1. Copyright in Online Education ETLO 12.12.07 ©

2. Janis H. Bruwelheide, Ed.D.  Professor of Education  Montana State University  Project Director, BATE  Library Media Program Director  janisb@montana.edu

3. Overview  Copyright Basics  Teach Act (quick summary)  Online Issues  Myths and Misperceptions

4. Purpose of Copyright _ To promote... –Original works of “authorship…” _ How long does it last?

5. Elastic! Title 17, 102: “Copyright protection subsists...in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”

6. Title 17, Section 106: Exclusive Rights 1. Reproduce 2. Prepare derivative works 3. Publish by distributing copies to public 4. Publicly perform 5. Publicly display

7. Section 107: Fair Use Factors 1. purpose and character of the use commercial ? nonprofit educational? 2. nature of the work 3. amount and substantiality 4. effect of use upon potential market or value

8. Guidelines _ Multimedia _ Off-air broadcast _ Classroom handouts _ Other?? _ Problems with all…

9. Like Grey??? Fair use is the key to educators retaining “a fair use” of copyrighted materials Many copyright owners want….

10. “Stuff” in an online class… _ Audio _ Video _ Textual/print _ Photography _ Music _ Hmmmmm

11. What is the TEACH Act? Technology, Education and Copyright Harmonization Act of 2002 Changes Section 110(2) and adds 112(f) Expands instructors’ rights in DL to come closer to “traditional” face-to-face setting Contains conditions and restrictions which may seem overpowering and costly

12. Role of Fair Use Fair use applies in the distance learning environment If the TEACH provisions are not useful, apply fair use.

13. Ideas _ Use Ereserves when possible _ Link to outside sites but no deep-linking _ Password protect access to enrolled students _ Post notice in class, on syllabi, that material is not to be shared outside class _ Take own photos and videos; use public domain materials

14. _ Don’t be “public” about materials _ Think snips and clips not chunks of info— especially of highly creative works _ Always provide citations _ Think about an audit BEFORE developing a course _ Think about changes if a course becomes a licensed commodity

15. Common myths & misperceptions “10 percent rule” Fair use does not apply to online education Absence of copyright domain Educators may copy whatever… Anything from the Internet is fair game All material may be scanned and used on school web pages

16. More myths… “Home use” videos may be used for entertainment We won’t get caught because we’re so … It’s ok to copy software since we cannot afford to buy it… Recording musical concerts and selling CDs is ok

17. Resources Copyright Crash Course http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm Copyright and Distance Education http://www.copyright.iupui.edu/dist_learning.htm TEACH Act Toolkit http://www.lib.ncsu.edu/scc/legislative/teachkit/ http://www.lib.ncsu.edu/scc/legislative/teachkit/ _ http://music.podshow.com _ http://www.garageband.com http://www.garageband.com _ http://www.magnatune.com _ http://creativecommons.org/ http://creativecommons.org/ _ http://www.eff.org/ http://www.eff.org/ _ http://www.ted.com/index.php/talks/view/id/187 http://www.ted.com/index.php/talks/view/id/187