on-line course? Resources

Use of images and photographs in the context of fair use Instructors in non-profit universities can generally use images in the context of a classroom lecture without violating copyright Acknowledge the source Inform students that use of copyrighted images in other contexts might violate the law- if, for example, they decide to share an image from class on their website or use it to sell a product. Remember that materials from other countries may not be covered by fair use

Restrictions on streaming videos Presenting online content is the most challenging issue in copyright and distance education. Here are some basic points: Educators may compile digital materials for display on the institution's secure electronic network for students enrolled in a class they’re teaching Students may use digital materials for academic course assignments Students may retain their academic work in their personal portfolios for later uses such as graduate school and employment applications Educators, scholars and students may use or display digital images in connection with lectures or presentations in their fields

What are the restrictions? In general, a work may not be presented in its entirety unless it is presented in the context of a single lecture, i.e. the use online has to be analogous to what a student in a brick and mortar classroom would see. Synchronous presentation is more likely to be compliant than asynchronous access The work has to be central to the lesson plan A work cannot be ripped from a physical medium like a DVD using software to disable digital rights management restrictions. There are other limitations covered under the TEACH act

(Don’t worry- I am not going to read this out loud) The TEACH ACT (Don’t worry- I am not going to read this out loud) The institution must be an accredited, nonprofit educational institution. 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 can be for either be for ‘live’ or asynchronous class sessions The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses. 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

The TEACH Act (don’ts) The TEACH Act does not allow posting or digitization of certain specific items Electronic reserves or course packs Material provided through interlibrary loan Textbooks or content provide under license from the author or publisher Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures (DRM)

A veer into licensing Netflix and other streaming services Library licenses Public performances of streaming material The difference between copyright law and a license

Intellectual Property and who owns your online course It depends It’s complicated You should ask your IP person or check your contract

Two phrases to remember when you talk to your IP person Academic freedom Work for hire According to which university you work for the content of an online course will be owned according to one of those two principles.

Resources https://www.copyright.gov/docs/regstat52599.html https://www.aaup.org/get-involved/issue-campaigns/intellectual-property-risk https://mediax.stanford.edu/pdf/MXoct2012CourseRights.pdf Stephanie Reese Masson, Online Highway Robbery: Is Your Intellectual Property Up for Grabs in the Online Classroom? MERLOT Journal of Online Learning and Teaching Vol. 6, No. 1, March 2010 http://jolt.merlot.org/vol6no1/masson_0310.htm