TEACH Act vs Fair Use by Jodie Bowie (February 2013)

These are my notes from Jodie Bowie‘s presentation, “TEACH Act vs Fair Use: which of these concern me for online learning?” at the 2013 Heartland eLearning Conference at the University of Central Oklahoma in Edmond. MY THOUGHTS AND IDEAS ARE IN ALL CAPS.

I used to teach physics at Putnam City HS, hence the Twitter ID: @fzzxtchr
website: about.me/jbowie

I am instructional designer at Southern Nazarene University, working with faculty transitioning courses not TO but “in addition to” online platforms

Presentation Slides for today on Google Drive

I am not a lawyer or legal expert, I’m a learner and am sharing what I know about these topics based on what I know today

2013 Faculty Training Schedule at SNU (feel free to join us at 1 pm on Fridays)

Consult your institutional policy on copyright!

We rely on Fair Use a lot in education, perhaps sometimes too much
– purpose?
– nature?
– amount?
– effect?

Discuss with your neighbor: What do we know about fair use?

Section 107 of US Copyright Code: Fair Use

This session may muddy the waters for you when it comes to copyright, but that is ok

Obtaining copyright permission is always the best option
– send something to the author of publishing company

1961 was when the Copyright law was originally written
– examples of appropriate reproduction
— criticism
— clarification
— replacing
— illustrate
— incidental

you can pull ideas, systems, factual information from a presentation
– we still need to cite and give credit even if you are not quoting
– give credit for the ideas

MY THOUGHT: IT’S IMPORTANT TO HIGHLIGHT THAT ACADEMIC ATTRIBUTION IS NOT RELATED DIRECTLY TO COPYRIGHT COMPLIANCE UNLESS IT’S A PROVISION OF THE SHARING AGREEMENT, LIKE CREATIVE COMMONS LICENSES

Fair Use doesn’t explicitly address online materials

TEACH Act: Technology, Education, and Copyright Harmonization Act of 2002
– 110(2) and 112(f) of the US Copyright Act
– applies specifically to distance ed
– this is the 2nd iteration of this law

We used to do telecourses, but now we are talking about digitizing content

Teach Act does NOT apply to printed material

MY THOUGHT: I’M NOT SURE ABOUT THAT….

Criteria:
– only apply to government or accredited non-profit education (doesn’t apply to for-profit universities like the Univ of Pheonix)
– must institute politics regarding copyright
– provide informational materials promoting compliance
– provide a disclaimer for the TEACH act
– transmission must only be for students of the class

institutional policies not specified, however
– we address this in our academic integrity policy as well as computer use and ethics

We have to hold training sessions like this at our institution

Notices must be on course materials
– we put a header on a movie that says ‘this material is…. may not be used beyond the timeframe of this course”
– we are trying to make it as difficult as possible for someone else to download the material and reuse it for another purpose

THIS IS A GOOD POINT AND IDEA

this is all about due-diligence, to try and prevent unauthorized use

GOOD DISCUSSION ABOUT YOUTUBE TAKEDOWNS, THERE IS A PROCESS TO DEFEND FAIR USE ON YOUTUBE, WHETHER A VIDEO IS TAKEN DOWN DEPENDS ON THE PUBLISHER’S POLICIES/DIRECTIVES TO YOUTUBE

TEACH Act
– some types of works are limited to quantity limitations
– expanded range of works
– expansion of receiving locations

materials explicitly created for educational use
– like textbooks which are for sale: if students would buy the textbook in a f2f class, they need to buy them for an online class

Big issue for me: digitizing analog works

Stakeholder duties
– non-profit educational institution
– copyright policy
– copyright information
– notice to students
– limited access

MY QUESTION: WHAT DOES CASE LAW HISTORY LOOK LIKE AROUND THE TEACH ACT? WHEN HAVE EDUCATORS AND/OR EDUCATIONAL INSTITUTIONS BEEN SUED AND CLAIMED THE TEACH ACT AS A DEFENSE, AND WHAT HAS THE RESULT BEEN? I’D LOVE TO SEE A HANDY ONLINE RESOURCE SHARING THAT CASE LAW IN A USER-FRIENDLY / EDUCATIONAL PRACTITIONER FORMAT

You need to have a LMS to limit access to enrolled students

other stakeholder duties
– limited access to enrolled students
– control of storage and dissemination
– interference with tech measures
– limited retention
– limited long-term digital retention
– works explicitly allowed and excluded
– instructor oversight
– ‘mediated instructional activities’

MY THOUGHT: IT’S VERY IMPORTANT TO INCLUDE CREATIVE COMMONS LICENSING IN THIS DISCUSSION!
– ALSO RENEE HOBBS COPYRIGHT RESOURCES IN THE MEDIA EDUCATION LAB ARE GREAT ON COPYRIGHT