4.1 Differentiate
between myth and fact related to copyright applications in distance
education.
A work has to be
published and registered with the United States Copyright Office to receive
copyright protection, if it doesn’t have a copyright notice it is a public
domain, anything on the internet is public domain, a work copyrighted in another
country is public domain in the United States, the doctrine of “fair use” means
that copyrighted materials can be used in an educational setting without
permission and lastly any copyrighted materials can be digitized and placed on
a course website without permission, as long as the site is password protected.
4.2
Recognize the exclusive rights granted to copyright holders by U.S. copyright
law.
The exclusive rights are to
reproduce the copyrighted work, prepare derivative works based on the copyrighted
original, distribute copies of the copyrighted work, perform the copyrighted
work, and display the copyrighted work publicly.
4.3
Determine when copyrighted material enters the public domain.
It can enter the public domain most often
simply through expiration of copyright protection and when owners abandon their
copyrights.
4.4
Apply the four essential fair use criteria and published guidelines to
determine whether use of copyrighted materials requires permission from rights
holders.
The purpose and character of the
use, including whether such use is of a commercial nature or is for nonprofit
educational purposes, the nature of the copyrighted work, the amount and
substantiality of the portion used in relation to the copyrighted work as a
whole, and the effect of the use upon the potential market for or value of the
copyrighted work.
4.5
Identify and track the status of current copyright legislation in Congress, and
be aware of the implications of new legislation.
The Digital Millennium Copyright Act
(DMCA) 1998, and the Technology, Education, and Copyright Harmonization (TEACH)
Act 2002
4.6
Determine whether learning
materials may be used in a video-based distance education course without
permission or require authorization from the rights holder.
According to the Technology, Education, and
Copyright Harmonization Act (TEACH) digital materials must only be available to
the students during approximately the same time period in which they would be
available to an face to face class, unless unusual circumstances exist, your
institution holds the copyright to these videos, and you should be able to use
them anytime without restrictions.
4.7
Recognize what materials may be placed on the Internet without permission.
Materials that may be placed without
permission are name, position, institution, mailing address and phone and fax
number. Identification of the item to be used, complete description of the
intended use and date by which permission is requested.
4.8
Recognize the circumstances under which Internet materials copyrighted by
others may be forwarded, downloaded, and printed.
Under the circumstances and broadly
speaking, one can copyright any original work of authorship that can be
"fixed in any tangible medium of expression," such as written on
paper, or encoded on disk or tape, or recorded on film
4.9
Follow appropriate procedures for obtaining permission from rights holders to
use copyrighted materials in a distance education course.
Distance educators must obtain
permission from rights holders before using copyrighted materials in their
courses, they should begin by contacting the publisher or distributor, if no address or phone is provided one must check catalogues or
refer to the librarian and the last resort is a plea for help sent to the
appropriate Internet mailing list.
4.10
Facilitate the development of an effective intellectual property rights policy.
The development is who owns an
online course the school/university, the faculty member providing the content,
should the ownership be shared between the two , and if so under what
conditions or is it even possible to “own” an entire online course.
4.11
Recognize the potential consequences of copyright infringement
If a copyright infringement is found
on a website maintained by a service provider, the rights holder may request
that the service provider “take down” or block access to the infringing
material and escape organizational liability for the infringement.
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