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Copyright Laws and Policies
Transcript of Copyright Laws and Policies
Copyright Laws and Policies
By: Shaneka Zakers & Carlos Jenkins
Copyright/Fair Use: A Brief Overview
According to the text, Teaching and Learning with Technology, copyright is defined as “the laws that protect the interests of those who own creative works in form of text, music, artwork, software, or any other creative product”. The US copyright laws grant the creator exclusive rights to their creations and any financial gain obtained from their creations. To use copyright material the creator must give permission or the creator can take legal action.
Fair Use guideline “is a section of the copyright law that identifies the criteria, under which you may be allowed to copy another’s creative work”. These guidelines are used to determine what materials a teacher can use, in face to face classroom instruction. The Technology Education and Copyright Harmonization (TEACH) Act became a law in 2001. This law clarifies the Fair Use guidelines as they relate to distance (online) education. (Lever-Duffy)
Assessing Ownership and Obtaining Permission
Obtaining Copyrights and Infringement Penalties
The penalties for copyrights violations may differ case by case. The four possible penalties are
1. An order against violations, which stops the violator from future copying or distributing copyright work.
2. Confiscating or destruction of violated copies
3. Repaying damages such as the violator’s profits
4. Violator can be fined in addition to paying attorney's fees(Frequently Asked Questions (and Answers) about Copyright)
Copyright/Fair Use and Distant Education
The integration of copyrighted material in distance education is protected by the TEACH Act. The TEACH, “Technology, Education and Copyright Harmonization”, Act was enacted in 2002 to provided restricted uses of copyrighted material in distance education or any other transmissions of the content to students (Crews, 2010). It is required that instructors are in control of the copyrighted material that is delivered to students. Furthermore, any material used in distant learning courses should only be available to students enrolled in that course. Consequently, after students have completed the course, all of the copyrighted material should no longer be available to them.
I. The TEACH Act permits performances of nondramatic literary works, performances of nondramatic musical works, performances of other work such as dramatic works and audiovisual works. Dramatic works and audiovisual works should only be used in small portions. The nondramatic works include the reading of a short story reading or the reading of poetry. Dramatic musical works such as operas or music videos should be shown in reasonable portions (Crews, 2010).
Works not allowed
II. Under the TEACH Act, instructors are not able to use “performances or displays given by means of copies “not lawfully made and acquired” under the U.S. Copyright Act, if the educational institution “knew or had reason to believe” that they were not lawfully made and acquired.” In distance education, works that are marketed “primarily for performance or display as part of mediated instructional activities transmitted via digital networks” are also not allowed to be used (U.S. Copyright Code). That includes electronic textbooks and multimedia tutorials.
17 USC Chapter 5 - COPYRIGHT INFRINGEMENT AND REMEDIES. (n.d.). Retrieved 2013, from Cornell University Law School: http://www.law.cornell.edu/uscode/text/17/chapter-5
Can I Use Someone Else's Work? Can Someone Else Use Mine? (2013). Retrieved from Copyright: http://www.copyright.gov/help/faq/faq-fairuse.html
Fair Use Guidelines Self Test. (n.d.). Retrieved 2013, from Pearson: http://wps.ablongman.com/wps/media/objects/1535/1571998/figures/table12.1.pdf
Frequently Asked Questions (and Answers) about Copyright. (n.d.). Retrieved 2013, from Chilling Effects: http://chillingeffects.org/copyright/faq.cgi#QID342
(n.d.). Teachers and Copyrights. In J. a. Lever-Duffy, Teaching and Learning with Technology (pp. 364-365, 400). Pearson.
Crews, K. D. (2010). Copyright Law and Distance Education: Overview of the TEACH Act, p. 1-7
Dolak, F. (2010). Fair Use Guidelines for Educational Multimedia. Retrieved on June 21, 2013 from http://cms.bsu.edu/Academics/Libraries/CollectionsAndDept/Copyright/FairUseTEACH/ComplyingWithTEACH/CONFUGuidelines.aspx
For More Information
The site below provides distant learning instructors information about integrating copyrighted material in their courses. This site uses multimedia to present the information about copyright laws and distant education.
The site below provides you with an opportunity to determine whether the copyrighted material in question meets Fair Use guidelines.