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19 Jun 14
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16 Jan 14
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02 Jun 13
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Within the framework of the TEACH Act, librarians may find many new opportunities to shape distance-education programs, such as:
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01 Apr 13
Angie SaylorThe Teach Act expands the scope of educator's rights to perfom 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.
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25 Mar 13
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13 Dec 12
Kim CrenshawTechnology, Education and Copyright Harmonization Act
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04 Dec 12
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13 Sep 12
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16 Jun 12
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11 Apr 12
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12 Mar 12
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11 Mar 12
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04 Mar 12
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The new law permits the display and performance of nearly all types of works
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Educational institutions may now reach students through distance education at any location.
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allows retention of the content and student access for a brief period of time,
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law permits digitization of some analog works, but in most cases only if the work is not already available in digital form.
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21 Feb 12
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15 Feb 12
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09 Nov 11
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12 Sep 11
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17 Aug 11
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28 Jul 11
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13 Jun 11
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25 May 11
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The law anticipates that students will access each "session" within a prescribed time period and will not necessarily be able to store the materials or review them later in the academic term; faculty will be able to include copyrighted materials, but usually only in portions or under conditions that are analogous to conventional teaching and lecture formats.
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the institution must impose restrictions on access, develop new policy, and disseminate copyright information
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The law also explicitly allows retention of the content and student access for a brief period of time, and it permits copying and storage that is incidental or necessary to the technical aspects of digital transmission systems.
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In order to facilitate digital transmissions, the law permits digitization of some analog works, but in most cases only if the work is not already available in digital form.
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Duties of Institutional Policymakers
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1. Accredited nonprofit institution.
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2. Copyright policy.
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3. Copyright information.
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4. Notice to students.
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5. Enrolled students.
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an institution deploying "digital transmissions" must apply technical measures to prevent "retention of the work in accessible form by recipients of the transmission . . . for longer than the class session."
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must apply "technological measures" to prevent recipients of the content from engaging in "unauthorized further dissemination of the work in accessible form."
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This language apparently protects the institution, should someone "hack" the controls and circumvent imperfect technology.
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If the content transmitted through "digital transmissions" includes restrictive codes or other embedded "management systems" to regulate storage or dissemination of the works, the institution may not "engage in conduct that could reasonably be expected to interfere with [such] technological measures."
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The statute explicitly exonerates educational institutions from liability that may result from most "transient or temporary storage of material." On the other hand, the statute does not allow anyone to maintain the copyrighted content "on the system or network" for availability to the students "for a longer period than is reasonably necessary to facilitate the transmissions for which it was made."
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Congress seems to have envisioned distance education as a process of installments, each requiring a specified time period, and the content may thereafter be placed in storage and outside the reach of students. The institution may, however, retrieve that content for future uses consistent with the new law
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- Performances of nondramatic literary works;
- Performances of nondramatic musical works;
- Performances of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions"; and
- Displays of any work "in an amount comparable to that which is typically displayed in the course of a live classroom session."
The new law now explicitly permits:
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- Works that are marketed "primarily for performance or display as part of mediated instructional activities transmitted via digital networks"; and
- Performances or displays given by means of copies "not lawfully made and acquired" under the U.S. Copyright Act, if the educational institution "knew or had reason to believe" that they were not lawfully made and acquired.
The following materials may not be used:
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These requirements generally mean that educators must take two steps before digitizing an analog work. First, they need to confirm that the exact material converted to digital format is within the scope of materials and "portion" limitations permitted under the new law. Second, educators need to check for digital versions of the work available from alternative sources and assess the implications of access restrictions, if any.[top]
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12 Apr 11
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04 Mar 11
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11 Feb 11
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04 Nov 10
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21 Oct 10
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20 Sep 10
Gabriella WilliamsThis is a resource for those seeking answers to copyright and fairuse laws regarding use in Distance Education. It specifically gives an outline of the legislative history, the meaning and importance of the TEACH Act (new copyright law for distance education), and related links and files for further research. Since many more students are taking classes via online/distance courses, this information is critical for remaining legal.
fair use copyright education distance teach_act distance_education laws
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19 Aug 10
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20 Apr 10
"On November 2nd, 2002, the "Technology, Education and Copyright Harmonization Act" (the TEACH Act), part of the larger Justice Reauthorization legislation (H.R. 2215), was signed into law by President Bush. Long anticipated by educators and librarians, TEACH redefines the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. may use copyright protected materials in distance education-including on websites and by other digital means--without permission from the copyright owner and without payment of royalties."
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On November 2nd, 2002, the "Technology, Education and
Copyright Harmonization Act" (the TEACH Act), part of the larger Justice Reauthorization legislation (H.R. 2215), was signed into law by President Bush. Long anticipated by educators and librarians, TEACH redefines the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. mayuse copyright protected materials in distance education-including on websites and by other digital means--without permission from thecopyright owner and without payment of royalties.
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12 Jan 10
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08 Dec 09
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01 Apr 09
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23 Mar 09
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25 Nov 08
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30 Oct 08
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09 Oct 08
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10 Mar 08
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08 Nov 07
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- The amount that may be converted is limited to the amount of appropriate works that may be performed or displayed, pursuant to the revised Section 110(2); and
- A digital version of the work is not "available to the institution," or a digital version is available, but it is secured behind technological protection measures that prevent its availability for performing or displaying in the distance-education program consistent with Section 110(2).
5. Converting analog materials to digital formats. Troublesome to many copyright owners was the prospect that their analog materials would be converted to digital formats, and hence made susceptible to easy downloading and dissemination. Some copyright owners have held steadfast against permitting digitization in order to control uses of their copyrighted materials. The TEACH Act includes a prohibition against the conversion of materials from analog into digital formats, except under the following circumstances:
These requirements generally mean that educators must take two steps before digitizing an analog work. First, they need to confirm that the exact material converted to digital format is within the scope of materials and "portion" limitations permitted under the new law. Second, educators need to check for digital versions of the work available from alternative sources and assess the implications of access restrictions, if any.
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20 Feb 07
Rudy GarnsNew Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act
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