THE TEACH ACT Oksana Hlodan March 10, 2007

Why consider copyright? The transmitting institution must Institute policies regarding copyright and accurately describe and promote compliance with copyright laws. © The TEACH Act policy (section 110(2) of The Copyright Act)

The transmitting institution must

Institute policies regarding copyright

and accurately describe and promote

compliance with copyright laws.

©

The TEACH Act policy (section 110(2) of The Copyright Act)

How does it apply to education? TEACH pertains to transmissions of copyrighted work.

TEACH pertains to transmissions

of copyrighted work.

What are some examples? distance education courses t raditional courses with an online component cable TV courses

distance education courses

t raditional courses with an online component

cable TV courses

What are the rules? Accredited, nonprofit educational institutions under certain conditions . Otherwise, use of the material will have to qualify as fair use. Or permission must be granted by copyright holder(s).

Accredited, nonprofit educational institutions under certain conditions .

Otherwise, use of the material will have to qualify as fair use.

Or permission must be granted by copyright holder(s).

What is covered? non-dramatic literary works non-dramatic musical works portions of other works any other work in the amount that would normally be used in a formal classroom

non-dramatic literary works

non-dramatic musical works

portions of other works

any other work in the amount that would normally be used in a formal classroom

What is not covered? Digital educational works Unlawful copies

Digital educational works

Unlawful copies

Other considerations Works supervised by teacher. Integral part of a course. Works directly related to course. Transmission only to enrolled students. Copyright holder’s requirements met.

Works supervised by teacher.

Integral part of a course.

Works directly related to course.

Transmission only to enrolled students.

Copyright holder’s requirements met.

Can I create digital versions? Yes. Analog works can be converted. Conversions must be protected. Digital version must not already be available.

Yes. Analog works can be converted.

Conversions must be protected.

Digital version must not already be available.

What is fair use? Use without express permission of the copyright holder(s). For educational or non profit use only. Educational use must not impede the marketability of the work. Section 107 of the American Copyright Law

Use without express permission of the copyright holder(s).

For educational or non profit use only.

Educational use must not impede the marketability of the work.

Section 107 of the American Copyright Law

Are there guidelines? An article/story, less than 2,500 words. 1,000 words or 10% of prose. One graphic element from one source. A poem of less than 250 words; otherwise an excerpt of not more than 250 words.

An article/story, less than 2,500 words.

1,000 words or 10% of prose.

One graphic element from one source.

A poem of less than 250 words; otherwise an excerpt of not more than 250 words.

Can I copy the same author often? There are limitations on copying several works of the same authors.

There are limitations on

copying several works of the

same authors.

What is not fair use? replace an anthology or compilation consumable works, e.g., workbooks substitute for book/reprint purchase re-copying from course to course copying for sale or profit

replace an anthology or compilation

consumable works, e.g., workbooks

substitute for book/reprint purchase

re-copying from course to course

copying for sale or profit

How do I get permission to use? Contact copyright holder(s) re: N ame(s) of the author, editor, and/or translator Title, edition, volume number of the work Copyright date of the work ISBN for books or ISSN for magazines Exact pages, figures, and illustrations

Contact copyright holder(s) re:

N ame(s) of the author, editor, and/or translator

Title, edition, volume number of the work

Copyright date of the work

ISBN for books or ISSN for magazines

Exact pages, figures, and illustrations

What info do I provide? The number of copies to be made. How and when the material will be used in course. Name of the college/university. Teacher’s full name, position, address, email/tel/fax.

The number of copies to be made.

How and when the material will be used in course.

Name of the college/university.

Teacher’s full name, position, address, email/tel/fax.

How do I credit the source? Include the original copyright notice. Ask for guidelines from the source. Know APA formatting.

Include the original copyright notice.

Ask for guidelines

from the source.

Know APA formatting.

When in doubt Contact your university counsel ’ s office or departmental policy person .

Contact your

university counsel ’ s office

or

departmental policy person .

References The TEACH Toolkit (NCSU Libraries): http://www.lib.ncsu.edu/scc/legislative/teachkit/overview.html Distance Education at a Glance - Guide 12: Copyright and Distance Education (University of Idaho): http://www.uidaho.edu/eo/dist12.html This presentation is based on the above sources. Online sources accessed March 10, 2007.

The TEACH Toolkit (NCSU Libraries): http://www.lib.ncsu.edu/scc/legislative/teachkit/overview.html

Distance Education at a Glance - Guide 12: Copyright and Distance Education (University of Idaho): http://www.uidaho.edu/eo/dist12.html

This presentation is based on the above sources.

Online sources accessed March 10, 2007.

Other resources TEACH Act Comparison Chart by Loly Gasaway ALA’s (American Library Association) TEACH Act Analysis by Kenny Crew Copyright and Distance Education: The TEACH Act by Penny Hoon

TEACH Act Comparison Chart by Loly Gasaway

ALA’s (American Library Association) TEACH Act Analysis by Kenny Crew

Copyright and Distance Education: The TEACH Act by Penny Hoon