1. The T.E.A.C.H. Act New standards and requirements for the use of copyrighted materials in distance education

2. The Mystery of c Copyright

3. c What is Copyright?

4. Background of Copyright Law Copyright applies automatically to all works that are: Copyright applies automatically to all works that are: original works of authorship original works of authorship fixed in any tangible medium of expression fixed in any tangible medium of expression Copyright notices are NOT required Copyright notices are NOT required Registration with the U.S. Copyright Office is NOT required Registration with the U.S. Copyright Office is NOT required

5. The copyright owner has five “exclusive” rights to their work.

6. 1. The right to reproduce the work in copies (make copies)

7. 2. The right to prepare derivative works (transform the work)!

8. 3. The right to distribute copies of the work to the public (market copies)

9. 4. Perform the work publicly

10. 5. The right to display the work publicly

11. Do copyright laws apply to cyberspace?

12. Copyright laws are in effect in today’s cyberspace

13. On the Internet, if there is no copyright notice, can we use any work?

14. No!

15. Everything from April 1, 1989 is copyrighted whether it has a notice or not!

16. All Internet users must assume that the work is copyrighted.

17. Many Internet works are available for public use

18. “I grant this to the public domain.”

19. Public domain works can be used without credit to the owner

20. Many copyright owners will grant permission to use their work

21. To be safe, Internet users should ask permission from the owner

22. Copyright law on the Internet is new territory for the court system

23. c Copyright and Fair Use in Distance Learning The T.E.A.C.H. Act

24. Fair Use - based on an equitable rule of reason c

25. c Four criteria have been adopted -

26. 1. The purpose and character of the use (commercial or non-profit educational)

27. 2. The nature of the copyrighted work

28. 3. The amount of the portion used in relation to the work as a whole

29. 4. The effect of the use upon the potential market for the work

30. Internet Use Guidelines under the T.E.A.C.H. Act

31. Duties of Instructors Works allowed Works allowed performance of non-dramatic literary works performance of non-dramatic literary works performance of non-dramatic musical works performance of non-dramatic musical works performances of other work but only in “reasonable and limited portions” performances of other work but only in “reasonable and limited portions” displays of any works “in an amount comparable to that which is typically displayed in the course of a live classroom session” displays of any works “in an amount comparable to that which is typically displayed in the course of a live classroom session”

32. Duties of Instructors Works NOT allowed Works NOT allowed works that are marketed “primarily for performance or display as part of mediated instructional transmitted via digital networks” works that are marketed “primarily for performance or display as part of mediated instructional transmitted via digital networks” performances or displays given by means of copies “not lawfully made or acquired” performances or displays given by means of copies “not lawfully made or acquired”

33. Duties of Instructors Instructor Oversight Instructor Oversight works are performed under the direction or supervision of the actual instructor works are performed under the direction or supervision of the actual instructor materials are transmitted “as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities” materials are transmitted “as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities” the copyrighted materials are “directly related and of material assistance to the teaching content of the transmission” the copyrighted materials are “directly related and of material assistance to the teaching content of the transmission”

34. Duties of Instructors Converting analog materials to digital formats Converting analog materials to digital formats the amount that may be converted is limited to the amount of appropriate works that may be performed or displayed the amount that may be converted is limited to the amount of appropriate works that may be performed or displayed a digital version is not available to the institution a digital version is not available to the institution

35. The Golden Rule: If you did not create it or do not have permission from the owner, don’t use it. c