EDTC 6340 Assignment on Copyrighting in eLearning

1. Presented by
Candice Markham

2. “Simply put, "copyright is a legal device that
provides the creator of a work of art or
literature, or a work that conveys information
or ideas, the right to control how the work is
used" (Fishman, 2008, p. 6).The intent of
copyright is to advance the progress of
knowledge by giving an author of a work an
economic incentive to create new works (Loren,
2000, para. 12).” ("Copyright and fair," 2011)

3. “Copyright owners should be more realistic about
the debt they owe to others: no author creates
out of thin air.” (Harper, 2007)

4. "Orphan Works" are copyrighted works—books,
music, records, films, etc—whose owner cannot
be located. Works can become "orphaned" for a
number of reasons: the owner did not register
the work, the owner sold rights in the work
and did not register the transfer, or the owner
died and his heirs cannot be found.” ("Orphan
works," 2011)

5. “Once expression is committed to a tangible
medium (and computer media is considered
tangible), copyright protection is automatic. So,
postings of all kinds are protected the same as
published printed works.” (Harper, 2007)

6. “Creative Commons is a nonprofit organization
that enables the sharing and use of creativity
and knowledge through free legal
tools…Creative Commons licenses are not an
alternative to copyright. They work alongside
copyright and enable you to modify your
copyright terms to best suit your needs.”
("What is creative," 2013)

7. http://www.oercommons.
org/
(" welcome to," 2013)

8. “It balances authors' rights to reasonable compensation
with the public's rights to the ideas contained in
copyrighted works. It used to be safe to say that
reasonable analog educational, research and scholarly
uses were fair uses.”
The four fair use factors:
 What is the character of the use?
 What is the nature of the work to be used?
 How much of the work will you use?
 What effect would this use have on the market for the original
or for permissions
if the use were widespread?
(Harper, 2007)

9. “The Best Practices statements follow recent
trends in court decisions in collapsing the Fair
Use Statute's four factors into two questions: Is
the use you want to make of another's work
transformative -- that is, does it add value to
and repurpose the work for a new audience --
and is the amount of material you want to use
appropriate to achieve your transformative
purpose?” (Harper, 2007)

10. “The TEACH Act expands the scope of educators' rights to perform
and display works and to make the copies integral to such
performances and displays for digital distance education, making
the rights closer to those we have in face-to-face teaching. But
there is still a considerable gap between what the statute
authorizes for face-to-face teaching and for distance education. For
example, as indicated above, an educator may show or perform
any work related to the curriculum, regardless of the medium,
face-to-face in the classroom - still images, music of every kind,
even movies. There are no limits and no permission required.
Under 110(2), however, even as revised and expanded, the same
educator would have to pare down some of those materials to
show them to distant students or make them available over the
Internet to face-to-face students. The audiovisual works and
dramatic musical works may only be shown as clips --
"reasonable and limited portions," the Act says.” (Harper, 2007)

11. “Not everyone, nor every work, is covered.
Section 110(2) only applies to accredited
nonprofit educational institutions. The rights
granted do not extend to the use of works
primarily produced or marketed for in-class
use in the digital distance education market;
works the instructor knows or has reason to
believe were not lawfully made or acquired;
or textbooks, course packs and other materials
typically purchased by students individually.”
(Harper, 2007)

12.  My institution is a nonprofit accredited educational institution or a governmental agency
 It has a policy on the use of copyrighted materials
 It provides accurate information to faculty, students and staff about copyright
 Its systems will not interfere with technological controls within the materials I want to use
 The materials I want to use are specifically for students in my class
 Only those students will have access to the materials
 The materials will be provided at my direction during the relevant lesson
 The materials are directly related and of material assistance to my teaching content
 My class is part of the regular offerings of my institution
 I will include a notice that the materials are protected by copyright
 I will use technology that reasonably limits the students' ability to retain or further distribute the materials
 I will make the materials available to the students only for a period of time that is relevant to the context of a class session
 I will store the materials on a secure server and transmit them only as permitted by this law
 I will not make any copies other than the one I need to make the transmission
 The materials are of the proper type and amount the law authorizes:
 Entire performances of no dramatic literary and musical works
 Reasonable and limited parts of a dramatic literary, musical, or audiovisual works
 Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching
 The materials are not among those the law specifically excludes from its coverage:
 Materials specifically marketed for classroom use for digital distance education
 Copies I know or should know are illegal
 Textbooks, course packs, electronic reserves and similar materials typically purchased individually by the
students for independent review outside the classroom or class session
 If I am using an analog original, I checked before digitizing it to be sure:
 I copied only the amount that I am authorized to transmit
 There is no digital copy of the work available except with technological protections that prevent my using it for the
class in the way the statute authorizes
 (Harper, 2007)

13. Copyright and fair use in the umuc online or face-to-face classroom. (2011,
January 28). Retrieved from
http://www.umuc.edu/library/libhow/copyright.cfm
Fishman, S. (2008). The copyright handbook: What every writer needs to
know. Berkeley, CA: Nolo.
Harper, G. (2007). Copyright crash course. Retrieved from
http://copyright.lib.utexas.edu/
Loren, L.P. (2000). The purpose of copyright. Open Spaces
Quarterly, 2(1). Retrieved from http://www.open-
spaces.com/
Orphan works. (2011). Retrieved from
http://www.publicknowledge.org/issues/ow
What is creative commons. (2013). Retrieved from
http://creativecommons.org/
welcome to the commons. (2013). Retrieved from
http://www.oercommons.org/