Copyright Issues in On-line Courses Copyright Issues in On-line Courses

The Teach Act Technology, Education and Copyright Harmonization Act Section 110(2) of the U.S. Copyright Acts The Teach Act Technology, Education and Copyright Harmonization Act Section 110(2) of the U.S. Copyright Acts

Section 110(2)’s expanded rights include the following: Transmitting performances of all of a non- dramatic literary or musical work. Transmitting reasonable and limited portions of any other performance. Transmitting displays of any work in amounts comparable to face to face displays. Section 110(2)’s expanded rights include the following: Transmitting performances of all of a non- dramatic literary or musical work. Transmitting reasonable and limited portions of any other performance. Transmitting displays of any work in amounts comparable to face to face displays.

Rules of Thumb…. …. In any distance learning context, remember: small parts, limited times and limited access are the keys to fair use. 1.Incorporate performances of other’s works - sparingly - Only if a faculty member or the institution possesses a legal copy of the work (I.e., by purchase, license, fair use, interlibrary loan, etc.). Rules of Thumb…. …. In any distance learning context, remember: small parts, limited times and limited access are the keys to fair use. 1.Incorporate performances of other’s works - sparingly - Only if a faculty member or the institution possesses a legal copy of the work (I.e., by purchase, license, fair use, interlibrary loan, etc.).

2. Include - any copyright notice on the original - appropriate citations and attributions to source - a Section 108(f)(1) notice 3. Limited access to students enrolled in the class. Terminate access at the end of the class term. 2. Include - any copyright notice on the original - appropriate citations and attributions to source - a Section 108(f)(1) notice 3. Limited access to students enrolled in the class. Terminate access at the end of the class term.

4. Students, Faculty and staff may - Incorporate other’s works into a multimedia work - display and perform a multimedia work In connection with or creation of - class assignments, curriculum materials, remote instruction, examinations, student portfolios, professional symposia. 4. Students, Faculty and staff may - Incorporate other’s works into a multimedia work - display and perform a multimedia work In connection with or creation of - class assignments, curriculum materials, remote instruction, examinations, student portfolios, professional symposia.

5. Be conservative. Use only small amounts of other’s works Don’t make any unnecessary copies of multimedia work.In connection 5. Be conservative. Use only small amounts of other’s works Don’t make any unnecessary copies of multimedia work.In connection

The four fair use factors: 1.What is the character of the use? 2. What is the nature of the work to be used? 3.How much of the work will you use? 4.What effect would this have on the market for the original or for permission if the use were widespread? The four fair use factors: 1.What is the character of the use? 2. What is the nature of the work to be used? 3.How much of the work will you use? 4.What effect would this have on the market for the original or for permission if the use were widespread?

Factor 1: What is the character of the use? - Nonprofit- Criticism- Commercial - Educational- Commentary - Personal- Newsreporting - Parody - Otherwise “transformative” use - Nonprofit- Criticism- Commercial - Educational- Commentary - Personal- Newsreporting - Parody - Otherwise “transformative” use

Factor 2: What is the nature of the work to be used? -Fact- A mixture of- Imaginative -Published of fact and- Unpublished imagination -Fact- A mixture of- Imaginative -Published of fact and- Unpublished imagination

Factor 3: How Much of the work will you use? -Small Amount- More than a small amount

Factor 4: If this kind of use were widespread, what effect would it have on the market for the original or for permissions? -After evaluation of the first three factors,the Proposed use is tipping towards fair use. -After evaluation of the first three factors,the Proposed use is tipping towards fair use. - Original is out of print or otherwise unavailable - No ready market for permission - Copyright owner is unidentifiable - Original is out of print or otherwise unavailable - No ready market for permission - Copyright owner is unidentifiable - Competes with the orginal - Avoids payment for permission - Competes with the orginal - Avoids payment for permission

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