Copyright Policy for use of materials

(print and non-print)

The Library Council of TCSG is encouraging the TCSG to create and post something similar to the Board of Regents policy statements.

Fair use for Distance Ed (Angel or your own web site) is slightly different than face to face Fair Use rules for teaching in the classroom.

Regents Guide to Understanding Copyright & Educational Fair Use

Regents Guide to Understanding Copyright & Educational Fair Use

http://www.usg.edu/legal/copyright/index.phtml

Board of Regents Guide to the TEACH Act

http://www.usg.edu/legal/copyright/teach_act.phtml

The Technology, Education and Copyright Harmonization (TEACH) Act was enacted in November 2002 as an amendment to the Copyright Act of 1976. Found in section 110(2) of the Act, it covers distance education as well as face to face teaching which has an online, web enhanced, transmitted or broadcast component. It exempts from liability the transmission, including over a digital network, of a performance or display of a copyrighted work by an accredited non-profit educational institution to students officially enrolled in a course or a government body to officers or employees of government as a part of their official duties or employment. It does not cover making textual materials available to students. The performance or display must be:

• Part of systematic mediated instructional activity.

• At the direction of or under the actual supervision of the instructor.

• An integral part of a class session.

All copies that are transmitted must be lawfully made copies. The performance and display may be received anywhere as long as the following technological conditions are met. The institution:

• Must apply technological measures that reasonably prevent recipients from retaining works beyond the class session and further distributing them, and

• May not interfere with technological protections taken by copyright owners.

The TEACH Act places considerable responsibilities on educational institutions that wish to take advantage of the exemption it offers. The greater freedoms granted to instructors are balanced with increased responsibility for the management of distance education. It does not, however, modify the previous standards for the fair use of copyrighted materials.

Distance Education and the TEACH Act

http://www.ala.org/washoff/teach.html

Comprehensive site from American Library Association (ALA) that examines the TEACH Act signed into law November 22, 2003.

Sep 2008 : kls