April 14, 2003

One section of the proposed new Computer and Technology Use policy discusses all District technology users’ responsibility to abide by current copyright laws. This includes how to use copyrighted materials online for teaching purposes.

One recently enacted law, called the TEACH Act (Technology Education and Copyright Harmonization Act), extends the fair use rule to online use of copyrighted work.

The TEACH Act permits professors to use copyrighted “non-dramatic” and “dramatic” works online without seeking the author’s permission and without paying royalties, assuming certain criteria are met. This story’s sidebar provides a checklist developed by the Chronicle of Higher Education, which faculty should review before posting copyrighted materials online.

One TEACH Act criterion is that an institution have a written copyright policy, and educate its faculty and staff about this policy and copyright law, in order to post materials online without permission and royalty-free. The District is nearing approval of its policy, and the education plan has begun with this article.

The TEACH Act also requires that students be made aware that the material posted is protected by copyright, and that only students taking the course can access the material. In addition, instructors are required to make “reasonable efforts” to prevent students from disseminating the materials to others.

The District is working toward these goals. For example, all class-related sites that contain works copyrighted by others should be password protected in an attempt to comply with this aspect of the new law. ETS is also developing boilerplate copy to include on all Web sites where copyrighted materials are used.

However, the new law continues to create some uncertainty. The TEACH Act will have to stand the test of time -- it will take a certain amount of litigation and case law to gain clarity.

We don’t want Foothill-De Anza to be a part of this case law. So while the law is being interpreted, due diligence in seeking approvals may be the District’s best defense. In addition, ETS will continue leading the District charge to educate our community and strengthen our copyright policies and procedures to offer the best protection possible.

A Copyright Checklist for Online Courses

A recent issue of the Chronicle of Higher Education published the following list of tips for faculty to determine whether they can, under the TEACH Act, use copyrighted material online without seeking the author’s permission:

  • The college must be accredited and nonprofit.
     
  • The college must have an internal policy on use of copyrighted material and on copyright law.
     
  • The college must provide printed or online resources for faculty members that describe their rights and responsibilities under copyright law.
     
  • The material must not have been originally intended for educational use.
     
  • The material must have been lawfully acquired.
     
  • The material must be an integral part of the class session.
     
  • Reasonable precautions must be made to restrict access to the copyrighted content to students enrolled in the course.
     
  • Other reasonable controls must be used to prevent students from disseminating the material after viewing it.
     
  • If a digital version of the material is readily available for use at the institution, then the instructor cannot convert an analog version to digital form for use in an online course.
     
  • The college must inform students that the material may be protected by copyright law.
     

Individuals who are interested in exploring this issue further can read the American Library Association paper, which advises about what can be done under the act or a set of guidelines developed about the TEACH Act by North Carolina State University.

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