- What does copyright protect?
- What is eligible for copyright protection?
- What is fair use?
- How is the work used? What is the purpose and character of use? Is it being used for teaching?
- What kind of work is being used? (Nature of the use)
- How much of the work is to be used?
- What affects may occur to the original use? (Economical, Negative)
- What is copyright law?
What is the Teach Act?
Although copyright law generally
treats digital and non-digital copyright-protected works in a similar manner,
special digital uses, such as online distance learning and course management
systems, require special attention. Some of the special copyright requirements
of online distance learning are specifically addressed by the TEACH
Act.
The TEACH Act facilitates and enables the performance
and display of copyrighted materials for distance education by accredited,
non-profit educational institutions (and some government entities) that meet the
TEACH Act’s qualifying requirements. Its primary purpose is to balance the needs
of distance learners and educators with the rights of copyright holders. The
TEACH Act applies to distance education that includes the participation of any
enrolled student, on or off campus.
- What is public domain?
The public
domain is generally defined as consisting of works that are either ineligible
for copyright protection or with expired copyrights. No permission whatsoever is
needed to copy or use public domain works. Public domain works and information
represent some of the most critical information that faculty members and
students rely upon. Public domain works can serve as the foundation for new
creative works and can be quoted extensively. They can also be copied and
distributed to classes or digitized and placed on course Web pages without
permission or paying royalties.
- How long are copyright items protected?
According
to the U.S. Copyright Office, copyright protection lasts for the life of the
author plus 70 years. If the author is unknown or a hired author then the
copyright protections lasts for 95 years from the year of the first publication
or 120 years from the year of its creation. Work published before 1923 is now
in the public domain.
- What are creative commons?
The
Creative Commons were created in 2001 as a way for anyone that put an idea onto
a format to have a say as to what happens to their creation. The creator or
author can license their work under the Creative Commons and can choose how
their work can be reproduced, modified, used, and marketed.
- What are exemptions to copyright?
When
the work that is protected will be used in education, research, critical
analysis, or news reports then the Fair Use Act applies. Section 110 of the
Copyright laws started out with a “face-to-face teaching exemption” where works
could be read aloud to a classroom. With technology advancing rapidly, the Fair
Use Act came into play in 1976 so that the technology of videotapes and
overheads could be included. In 2002, the Technology, Education, and Copyright
Harmonization (TEACH) Act, attempted to include the technology of the day and
also tried to allow for future technologies including online learning.
