1	Copyright Issues for Web-based Instruction
2	Disclaimer:
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4	Outline Copyright issues for educators - general Copyrights in the digital age Fair Use Digital Millennium Act TEACH Act Copyright case study Copyright - ownership issues
5	The primary objective of copyright is not to reward the labor of authors, but "to promote the Progress of Science and useful Arts." To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.
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7	"The court can award up..." The court can award up to $100,000 for each separate act of willful infringement. Willful infringement means that you knew you were infringing and you did it anyway. Ignorance of the law is no excuse. If you don't know that you are infringing, you still will be liable for damages - only the amount of the award will be affected. Then there are attorneys' fees.....
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10	The law offers four factors to evaluate and balance in any determination of fair use: The purpose of the use, including a nonprofit educational purpose; The nature of the work; The amount of the work copied; The effect of the copying on the potential market for, or the value of, the original work.
11	Fair Use Checklist Copyright Management Center Indiana University – Purdue University
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13	Fair Use in the Digital Age
14	CONFU
15	CONFU Fair Use guidelines for educational multimedia Proposals for fair use guidelines for digital images and some aspects of distance learning Statement of scenarios dealing with library use of computer software
16	CONFU
17	Digital Millennium Act The DMA of 1998 was the foundation of an effort by Congress to implement US treaty obligations and to move the nations copyright law into the digital age.
18	DMA Highlights New Rules Prohibit Circumvention of Technological Protection Measures Prohibits alteration of information imbedded in digital works by copyright owners Online Service Provider Limitation on Liability Section 108 Update: updating of library and archival preservation rules
19	DMA Highlights (cont.) Distance Education: The Copyright Office is commissioned to study the issues associated with distance education utilizing digital networks and report back to Congress.
20	TEACH Act
21	TEACH Act
22	TEACH Act Objective: strike a balance between protecting copyrighted works, while permitting educators to use those materials in distance education. If educators remain within the boundaries of the law, they may use certain copyrighted works without permission from, or payment of royalties to, the copyright owner - and without copyright infringement.
23	TEACH Act The new law offers many improvements over the previous version of Section 110(2), but in order to enjoy its advantages, colleges, universities, and other qualified educational institutions will need to meet the law’s rigorous requirements.
24	TEACH Act - Duties of Institution Accredited nonprofit institution Institutional copyright policy in place Provide copyright information to “faculty, students, and relevant staff members.” Notice to students re copyright Access by enrolled students only
25	TEACH Act – Benefits to faculty
26	TEACH Act – Benefits to faculty Expanded range of allowed works Permits display of nearly all types of works Expansion of receiving locations Distance education/Web based/asynchronous Storage of content Short term retention (duration of course) Digitalization of analog works Only if digital version is not available
27	TEACH Act - Duties of Faculty Cannot use materials specifically developed (by someone else) for distance education without permission. Statute mandates instructor’s participation in the planning and conduct of the distance instruction Material is an “integral part of class session.” Material “directly related to content of teaching session”
28	TEACH Act
29	TEACH Act
30	Fair Use in the Digital Age
31	Case Study
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35	Favoring Fair Use Teaching (including multiple copies for classroom use) Research Scholarship Nonprofit Educational Institution Criticism Comment Transformative use (changes work for new utility) Restricted access Parody Commercial activity Profiting from the use Entertainment Bad-faith behavior Denying credit to original author
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39	Favoring Fair Use Published work Factual or nonfiction based Scholarship Important to favored educational objectives Unpublished work Highly creative work (art, music, novels, films, plays) Fiction
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42	Favoring Fair Use Small quantity Portion used is not central Amount is appropriate for favored educational purpose Large portion or whole work used Portion used is central to work or significant to entire work or "heart of the work"
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44	Favoring Fair Use User owns lawfully acquired or purchased copy of original work One or few copies made No significant effect on the market or potential market for copyrighted work No similar product marketed by the copyright holder Lack of licensing mechanism Could replace sale of copyrighted work Significantly impairs market or potential market for copyrighted work or derivative Reasonably available licensing mechanism for use of the copyrighted work Affordable permission available for using work Numerous copies made You made it accessible on Web or in other public forum Repeated or long term use
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47	"Purpose" Purpose - OK Nonprofit, teaching, scholarship Nature – OK Published work, factual article Amount – OK One article, germane to class Effect – OK? No impact on sale of magazine Online single article fee?
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54	Intellectual Property Rights Who owns what you create?????
55	Intellectual Property Rights Copyright protection begins the moment an original work is fixed in a tangible medium of expression. The author is the de facto copyright holder unless other issues come into play.
56	Intellectual Property Rights Each University has it’s own guidelines for “ownership”. “Work for hire” The American Association of University Professors also has a policy regarding ownership of academic works. “Academic freedom”
57	Work for hire
58	AAUP Academic freedom
59	AAUP Academic freedom
60	AAUP Academic freedom
61	Intellectual Property Rights The best recommendation is to clarify issues in writing before you create materials that you wish to copyright protect. Many Universities have contract templates that you can fill out prior to starting a project to obtain a ruling on copyright ownership.
62	Conclusions
63	Conclusions New statues provide some benefits but they also have some added restrictions. Fair Use is very ambiguous But ambiguous can be good!!! Common sense and logic will probably hold you in good stead!
64	Resources
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