TEACHING OLD DOGS NEW CLICKS : TEACHING OLD DOGS NEW CLICKS DR. BOB DIOTALEVI
Legal Studies, FGCU
Oh, what a tangled web we weave, When we first practise to deceive!* : Oh, what a tangled web we weave, When we first practise to deceive!* *Lay of the
Last Minstrel,
Canto i. Stanza 7
by
Sir Walter Scott
1771-1832
How to be happy and safe in Cyberland : How to be happy and safe in Cyberland I can use anything!
America’s First Copyright : America’s First Copyright Signed in script type by George Washington, appearing in The Columbian Centinel, July 17, 1790
http://earlyamerica.com/
BASIC ©OPY RIGHTS : BASIC ©OPY RIGHTS 1. Reproduction of the copyrighted
work,
2. Preparation of derivative works
(adaptations) based upon the
copyrighted material,
3. Distribution of the work,
4. Performance of the work publicly,
5. Displaying of the work publicly
17 U.S.C.A § 106
©OPYRIGHT DE-FENSES : ©OPYRIGHT DE-FENSES + The work is in the public domain.
+ The copyright may be expired, or the holder may have forfeited his or her rights in the work, or
+ The copyright holder may have granted another permission to use the work, or
+ “Fair use”
+ The TEACH Act
IS IT FAIR USE? The 4-Factor Test : IS IT FAIR USE? The 4-Factor Test 1. The purpose and character of the use, including whether use is of a commercial nature or is for nonprofit educational purposes,
2. The nature of the copyrighted work,
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole and
4. The effect of the use upon the potential market for or value
17 U.S.C. § 107
TEACHING OLD DOGS NEW CLICKS : TEACHING OLD DOGS NEW CLICKS THE DMCA
THE T.E.A.C.H. ACT(Technology, Education, & Copyright Harmonization) : THE T.E.A.C.H. ACT(Technology, Education, & Copyright Harmonization) 1. When digitizing analog works, the law mandates that no digital version is available, and they must be free from technological protections that would prevent their uses as authorized,
2. Materials may be uploaded onto a serve to be disseminated only to students enrolled in a secure course in accordance with Section 110,
3. Materials cannot be for the public, especially while the regular course is not in session. They should be made available during “classtime”,
4. Retention of materials by the institution is permitted to the extent it is necessary for asynchronous instruction thereof,
TEACH (cont.) : TEACH (cont.) 5. The Act amends Section 112 regarding ephemeral recordings, i.e., copies can be kept solely for transmission purposes pursuant to Section 110(2),
6. Those involved in the process must be educated about copyright law,
7. Supervision and policing by the school and instructor are deemed crucial so as to protect the rights of the copyright holder regarding performance or display at the institution, and
8. The institution must provide notice that materials are or may be copyrighted as well as informational materials concerning copyright law.
Pub. L. 107-273 (2002)
5 major changes assisting DL : 5 major changes assisting DL Works now include “limited and reasonable portions that used to require permission to use, i.e. , “an amount comparable to that typically displayed in the course of a live classroom setting.” (if can been used in face-to-face now can use in a transmission).
The elimination of face-to-face classroom.
Copyrighted materials can be stored on a server for synchronous and asynchronous performances and displays.
Digitized versions of analog works can be made that are not available in digital format.
Faculty, staff and students are absolved of liability for temporary, cache copies made in the digital process.
The TEACH Act Digitization Do's and Don'ts : The TEACH Act Digitization Do's and Don'ts Do Not digitize an entire literary dramatic work
Do Not digitize an entire dramatic musical work
Do Not retain digital copies past the class session
Do use "reasonable and limited portions" of audiovisual works
Do use "reasonable and limited portions" of dramatic musical works
Do use an entire NON-dramatic literary work
Do use an entire NON-dramatic musical work
Do use performances of any works that would be the same amount you use in your face-to-face classroom
BALL STATE UNIVERSITY COPYRIGHT CENTER
http://www.bsu.edu/library/collections/copyright/complying/
The United States Copyright Office : The United States Copyright Office Contact information
Phone: 202-707-3000 (person)
Phone: 202-707-9100 (publications)
Fax: 202-707-2600
Web:
http://lcweb.loc.gov/copyright
Copyright updates via e-mail : Copyright updates via e-mail Newsnet:
Send an e-mail message to
“LISTSERV@RS8.loc.gov”
2. Put in the body of the message
“Subscribe USCopyright”
THANKS! : THANKS! Dr. Bob Diotalevi
Program Coordinator,
Legal Studies
Florida Gulf Coast University
E-mail: bdiotale@fgcu.edu