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FLVC - Copyright and Distance Education

University of Florida Institutional Repository
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Title:
FLVC - Copyright and Distance Education
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Presentation Slides
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Fruin, Christine
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Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Christine Fruin.
General Note:
Slides prepared for FLVC webinar on copyright and distance education

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Source Institution:
University of Florida Institutional Repository
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University of Florida
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This item is licensed with the Creative Commons Attribution Non-Commerical License. This license lets others remix, tweak, and build upon this work non-commercially, and although their new works must also acknowledge the author and be non-commercial, they don’t have to license their derivative works on the same terms.
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MISSING IMAGE

Material Information

Title:
FLVC - Copyright and Distance Education
Physical Description:
Presentation Slides
Creator:
Fruin, Christine
Publication Date:

Notes

Acquisition:
Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Christine Fruin.
General Note:
Slides prepared for FLVC webinar on copyright and distance education

Record Information

Source Institution:
University of Florida Institutional Repository
Holding Location:
University of Florida
Rights Management:

This item is licensed with the Creative Commons Attribution Non-Commerical License. This license lets others remix, tweak, and build upon this work non-commercially, and although their new works must also acknowledge the author and be non-commercial, they don’t have to license their derivative works on the same terms.
System ID:
IR00003543:00001


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Copyright and Distance Education:Strategies for Supporting Educators and Students Presented for Florida Virtual CampusChristine FruinUniversity of Florida

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Copyright Law in a NutshellCopyright Act of 1976,17 U.S.C. §101 et seq.•Protects original works that are fixed in any tangible medium of expression (e.g. books, articles, music, movies, software). •Author/Creator holds several exclusive rights, including the right to copy and disseminate, to create derivative works, and to publicly display. •Since 1989 -no requirement of publication, registration or inclusion of the symbol. •Copyright Duration –see Cornell Public Domain Chart (http://copyright.cornell.edu/resources/publicdomain.cfm) America in a Nutshell by Vermario (Flickr.com CC-BY-NC-SA)

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Copyright: Exceptions for Teaching Face to Face Teaching (§110(1))–Allows performance or display, without permission, of copyrighted works during face-to-face instruction. –This exception does not provide for copying or distribution of copyrighted works. TEACH Act (§110(2))–Allows digital display and performance of copyrighted works without permission under very limited circumstances. –TEACH Act does not apply to MOOCs Fair Use (§107)–Permits use and reproduction of copyrighted works where purpose of such use is criticism, comment, news reporting, scholarship, research, or education and where the balance of four separate factors weighs in favor of such use –Fair Use applies to distance learning –but much more limited application to MOOCs

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TEACH Act: What it Allows Applies to performances and displays ( not digital delivery of reading materials) Transmit performances of nondramatic literary or musical works Transmit reasonable and limited portions of any other performance Display works (comparable to face-to-face displays)

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TEACH Act: RequirementsInstitution MUST : Be an accredited nonprofit educational institution Have copyright policies and provide copyright information and notices to staff/faculty/students Reasonably prevent unauthorized access, retention and dissemination of work Not interfere with technological measures to protect workInstructor MUST : Include works as part of systematic mediated instructional activity and as integral part of class session Select works without outside direction Only transmit works to students enrolled in course Only use legally acquired works Not select works made/marketed primarily for use in digital classroom

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Four Factors of Fair Use Amount and Substantiality of the Portion Useda)Larger quantity than needed to meet pedagogical objective? b)Selection is not “heart of the matter”Effect of the Use on the Marketa)Ready market or license for the original? b)Avoiding payment of royalties? **MOOCs openness viewed as negative effect upon market for assigned materialPurpose and Character of the Usea)Educational vs. Commercial b)Transformative vs. Reproduction **MOOCs –educational or commercial?Nature of the Copyrighted Worka)Technical vs. Artistic b)Factual vs. Imaginative c)Published vs. Unpublished

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Copyright and Contracts Digital or Electronic Resources (databases, ejournals, MP3s) –License Agreement or Terms of Use controls how content may be used, even if proposed use is fair use.

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Before Using Materials Online Questions? by Marcus Ramberg (Flickr.com CC-BY-NC) Is the material copyrighted? Does your proposed use of a copyrighted work fall within the TEACH Act or fair use? Is use of the material subject to a license agreement that may alter rights under the Copyright Act?

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Text Materials -Can I Use That?Textual materials (book chapters, journal articles, poems, web site content)Post-It by bookgrl (Flickr.com CC BY-NC-ND) Distribution of materials to students = reproduction, not display or performance. Hence, not addressed by TEACH Act. 1.Link to existing digital copy (e.g. content in licensed database) 2.Digitize and post electronic copy within bounds of fair use 3.Seek permission from copyright holder

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Issues and Considerations Linking to electronic materials–Is it licensed? –Is there a persistent or stable link? –MOOC participants usually will not be able to access licensed resources Fair Use or Permission–Fair Use Analysis –Seeking Permission Locating and Using Open Access Materials–Open Access –free, unrestricted, online –Directory of Open Access Journals ( http://www.doaj.org ) –Search for pre-print version in the authors’ own institutional repository

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Video: Can I Use That?Video materials –VHS, DVD, streaming videoShowing of a film or video is a “performance” under the Copyright Act; TEACH Act may be invoked if all the requirements of the Act are present. Fair use also available as exception permitting the streaming of video to online classes. Permitted to circumvent protection measures on DVDs to create digital clips of films. Now faculty from all disciplines may do so. Permission from copyright holder – variety of business models for licensing.

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Issues and Considerations Digitization and streaming of DVDs–DMCA restrictions –2010 rulemaking (exemption expanded) –License accompanying DVD may restrict streaming without permission –MOOCs –shorter excerpts may be fair use Digitization of VHS (analog) when no DVD (digital) equivalent available Use of subscription or pay-per-view streaming services (e.g. Netflix, Amazon, iTunes) Freely available streaming content–Beware of You Tube –may not be “legal” content –Examples of free streaming content for linking: PBS; Folkstreams.net; SnagFilms.com; TopDocumentaryFilms.com

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Audio: Can I Use That?Sound Recordings –audio cassettes, audio CDs, MP3sPlaying of an audio clip is a “performance” under the Copyright Act; hence, the TEACH Act may be invoked if all the requirements of the Act are present. Fair use may also be available as exception permitting the streaming of audio to online classes. Permission from copyright holder

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Issues and Considerations Pre-1972 Sound Recordings –not protected by federal law; look at Fla. Stat. §540.11, which permits streaming by non-profit, educational institutions (but this does not include MOOCs) Conversion of analog works License restrictions on digital recordings Locating copyright free audio works–Creative Commons licensed audio works http://ccmixter.org http://jamendo.com –Public Domain audio works Library of Congress National Jukebox ( http://www.loc.gov/jukebox/) ; Musopen( http://www.musopen.com/ )

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Images: Can I Use That?Images –photographs, movie stills, posters, art printsShowing of an image to an online class is a “display” under the TEACH Act. Fair use may also be available as exception permitting the display of images Permission from copyright holder Collage Sheet by Becky F. (Flickr.com CC-BY)

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Issues and Considerations Image source –legal copy? Fair Use Issues –Quantity of Images –“Transformativeness” Royalty free image sources –Creative Commons search http://search.creativecommons.org –Public Domain Images Library of Congress American Memory Collection ( http://memory.loc.gov/ammem/browse/ListSome.php?format =Photograph ) Public Domain Sherpa ( http://www.publicdomainsherpa.com/public-domainphotographs.html )

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Questions?Please complete brief survey at http://bit.ly/FLVCSurvey