Online Teaching
& The Teach Act
 Originally, section 110 of the 1976
U.S. copyright law sanctioned use of copyrighted
materials only in face-to-face teaching activities,
including closed circuit television. On November, 2002,
the Teach Act (Technology, Education and Copyright
Harmonization Act) brought copyright law into the
digital age. This doesn't diminish fair use principles.
It is possible to invoke one or the other to use digital
materials in teaching. The benefit of the Teach Act,
however, is that it offers clear operating guidelines
for accredited non-profit educational institutions.
What Institutions Must Do
-
create copyright policies
-
provide copyright information to
faculty, students, and relevant staff
-
provide a notice to students that
materials used in classes may be subject to copyright
protection
-
limit access to copyrighted materials
used in classes to enrolled students
-
retain copyrighted materials for the
period that students are enrolled
-
not engage in
conduct that could reasonably be expected to interfere
with technological measures used by copyright owners
to prevent such retention or unauthorized further
dissemination
-
apply
technological measures to prevent students from
disseminating works further (experts acknowledge that such
technology is not readily available; hence, compliance
may mean finding the best means available)
What
Educators Must Do
-
direct or
supervise the choice of materials to perform or
display
-
ensure materials
are integral to class sessions
-
ensure materials
are related directly to teaching content (teaching,
not entertaining)
-
provide a notice to students that
materials used in classes may be subject to copyright
protection
What
Educators Can Do
Presuming
materials are lawfully made and acquired, were not
developed and sold for distance education courses, and
also meet the conditions above, faculty may
-
transmit
non-dramatic literary and musical works in their entirety
(poetry, readings from a novel, symphonies - YES;) operas, musicals, musical videos,
and plays - NO)
-
transmit reasonable, limited portions
of other performances
-
transmit the display of any work in an
amount comparable to that displayed
in the course of a live
classroom session (in some cases, entire videos when
essential to a course, Example: The Films of John Ford)
-
convert analog
copies to digital if the amount converted is
comparable to what that may be legally performed or
displayed as outlined above and if a digital copy
is either unavailable or available but secured by
technology that prevents uses that copyright law
allows
The Teach Act
specifies works should be accessible only for the
duration of courses, but it does not specifically rule
out their repeated use.
The following Teach Act checklists
were developed at North Carolina State
University:
Basic -
http://www.lib.ncsu.edu/scc/legislative/teachkit/checklist.html
Expanded -
http://www.lib.ncsu.edu/scc/legislative/teachkit/expanded_checklist.html
Information
Resources
E-Reserves
After carefully
evaluating the four
fair use factors, faculty may incorporate materials
into the university's course management system.
Alternatively, the library can provide links to or
actual materials in its password protected e-reserve
system within the
online catalog.
For additional information, contact Mou Chakraborty,
Head of Public Services at Blackwell Library:
mchakraborty@salisbury.edu
ArtStor
Blackwell Library and the Fulton School
of Liberal Arts are partnering to bring the ArtStor
image database to campus. The almost 500,000 images
cover women's history, Native American history, Asian
art, classical studies, medical drawings, Buddhist cave
paintings, architecture, photographs and a wealth of
other images supporting most disciplines within a
restricted usage environment that balances the rights of
content providers with the needs and interests of
content users. ArtStor allows:
-
students and other users to create
their own image folders
-
faculty to create groups of images and
add images of their own and make them accessible to
students
-
scholars to download and use at no
cost high-resolution images for scholarly publications
For more information contact Stephen
Ford, Information Literacy Librarian:
saford@salisbury.edu
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