Intellectual Property for Teaching and Learning

Toward an Understanding of Recent Revisions to the Copyright Policy at Rider

Copyright Basics Copyright gives the creator of an original

work exclusive rights, usually for a limited time.

You can’t copyright an invention or an idea.

You can copyright the expression of an idea.

A work is automatically copyrighted as soon as it is fixed in tangible form.

Fixed in tangible form includes being written, drawn, painted, carved, recorded, photographed, filmed, taped, saved as a file, etc.

Sections of Copyright Law Most Important to Educators Section 106. Grants exclusive rights in

copyrighted works. Section 107. Limitations on exclusive rights:

Fair use Section 108. Limitations on exclusive rights:

Reproduction by libraries and archives Section 110. Limitations on exclusive rights:

Exemption of certain performances Section 112. Limitations on exclusive rights:

Ephemeral recordings

Section 110 Exemption“§ 110. Limitations on exclusive rights: Exemption of certain performances and displaysNotwithstanding the provisions of section 106, the following are not infringements of copyright:(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, Unless . . . the performance, or the display of individual images, is given by means of a copy that was not lawfully made . . .and that the person responsible for the performance knew or had reason to believe was not lawfully made;”(http://www.copyright.gov/title17/92chap1.html#110)

Rider’s New Copyright Policy In 2009, the University Academic Policy

Committee updated Rider's Copyright Policy. The full text of that policy can be found on p. 23 of the current Academic Policy Manual. The policy begins with the following statement of general principle:

“Rider University respects and values copyright law and Rider University students, faculty, and staff should understand and fully exercise their fair use right to copyrighted material.”

Prevailing Conditions Many educators are unsure about their

and their students’ rights to intellectual property.

Digital technologies have further complicated an already complex issue.

The doctrine of Fair Use provides educators teaching in a not-for-profit institution considerable freedom to use copyrighted material without permission or payment.

Problem Statement“In K-12, higher education, and after-school programs and workshops, teachers face conflicting information about their rights, and their students’ rights, to quote copyrighted material. They also confront complex, restrictive copyright policies in their own institutions. As a result, teachers use less effective teaching techniques, teach and transmit erroneous copyright information, fail to share innovative instructional approaches, and do not take advantage of new digital platforms.” (1)

Rider’s Explanation of Fair Use

It is not an infringement of copyright if works used fall under the "fair use" exception of copyright law. Fair use extends to the reproduction of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship or research. Factors used in determining if copyrighted material falls under the fair use exception includes, but are not limited to, whether the material is used for educational rather than commercial gain, the nature of the copyrighted work, how much of the entire work is used and the potential value of the copyrighted work.

http://www.rider.edu/2564_3452.htm#What_is_Fair_Use

Parsimonious ExamplesExamples of fair use: Quoting passages from a book in a

report for a class assignment. Linking to someone else’s

webpage in a report for a class assignment.

http://www.rider.edu/2564_3452.htm

Misinformation Is PlentifulFrom a nearby college academic

integrity officer:“Unless you

                get permission,                credit properly, and/or                pay required fees,using Internet material is illegal AND unethical.  It’s also increasingly easy to get caught.”

Rider’s Explanation of Fair Use

It is not an infringement of copyright if works used fall under the "fair use" exception of copyright law. Fair use extends to the reproduction of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship or research. Factors used in determining if copyrighted material falls under the fair use exception includes, but are not limited to, whether the material is used for educational rather than commercial gain, the nature of the copyrighted work, how much of the entire work is used and the potential value of the copyrighted work.

http://www.rider.edu/2564_3452.htm#What_is_Fair_Use

The Four Factors of Fair Use

The four factors judges consider are: the purpose and character of your

use the nature of the copyrighted work the amount and substantiality of the

portion taken, and the effect of the use upon the

potential market. http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/

chapter9/9-b.html

Intellectual Property Quiz

Which of the following best describes the effect of the TEACH Act?

a) It extends to online instruction the generous exceptions to copyright long enjoyed by face-to-face instructors.

b) It imposes unreasonable burdens upon educators, further tipping the balance in favor of media ownership over the needs of students and teachers.

