I work in a public library dealing with information
access issues via technology.
("ALA" is the American Library Association, a vocal
force of librarians across the US.)
("LITA" is an organization w/listserv focusing on
technology in libraries.)
Libraries and educational institutions have their own
battle concerning copyrights and intellectual
property, but I thought it might interest the rumori
list. (our budget passed the ballot last night!!!)
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> Date: Mon, 04 Nov 2002 11:00:29 -0600
> From: Mary Taylor <mtaylorATala.org>
> Reply-To: lita-lATala1.ala.org
> To: Library and Information Technology Association
> List <lita-lATala1.ala.org>
> Subject: [LITA-L:5545] TEACH is law
>
> Carrie Russell asked that the following be posted to
> you:
>
> November 4th, 2002
>
> Announcement:
> Major Copyright Bill Affecting Distance Education
> Becomes Law
>
>
> On November 2th, 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. 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.
>
> TEACH establishes new opportunities for educators to
> use copyrighted
> works without permission and without payment of
> royalties, but those
> opportunities are subject to new limits and
> conditions. The American
> Library Association joined with numerous other
> associations and groups
> representing educators, librarians, and academic
> administrators to
> negotiate the language of the TEACH Act and to
> vigorously support its
> passage. The process of drafting the TEACH Act
> necessarily reflected
> the views of diverse interests, and some terms we
> would like to have
> seen in the law met with strong opposition from
> copyright owners
> concerned about protecting their creations and
> preventing widespread
> threats to their markets. On the other hand, the
> ALA and many other
> library and education groups were successful in
> adding many provisions
> in the bill that can significantly enhance distance
> education.
>
> To put the complexity of the issue in perspective,
> we need to grasp not
> only the growth of distance education, but also the
> magnitude of the
> copyright concerns at stake. Many materials that
> educators use in the
> classroom and in distance education are protected by
> copyright law.
> Copyright protection applies to most text, videos,
> music, images, motion
> pictures, and computer software; protection usually
> applies even if the
> work lacks a copyright notice and is not registered
> with the U.S.
> Copyright Office. Unless the work is in the public
> domain, or you have
> permission from the copyright owner, or you are
> acting within fair use
> or one of the specific, statutory exceptions, your
> copying, digitizing,
> uploading, transmitting, and many other uses of
> materials for distance
> education may constitute infringement.
>
> Previous law did include such a statutory exception
> for the benefit of
> distance education, but it was enacted in 1976 and
> has failed to meet
> modern needs. That statute (Section 110(2) of the
> Copyright Act)
> generally encompassed closed-circuit television
> transmissions, and it
> could not foster robust and innovative and digital
> educational programs
> that might reach students at home, at work, or at
> any other location.
> The TEACH Act repeals that statute and replaces it
> with a more complex,
> but more beneficial, revision of Section 110(2) and
> related provisions.
>
> Among the benefits of the TEACH Act for distance
> education are an
> expansion of the scope of materials that may be used
> in distance
> education; the ability to deliver content to
> students outside the
> classroom; the opportunity to retain archival copies
> of course materials
> on servers; and the authority to convert some works
> from analog to
> digital formats. On the other hand, the TEACH Act
> conditions those
> benefits on compliance with numerous restrictions
> and limitations.
> Among them are the need to adopt and disseminate
> copyright policies and
> information resources; implementation of
> technological restrictions on
> access and copying; adherence to limits on the
> quantity of certain works
> that may be digitized and included in distance
> education; and use of
> copyrighted materials in the context of "mediated
> instructional
> activities" akin in some respects to the conduct of
> a traditional
> course.
>
> Therefore, to secure full benefits of the law,
> educators and their
> colleges, universities, schools, and other qualified
> institutions will
> need to take deliberate and careful steps. Full
> implementation will
> likely involve participation by policymaking
> authorities, technology
> officials, and instructional faculty. Librarians
> will invariably be
> closely involved as they make their collections and
> other resources
> available to students at remote locations.
> Moreover, you will most
> assuredly need to consult legal counsel at your
> institution to be
> certain you are properly implementing the new law's
> provisions.
>
> To help with this effort throughout the country,
> the American
> Library Association is launching an initiative to
> provide guidance and
> to help interested persons so that they may better
> understand the new
> law and implement its requirements. Please watch
> for developments at
> this dedicated website:
> http://www.ala.org/washoff/teach.html. We have
> posted and will continue to update summaries and
> explanations of the
> law, together with guidance and other information to
> help the community
> enjoy the advantages of the new law and to
> strengthen innovative
> educational programs through the sharing of
> important information
> resources.
>
> Moreover, we will take this opportunity for a fresh
> examination
> of the more general law of "fair use" as applied to
> distance education.
> Fair use was, and remains, a vital alternative
> whenever a more specific
> statute-such as Section 110(2) of the Copyright
> Act-fails to meet your
> needs. However, fair use also has limits. In the
> meantime, you can
> find a great deal of information about fair use on
> numerous websites,
> and in many books, including some copyright
> publications available from
> the ALA at http://alastore.ala.org.
>
> We welcome your comments and observations at any
> time about this
> project. For more information, contact Carrie
> Russell, Copyright
> Specialist at ALA's Office for Information
> Technology Policy,
> crussellATalawash.org or (800) 941-8478.
>
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