©opyright Law & the TEACH ActA primer for distance and online educatorsBarbara Babcock for EDG6931

Authorship & OwnershipThe creator of an original work owns the copyright to that workMaterials created by any US government agency are in the public domain

Ownership RightsWhen multiple authors create a work, copyright is jointly assigned to each contributor for the portion they createdTo © or not to C---doesn’t matter

When multiple authors create a work, copyright is jointly assigned to each contributor for the portion they created

To © or not to C---doesn’t matter

“TEACH is a compromise between the needs of academe to make free use of copyrighted materials as an efficient and effective teaching tool, and the needs of copyright holders to protect the value of their work effort.”--Hoon, Peggy E. (2002). The TEACH Toolkit: An Online Resource for Understanding Copyright and Distance Education (ONLINE) http://www.lib.ncsu.edu/scc/legislative/teachkit/background.html

The Benefits of TEACHAllows transmission to any locationLessons may be available for a period of time

Allows transmission to any location

Lessons may be available for a period of time

Analog and Digital MaterialIn certain cases, instructors may be able to digitize analog sources for transmission

TEACH SourcesInstructors may use nearly all kinds of print, broadcast, film, audio, video, or virtual sourcesSources used must meet the criteria for fair use and are relevant to the classroom experience

Instructors may use nearly all kinds of print, broadcast, film, audio, video, or virtual sources

Sources used must meet the criteria for fair use and are relevant to the classroom experience

Compliance: EducatorsCompliance is required of both the instructor and the institutionInstructors must understand and apply the principles of TEACH when designing course content

Institutional ComplianceEducational institutions must devise copyright policy and devise controls for web-based delivery of programs

Educational institutions must devise copyright policy and devise controls for web-based delivery of programs

Policies for ComplianceCopyright policies must be established and enforcedEducational institutions must employ controls that limit who may access any online classes©

Permission and CompliancePermission is required to display supplemental or non-essential resource materialHyperlinks or references may be provided

Permission is required to display supplemental or non-essential resource material

Hyperlinks or references may be provided

Limits for LearnersStudents should not be able to download online presentations that contain copyrighted materials©

Students should not be able to download online presentations that contain copyrighted materials

TEACH and LearnersLessons may be presented in a variety of media and available to students for a period of timeStudents may not be able to download lessons to their own personal computer

When in Doubt…Don’t break the law—get permissionKnow your institution’s copyright policy, and follow itFor more information, visit sites:www.lib.ncsu.edu.sec/tutorial/index.htmwww.uidaho.edu.eowww.copyright.iupui.edu

For more informationFor more information on TEACH, visit:www.lib.ncsu.edu.sec/tutorial/index.htmwww.uidaho.edu.eowww.copyright.iupui.edu

ReferencesCopyright and Distance Education (ONLINE). http://www.uidaho.edu/eo/dist12.html.Crews, Kenneth D. (2002). “New Copyright Law for Distance Education: The Meaning and Importance of the TEACH ACT”. (ONLINE). http://www.ala.org/ala/washoff/WOissues/copyrightb/distanceed/teachsummary.pdfHoon, Peggy E. (2002). “The TEACH Toolkit: An Online Resource for Understanding Copyright and Distance Education”. (ONLINE). http://www.lib.ncsu.edu/scc/legislative/teachkit/background.htmlHoon, Peggy E. (2002). “Scholarly Communication Center: Tutorial Series”. (ONLINE). http://www.lib.ncsu.edu.scc.tutorial/copyuse/index.html