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Challenges
of Distance Education
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Copyright (continued)
Below are some common copyright myths outlined by Simonson in chapter 5:
Myth 1:
A work has to be published and registered with the U.S. Copyright Office
to receive copyright protection.
Myth
2: If it does not have a copyright notice, it is public domain.
Myth
3: Anything on the Internet is public domain.
Myth
4: A work copyrighted in another country is public domain in the United
States.
Myth
5: The doctrine of "fair use" means that copyrighted materials
can be used in an educational setting without permission.
Myth
6: A teacher can use videotape in a distance education course under
"fair use."
The U.S. Congress recently addressed copyright issues in distance education with the passage of the TEACH Act. The TEACH Act specifically addresses educators rights to display works for digital distance education. The TEACH Act enacts many of the recommendations from the Report on copy right and digital distance education conducted by the Copyright Office which applied mostly to closed circuit television environments and did not fit the present distance learning technologies.
Janis Bruwelheide shared a few highlights from the TEACH Act in a November 4, 2002 email:
- The new,
improved 110(2) permits performance and display of almost all types
of works. For distance learning situations, think "clips and snips"
which represent "reasonable and limited portions" for audiovisual
works and dramatic, musical works.
- The receiving location language has been expanded and no longer limits transmission of content to classrooms devoted to instruction and similar sites. Distance learners may be reached at any site by accredited nonprofit institutions as stated in the language that the benefits apply only to a "government body or an accredited nonprofit educational institution."
© Copyright 2003 by Kathy Keairns