1. Cornell Institute for Digital Collections 1 Copyright and Distributed Learning Peter B. Hirtle Director Cornell Institute for Digital Collections pbh6@cornell.edu

2. Cornell Institute for Digital Collections 2 Overview of Presentation Scope of issues In-class vs. distributed teaching Strategies for using material DON’T EXPECT DEFINITE ANSWERS IANAL

3. Cornell Institute for Digital Collections 3 Distributed Learning and Copyright Three potential areas of concern: –Using material in a DL course –Protecting your own investment in a course –Providing library services to DL We’ll focus on the first

4. Cornell Institute for Digital Collections 4 What are the exclusive rights of the copyright owner? Reproduction Distribution Derivative works Public performance and display Transmission Moral rights for art Technological protection systems Movie example…

5. Cornell Institute for Digital Collections 5 Educational Exemptions 3 of importance to distributed learning: –Display in face-to-face teaching [110(1)] –Distance learning [110(2)] –Fair Use (107) Note that the first two are very limited

6. Cornell Institute for Digital Collections 6 Face-to-face teaching Section 110(1) permits: –Performance of any work, regardless of medium in face-to-face teaching –Must be part of systematic instructional activities –Directly related to teaching content –Can be broadcast to people with disabilities –Copy must be lawfully made

7. Cornell Institute for Digital Collections 7 Distributed Learning Section 110(2) permits: –“Performance of a nondramatic literary or musical work or display of a work” –“Display” of a still image –Must be to a classroom –Part of systematic instruction

8. Cornell Institute for Digital Collections 8 “Leave Logic at the Door…” Showing the same movie to students here and elsewhere requires different permissions Reading from Moby Dick is ok; showing the movie is not A dramatic reading of Moby Dick to distant students may not be legal… You can play a popular song but not an opera –But what about Pinball Wizard?

9. Cornell Institute for Digital Collections 9 Can you ignore the law? Potential copyright damages –$150,000 per instance for willful violation Criminal liability Limited protection from the University –University has protection under DMCA –Violation of acceptable use policy

10. Cornell Institute for Digital Collections 10 So how can you use copyrighted materials in modern distance ed courses? First, determine scope of your course –Limited to university or commercial? Confirm copyright status of material –Make sure material really is copyrighted! –Many people claim copyright when none exists –Copyright may have expired

11. Cornell Institute for Digital Collections 11 How long do copyrights last? Works created during or after 1978 –Life of the author plus 70 years –Work for hire: 95 years from publication Works published before 1978 –Generally 95 years maximum –Shorter if the work was not registered/renewed Works created but not published before 1978 –Life of the author plus 70 years –Delayed until 1 January 2003 See

12. Cornell Institute for Digital Collections 12 2nd approach: fair use Judicially interpreted doctrine – –Purpose –Nature –Amount –Effect on market

13. Cornell Institute for Digital Collections 13 Fair use guidelines Little agreement Common elements included: –One time exemption –Limited to classrooms –Removed after 15 days See Cornell’s Guidelines for Web Pages…

14. Cornell Institute for Digital Collections 14 3 rd approach: seek permission Mandatory for commercial use Often complicated… Resources licensed by the library may be an easy solution

15. Cornell Institute for Digital Collections 15 Future solutions? TEACH Act –Brings current law into 21 st century –Uncertain future…

16. Cornell Institute for Digital Collections 16 Summary Past practices are not a good guide to this new world Distributed learning will require new approaches to copyright management

17. Cornell Institute for Digital Collections 17 For More Information… The Copyright Law –http://www4.law.cornell.edu/uscode/17/ Cornell web page guidelines The Public Domain : How to Find and Use Copyright-Free Writings, Music, Art & More by Stephen Fishman. Nolo Press, 2001