Academic Impressions Webcast 4/12/10

Presenters: Kevin Smith, Scholarly Communications, Duke University Library, and Steven ?, General Counsel, RISD

Copyright Essentials for Faculty – 4/12/10

Copyright is the exclusive right to:
 – Copy
 – Modify
 – Distribute
 – Perform Publicly
 – Display Publicly

Emphasis is on perform and display in classroom

As of 1992, copyright is automatic and Internet material is protected

There are limitations
Fair Game

– After the 1st sale
– Public display to viewers present where copy is located
– Can make a copy of something that’s been photograph
– One you have purchased, no one can tell you what you can use the copy for – can’t restrict to one reading, etc.
 – exception, when the item is liscensed not bought

Not infrigement if:
 – you own copy
 – no copyright owner: public domain (published before 1923)
 – if there is an exception
 – if you have permission
 – fair use

Copyright in the Live Classroom (Face-to-Face)

Classroom Use (110(1)) – not an infringement to perform or display a work by instructor or student
 – must be face-to-face teaching activities (includes things outside classroom ex. speaker presentation but not
 – must be non-profit educational institution
 – classroom or place devoted to instruction
 – exception: motion pictures and audiovisual work – you can’t do it if copy was not lawfully made or believe
          that it is not legally made

Can you rent a film from Netflix and show in classroom – as long it does not violate Netflix restrictions

Copyright in the Virtual Classroom:

Distance Education (Old 110(2)):
 – limited – only display performance of nondramatic literary or musical work (can’t show movie or opera)
 – must be a regular part of instructional activities
 – must be non-profit
 – must be have to do with course content
 – Internet doesn’t work!!! for this exception, only satellite transmissions

This old law froze progression, didn’t anticipate new technology
TEACH Act 2002 modified act to make it tech neutral

TEACH Act provisions
– Limited to accredited nonprofit educational institutions
– can still perforn nondramatic and musical work
– Performance of other works permitted BUT only in reasonable and limited portions (still limits showing entire film)
– Permits the display of almost any work comporable in face-to-face classroom
– you cannot use materials specifically created for distance education and use them without paying
– can’t perform or display material not legally acquired including if the institution has reason to believe not legally
– performance or display must be under direction of/supervision of instructor
– must relate to course content
– institution must have copyright policy
– must only be accessible to students enrolled in the class
– can’t be downloaded – must be available only when logged in
– can’t interfere with tech measures used to prevent copyright
Streaming is fine, downloading no
Static images – prevent right click copies (Adobe allows you to place restrictions)
Can convert analog materials into digital format if no digital work available or digital version has tech copyright

TEACH Act is platform neutral – you can use LMS, Facebook, blog – however must restrict to only students

Teach Act Tool Kit – NC State University

Catch-22 – DMCA prevents circumventing to stream – maybe media studies instructors might be okay

Live video conference classroom – which set of restrictions apply?
 – Presenter guesses covered under TEACH

TEACH is for asynchronous and synchronous – anything transmitted

Exception – media and film studies profs can circumvent in order to make compilation of clips – now permitted,
if you must make full copy don’t hold on to full copy

Powerpoint – make sure instructor is okay with sharing

Copies in the Live Classroom

TEACH Act recognizes Fair Use as important in the education landscape

Fair Use may work at edges of some restrictions

Fair Use:
– Purpose and character
– Nature of original work
– Amount used
– Impact on market for original

Guidelines (minimal standards)
– Fair Use is Not the law
– Origins
– Different authority

Classroom Copying – 10% or 1000 words, whichever is less, and only when no time to get permission
Off-air recording
ILL guidelines
Multimedia – specific limitations for fair use, never adopted

1. In face-to-face, you can perform/display any work – it is NOT fair use, it is a statutory right.
2. You can do much of same in virtual classroom but must use tech restrictions.
3. Same rights in CMS as social media but must create restrictions.
4. Stat rights do not extend to copies, assigned readings, or other out of class materials.