Stephen W. WattsNorthcentral University

Audio Version of this Presentation

To access an audio version of this presentation, please click on this link.

OverviewCopyright principlesIntellectual Property BalanceEducation before the TEACH ActFair Use DoctrineTechnology, Education, and Copyright

Harmonization (TEACH) Act of 2002TEACH Act Impact on InstructorsTEACH Act ViewsQuestionsReferences

CopyrightThe U.S. Constitution provides

protections for creative works of the mind as long as they meet three conditions: The work is original The work represents an expression, and

The work is perceivable in a set form.

Intellectual Property BalanceCopyright law in generally based on a

balance between two competing interests: The creators, or copyright holders economic interest to be able to profit from their labors

Society benefits from the sharing and discovery of new knowledge

Distance Education before the TEACH Act

Required sharing of copyrighted material in a physical classroom

Precluded the transmission of copyrighted material digitally online

Fair Use Doctrine Five factors that are weighed to

determine fair use:The purpose of the workThe nature of the workThe amount of the work usedAffect of the use on the potential market, and

Good faith

Technology, Education, and Copyright Harmonization Act, 2002“The TEACH Act is a clear signal that

Congress recognizes the importance of distance education, the significance of digital media, and the need to resolve copyright clashes” -- (Crews, n.d., Context of Distance Education, para.

1).

TEACH Act Impact on InstructorsLimitations Imposed on InstructorsBenefits of the Act on InstructorsSubject Matter ConsiderationsTransmission Conditions

Limitations Imposed on Instructors The amount of material used is comparable to a

live, face-to-face classroom. The material must be delivered under the

direction of an instructor The material has to be directly related to the

course topic The material is distributed only to enrolled

students, for a limited period of time Both instructor and students must demonstrate

their compliance with institutional copyright policies

Benefits to InstructorsExpansion of copyrightable material

that falls under fair useExtends allowable locations to more

than a physical classroomAllows student retention of material

for a short period of timeAllows conversion of analog works

to digital formats

Subject Matter ConsiderationsAllowed

Nondramatic literary worksNondramatic musical works

LimitedAny other works in “reasonable and limited portions”

(17 U.S.C. § 110)Amounts comparable to that shown in “a live

classroom session” (17 U.S.C. § 110)Not allowed

Commercially available educational materials (Crews, n.d.)

Copies “not lawfully made and acquired” (17 U.S.C. § 110)

Transmission Conditions Materials are accessible only to

enrolled students

The transmission process is circumscribed to the extent of technical feasibility.

TEACH Act ViewsViews on the TEACH Act: Spreads the liability for infringement

around Doesn’t go far enough Opportunity and responsibility

combined Destructive of knowledge advancement Hampers educators Intimidates educators

An OpinionThe original intent of the Copyright Act was “to

promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” (U.S. Constitution, article 1, § 8).

The current system of control and limitation neither promotes the good of society, nor limits the duration of copyright protections.

The current system promotes the “slow extermination of the public domain” (McDermott, 2012, p. 16) and runs counter to the original intent of the Founders and of the law.

Questions ?What questions do you have regarding the

TEACH Act and its impact on distance learning and education?

References Burgunder, L. B. (2011). Legal aspects of managing technology (5th ed.). Mason, OH: South-Western Cengage Learning.Crews, K. D. (n.d.). Distance education and the TEACH Act. Retrieved from American Library Association (ALA) website:

http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939

Dougherty, W. C. (2010). Managing technology: The copyright quagmire. The Journal of Academic Librarianship, 36, 351-353. doi:10.1016/j.acalib.2010.05.020

Galin, J R., & Latchaw, J. L. (2010). From incentive to stewardship: The shifting discourse of academic publishing. Computers and Composition, 27, 211-224. doi:10.1016/j.compcom.2010.06.010

Litman, J. (2001). Digital copyright. Amherst, NY: Prometheus Books.Lyons, M. G. (2010). Open access is almost here: Navigating through copyright, fair use, and the TEACH Act. Journal of

Continuing Education in Nursing, 41(2), 57-64. doi:10.3928/00220124-20100126-03McDermott, A. J. (2012). Copyright: Regulation out of line with our digital reality? Information Technology & Libraries, 31(1), 7-

20. doi:10.6017/ital. v31i1.1859Simon, D. A. (2010). Teaching without infringement: A new model for educational fair use. Fordham Intellectual Property, Media

& Entertainment Law Journal, 20(2), 453-561. Retrieved from http://law.fordham.edu/fordham-intellectual-property-media-and-entertainment-law-journal/iplj.htm

Sun, J. C., & Baez, B. (2009). Intellectual property in the information age: Knowledge as commodity and its legal implications for higher education. San Francisco, CA: Wiley/Jossey-Bass.

Technology, Education, and Copyright Harmonization, 17 U.S.C. § 110 (2002).U.S. Constitution. article I, § 8. Waxer, B. M., & Baum, M. L. (2006). Internet surf and turf revealed: The essential guide to copyright, fair use, and finding media.

Boston, MA: Thomson Course Technology.Wilson, L. (2005). Fair use, free use and use by permission: How to handle copyrights in all media. New York, NY: Allworth

Press.