Study Guide 11

Objectives:

By the end of this session you should be able to:

1. State the major issues facing designers and developers in using copyrighted materials in distance education;
2. Locate the legal references that support decisions on the fair use of copyrighted materials;
3. State the issues regarding residual rights of teachers/professors who help develop distance learning materials; and
4. Describe some of the policies currently in effect for the repeat use of materials developed by teachers/professors for distance learning.

Read one or more of the following Chapters:

• Simonson, et. al, Chapter 5
  
• Willis, B. Distance Education: Strategies and Tools. Chapter 10
  On reserve in the CRC

  or http://www.uidaho.edu/evo/distglan.html, Guide #13

Focus Questions:

During the period of copyright protection, copyright owners have exclusive right to:

1. reproduce the copyright work;
2. prepare derivative works based on he copyrighted work;
3. publish the work by distributing copies to the public by sale, rental, lease or lending;
4. publicly perform the copyrighted work; and
5. publicly display the work.

Fair Use Privilege:

Four criteria are used to determine "fair use" by educators:

1. the purpose and character of the use (including whether it is for profit or not);
2. the nature of the copyrighted work;
3. the substantiality of the amount used in comparison to the total work; and
4. the effect of the use on the marketability of the original. What are the implications for distance education?

What are the issues dealing with works created by faculty and staff for use in distance education and repeat use?