1. Copyright And Distance Education A Synopsis Presented by: Medaline Philbert, Jack McNeill, and Jackie Womack

2. Copyright and Distance Education The focus of this presentation covers: Distance Education – Overview of copyright law – New Legislation, TEACH (Technology, Education, and Copyright Harmonization ) Act Online Reserves Multimedia

3. Distance Education Overview of Copyright Law Copyright protection is automatically assumed for almost all works that are “original works of authorship” and “fixed in any tangible medium of expression” (Section 102(a)) (http://www.ala.org/washoff/teach.html pg 2)http://www.ala.org/washoff/teach.html

4. Distance Education Overview of Copyright continued… Duration of copyrights is usually the life of the author plus 70 years Rights of copyright owners: – Makes copies – Make public performances – Displays of the works

5. Distance Education Overview of Copyright continued… Fair Use – Copyright Act since 1976 has made a simple and broad provision to allow “performances” and “displays” in the face-to-face classroom environment (Section 102(a)) (http://www.ala.org/washoff/teach.html pg 2)http://www.ala.org/washoff/teach.html

6. Distance Education TEACH Act demonstrates that Congress acknowledges the importance of distance education, significance of digital media, and resolution of copyright conflicts.

7. Distance Education Congressional version of distance education: “…occur in discrete installments…” Influenced by traditional classroom setting Focus is on educational institutions’ behavior than on the actions of instructors Institutions are permitted “to retain limited copies for limited purposes”

8. Distance Education Benefits of the TEACH Act: “Primarily its repeal of earlier version of Section 110(2), drafted mainly in the context of closed circuit television, allowed transmission to be received only in classrooms or similar locations. Therefore, modern, digital transmissions that provide distributive reach could seldom be applied.”

9. Distance Education Benefits of the TEACH Act: 1. Expanded range of allowed works 2. Expansion of receiving locations 3. Storage of transmitted content 4. Digitizing of analog works (http://www.ala.org/washoff/teach.html pg 4)http://www.ala.org/washoff/teach.html

10. Distance Education TEACH Act requirements before educator can enjoy the benefits: Duties of Institutional Policymakers 1. Accredited nonprofit institution 2. Copyright policy 3. Copyright information 4. Notice to students 5. Enrolled students

11. Distance Education TEACH Act requirements before educators can enjoy the benefits: Duties of Information Technology Officials 1. Limited access to enrolled students 2. Technological controls on storage and dissemination 3. Interference with technological measures 4. Limited temporary retention of copies 5. Limited long-term retention of copies

12. Distance Education TEACH Act requirements before educator can enjoy the benefits: Duties of Instructors – works requiring no permission 1. Works explicitly allowed Performances of nondramatic literary works Performances of nondramatic musical works Performances of any other work, including dramatic and audiovisual works, but in “reasonable and limited portions” Displays of any work comparable to that displayed in a face-to- face classroom

13. Distance Education Requirements of the TEACH Act before educators can enjoy the benefits: Duties of Instructors – works requiring no permission 2. Works explicitly excluded Available in the market Illegal copies 3. Instructor oversight Directly class related 4. Mediated instructional activities 5. Converting analog materials to digital formats

14. Online Reserves Copyright Act Fair Use Guidelines

15. Online Reserves Continued The Copyright Act of 1976 sets forth: Ownership Rights in Copyrighted Works Infringement Fair Use

16. Online Reserves Continued Ownership rights include: Making Copies Modifying Distribution

17. Online Reserves Continued Copyright covers Original work For a term of years

18. Online Reserves Continued Copyright does not protect Lists of facts (like the telephone book) U.S. Government publications Public Domain (works prior to 1922) Shareware Facts Ideas

19. Online Reserves Continued Term of years Has varied over time 95 years from publication for “Corporate Authors” For individuals “life of the author” plus 70 years

20. Online Reserves Continued Infringement Violates rights of the copyright holder Person infringing liable for substantial penalties

21. Online Reserves Continued Fair Use Purpose of use (educational) Nature of the work (work books) Proportion used Effect on market for work

22. Online Reserves Continued Proportion Maximum of 25% of a book Short excerpts Maximum of two articles from one periodical issue Charts, graphs, cartoons

23. Online Reserves Continued Market for work Institution (or instructor) must already legally possess the work Limited duration Limited access

24. Online Reserves Continued Guidelines Single articles or chapters, or small parts of works Small part of the materials required for course Already possessed by institution Include copyright notice One course, one semester

25. Multimedia Copyright Law Patent Law Trademark Law Trade Secret Law

26. Multimedia continued Two reasons why it is important for a multimedia developer or publisher to be familiar with basic principles of copyright law: – To avoid infringing on copyrights owned by others – To control unauthorized exploitation of their works

27. Multimedia continued SCOPE OF PROTECTION Copyright protects against copying the “expression” in a work, not against copying the work’s ideas. This difference is difficult to discern.

28. Multimedia continued 5 exclusive rights in the copyrighted work: – Reproduction Right – Modification Right – Distribution Right – Public Performance Right – Public Display Right

29. Multimedia continued Patent Law Patent Protection

30. Multimedia continued Trademarks Trademark Law Trade Secret Law

31. Multimedia continued Six factors in determining a trade secret – The extent to which the information is known outside the claimant’s business – The extent to which the information is known by the claimant’s employees – The extent of measures taken by the claimant to guard the secrecy of the information

32. Multimedia continued Six factors in determining a trade secret – The value of the information to the claimant and the claimant’s competitors – The amount of effort or money expended by the claimant in developing the information – The ease with which the information could be acquired by others

33. Multimedia continued Website Issues Worldwide licenses Public display rights Legal and technical aspects

34. Multimedia continued Multimedia Copyright Clearinghouse – Participation on a voluntary basis – Could cover a subset of copyright interests at the outset – Initial phase would be to establish a database of information without royalty payment administration – The information database for different types of works could be on different servers.

35. Multimedia continued Multimedia Copyright Clearinghouse – Nonexclusive licenses – “Routine” or standard license rights – Royalties would be set by the owner – Grant licenses in order to protect licensees – Affirmative standard license rights

36. CONCLUSION

37. Resources Copyright Management Center – Law Resources. http://www.copyright.iupui.edu/law_resources.htm. 11/8/2002 http://www.copyright.iupui.edu/law_resources.htm Fenwick & West LLP, Multimedia & Software Law Publications. http://www.batnet.com/oikoumene/FWArts.html. 11/7/2002 http://www.batnet.com/oikoumene/FWArts.html WWW Multimedia Law – Internet contracts, licenses. http://www.batnet.com/oikoumene/. 11/7/2002 http://www.batnet.com/oikoumene/

38. Works Cited Crews, Kenneth D. “New Copyright Law for distance Education: The Meaning and Importance of the TEACH Act” http://www.ala.org/washoff/teach.html http://www.ala.org/washoff/teach.html Brinson, J.D and Radcliffe, M.F. “An Intellectual Property Law Primer For Multimedia and Web Developers.” http://www.eff.org//CAF/law/ip-primer, 11/7/2002 http://www.eff.org//CAF/law/ip-primer Greguras, Fred. “Copyright Clearances and Moral Rights.” http://www.batnet.com/oikoumene/mmcpyrt_doubts.html, 11/7/2002 http://www.batnet.com/oikoumene/mmcpyrt_doubts.html