The TEACH Act

“The Technology, Education and Copyright Harmonization Act of 2002, known as the TEACH Act, is an Act of the United States Congress. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education that does not contain a face-to-face classroom setting, revisions to these laws, particularly sections 110(2) and 112(f) of the U.S. Copyright Act, needed to be made.” (http://en.wikipedia.org/wiki/TEACH_Act)

The TEACH Act

“The Technology, Education and Copyright Harmonization Act of 2002, known as the TEACH Act, is an Act of the United States Congress. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education that does not contain a face-to-face classroom setting, revisions to these laws, particularly sections 110(2) and 112(f) of the U.S. Copyright Act, needed to be made.” (http://en.wikipedia.org/wiki/TEACH_Act)

The TEACH Act

“The Technology, Education and Copyright Harmonization Act of 2002, known as the TEACH Act, is an Act of the United States Congress. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education that does not contain a face-to-face classroom setting, revisions to these laws, particularly sections 110(2) and 112(f) of the U.S. Copyright Act, needed to be made.” (http://en.wikipedia.org/wiki/TEACH_Act)

TEACH Applies to Bb Component of F2F Courses

“TEACH applies to those activities that fall under the category of ‘distance education,’ which, in this case, includes those activities that rely on the use of digital technology to present students with course materials, both for courses conducted entirely online and for those courses that involve only a digital component” (Reyman 31).

TEACH Aims to Balance Users’ Rights and Owners’ Rights

“The Act allows students and teachers to benefit from deployment in education of advanced digital transmission technologies like the Internet, while introducing safeguards to limit the additional risks to copyright owners that are inherent in exploiting works in a digital format” (United States).

“While the goal asserted is balance, the scales appear to weigh in favor of copyright owners’ interests” (Reyman 32).

“The Act allows students and teachers to benefit from deployment in education of advanced digital transmission technologies like the Internet, while introducing safeguards to limit the additional risks to copyright owners that are inherent in exploiting works in a digital format” (United States).

The TEACH Act http://www.utsystem.edu/OGC/intellectua

lProperty/teachact.htm#checklist

" 'Ready to use the TEACH Act,' [linked], summarizes the 22 (!) prerequisites. Nevertheless, we may be optimistic that, together with fair use, this new statute will achieve Congress' goal of facilitating the use of digital technologies in distance education. " (utsystem.edu, 2002)

Requirement of the TEACH ActInstitutional Policymakers

Information Technology Officials

Instructors

Accredited nonprofit institution

Limited access to enrolled students

Works explicitly allowed

Copyright policy Technological controls on storage and dissemination

Works explicitly excluded

Copyright information

Interference with technological measures

Instructor oversight

Notice to students Limited temporary retention of copies

Mediated instructional activities

Enrolled students Limited long-term retention of copies

Converting analog to digital

“The TEACH Act . . . is a benefit, but also a burden” (Crews 12).

“One objective of the TEACH Act is to offer a right of use with relative clarity and certainty. Like many other such specific provisions in the Copyright Act, the new statutory language is tightly limited. An ironic result is that fair use— with all of its uncertainty and flexibility— becomes of growing importance. Indeed, reports and studies leading to the drafting and passage of the new law have made clear that fair use continues to apply to the scanning, uploading, and transmission of copyrighted materials for distance education, even after enactment of the TEACH Act” (Crews 12).

Conclusion Various sections of U.S. Copyright Law

can appear contradictory. Section 110 (1) grants broad rights of

display and performance to face-to-face instructors at nonprofit institutions.

The TEACH Act limits those educators’ rights when instruction goes online.

What TEACH restricts, Fair Use often still allows.