Cornell Institute for Digital Collections 1 Copyright and Distributed Learning Peter B. Hirtle Director Cornell Institute for Digital Collections [email protected]

Cornell Institute for Digital Collections 1

Copyright and Distributed Learning

Peter B. Hirtle

Director

Cornell Institute for Digital Collections

[email protected]

http://cidc.library.cornell.edu/content.htm


Overview of Presentation

• Scope of issues• In-class vs. distributed teaching• Strategies for using material

DON’T EXPECT DEFINITE ANSWERS

IANAL



Distributed Learning and Copyright

• Three potential areas of concern:– Using material in a DL course– Protecting your own investment in a course– Providing library services to DL

We’ll focus on the first



What are the exclusive rights of the copyright owner?

• Reproduction• Distribution• Derivative works• Public performance and display• Transmission• Moral rights for art • Technological protection systems

Movie example…



Educational Exemptions

• 3 of importance to distributed learning:– Display in face-to-face teaching [110(1)]– Distance learning [110(2)]– Fair Use (107)

Note that the first two are very limited



Face-to-face teaching

• Section 110(1) permits:– Performance of any work, regardless of medium in

face-to-face teaching– Must be part of systematic instructional activities– Directly related to teaching content– Can be broadcast to people with disabilities– Copy must be lawfully made



Distributed Learning

• Section 110(2) permits:– “Performance of a nondramatic literary or

musical work or display of a work”– “Display” of a still image– Must be to a classroom– Part of systematic instruction



“Leave Logic at the Door…”

• Showing the same movie to students here and elsewhere requires different permissions

• Reading from Moby Dick is ok; showing the movie is not

• A dramatic reading of Moby Dick to distant students may not be legal…

• You can play a popular song but not an opera– But what about Pinball Wizard?



Can you ignore the law?

• Potential copyright damages– $150,000 per instance for willful violation

• Criminal liability

• Limited protection from the University– University has protection under DMCA– Violation of acceptable use policy



So how can you use copyrighted materials in modern distance ed

courses?

• First, determine scope of your course– Limited to university or commercial?

• Confirm copyright status of material– Make sure material really is copyrighted!– Many people claim copyright when none

exists– Copyright may have expired



How long do copyrights last?• Works created during or after 1978

– Life of the author plus 70 years– Work for hire: 95 years from publication

• Works published before 1978– Generally 95 years maximum– Shorter if the work was not registered/renewed

• Works created but not published before 1978– Life of the author plus 70 years– Delayed until 1 January 2003

See <http://www.unc.edu/~unclng/public-d.htm>



2nd approach: fair use

• Judicially interpreted doctrine –– Purpose– Nature– Amount– Effect on market



Fair use guidelines

• Little agreement

• Common elements included:– One time exemption– Limited to classrooms– Removed after 15 days

See Cornell’s Guidelines for Web Pages…



3rd approach: seek permission

• Mandatory for commercial use

• Often complicated…

Resources licensed by the library may be an easy solution



Future solutions?

• TEACH Act– Brings current law into 21st century– Uncertain future…



Summary

• Past practices are not a good guide to this new world

• Distributed learning will require new approaches to copyright management



For More Information…

• The Copyright Law– http://www4.law.cornell.edu/uscode/17/

• Cornell web page guidelines <http://www.cit.cornell.edu/computer/www/guidelines/copyright.html>

• The Public Domain : How to Find and Use Copyright-Free Writings, Music, Art & More by Stephen Fishman. Nolo Press, 2001


Documents

Cornell Institute for Digital Collections 1 Copyright and Distributed Learning Peter B. Hirtle Director Cornell Institute for Digital Collections [email protected]