Event Name - 024--The TEACH Act--Copyright Law in the Age of Online... (PMD335820) Carol DeArment: Hello. Rosemary Plank: hello Carol DeArment: Hi, Rosemary. Where are you from? Rosemary Plank: UCSF (San Francisco) school of nursing Carol DeArment: We have about 5 minutes before the session is to begin, but we might as well talk. What is your interest in copyright law? Rosemary Plank: electronic issues such as E-reserves, linking to pdf article files, obtaining long term copyright permissions, cost Rosemary Plank: and i might add interpretations of the law (or lack), media files, etc. Carol DeArment: I assume you are a faculty member? Do you use an online course management system? Rosemary Plank: we do, webct Carol DeArment: O.k. That is comparable to BlackBoard, which we use here. Might you share a specific question that has come up? Laurie DeHerrera: Hi - I teach computer science and math at Pikes Peak Community College and we use Blackboard Rosemary Plank: We understand that pdf files such as those through pubmed may be used once per quarter(we are quarter based) and after that... Rosemary Plank: we must obtain permission. Carol DeArment: Hi, Laurie. Rosemary Plank: If we link to the url not the pdf, is this an infringement of copyright? Carol DeArment: First of all, is pubmed an journal? Rosemary Plank: PubMed is a data base of files for health care. Rosemary Plank: it is a journal search tool. Iskandar Hack: Hello Everyone Rosemary Plank: thanks for your help Iskandar Carol DeArment: Linking to another URL is usually o.k. Would that work for your students? Iskandar Hack: No problem - may want to wait a couple minutes to start - the last session ran to the end. Jan Stenftenagel: could someone tell me if there is audio with this presentation? Iskandar Hack: No audio in any of the sessions this year, we're considering it for next year. Jan Stenftenagel: thanks Restiani Andriati: Hello Everyone! gregg elkins: hello Clem Barnett: Good morning Jan Stenftenagel: hi Laurie DeHerrera: hi Carol DeArment: Hi. Shall we begin by going through the PP slides? Iskandar Hack: Hello everyone - go ahead Carol DeArment: O.k., Let us introduce ourselves first. I am an instructional designer at the University of Pittsburgh. Restiani Andriati: I am an Instructional Technologist, managing a Faculty Instructional Development Lab at the Univ. of Pittsburgh. gregg elkins: I am an Assistant Professor at Southern Illinois University, Carbondale and teach both online and f2f. Carol DeArment: I have used these slides at a face-to-face presentation. As we go through them please make comments. We're uncertain how this will work. Chris Huang: I am an Instructional Technology student at Kent State U. Clem Barnett: I lecture in Education at an Australian university Jan Stenftenagel: I am Assoc. Prof at Vincennes University Rosemary Plank: please define fixation Laurie DeHerrera: I teach computer science and math at Pikes Peak Comm. Coll. Carol DeArment: That means a work is fixed in some kind of a relatively permanent format. Rosemary Plank: i.e. journal articles Carol DeArment: Yes--or even an email. Carol DeArment: Any other questions before we go on to the next slide? Laurie DeHerrera: how much more that the origninal is considered creative? Laurie DeHerrera: refering to your paper, "above and beyond" Carol DeArment: If you "transform" the original in some way .... Carol DeArment: As you can see, copyright law goes way back. Rosemary Plank: how encompassing is the f2f classroom? Carol DeArment: What do you mean by all encompassing? Chris Huang: In multimedia class we constantly facing copyright issues. Rosemary Plank: how broadly can the f2f be defined in fair use? Carol DeArment: Rosemary--If I understand your question, Materials that can be used are similar to those allowed in face-to-face classrooms. Rosemary Plank: can they be used continuously without seeking copyright permission even if it is a virtual classroom? Carol DeArment: I meant to say that guidelines for materials used online are similar to those for materials used f2f. Rosemary Plank: ok Carol DeArment: No. Even in a f2f clasrroom materials are not supposed to be used semester after semester. Carol DeArment: That is, without obtaining permission Restiani Andriati: Rosemary, the fair use guidelines will be discussed in the slides coming up. Carol DeArment: Let's go to Fair Use...... Carol DeArment: These 4 factors get weighed together in a sort of balancing act. Rosemary Plank: does time enter into the equation? Chris Huang: I wonder does Andy Warhol ever ask for permission to use original photographer to produce Chris Huang: This (http://www.warhol.dk/gallery/art/2.html) or (http://www.warhol.dk/gallery/art/12.html) picture. Carol DeArment: If you can answer yes to most of these questions,use would probably be fair depending on answers to the next 3 guidelines. Rosemary Plank: My concern is with spontaneous... Rosemary Plank: with the Clearing house providing permission after payment in 10 minutes... Carol DeArment: I'm not sure about Andy Warhol, but the product may be considered transformative. Carol DeArment: A lot of these questions have to be answered by the courts. Chris Huang: Let's say our students use video clips download from Apple's QuickTime website and re-edit them for video presentation, is that a violation even though it is only for demostration purposes in the classroom? gregg elkins: I'm thinking parody would fall under transformative and there would be Warhol. Carol DeArment: Spontaneous means you don't have time to obtain permission before using the materials. Carol DeArment: Gregg--you're right--parody is considered transformative Rosemary Plank: with online permissions, spontaneous is nonexistant Restiani Andriati: Chris, as long as it's only for a classroom demo, I think it's okay. Chris Huang: I got it. Carol DeArment: Spoontaneous refers to your intention. If you haven't had an oprro opportunity to ask permission....that is different from using something over and over again. Rosemary Plank: thanks Carol DeArment: Note that factual works are more likely to be exempt from needing permission. Chris Huang: I thought is that 1/10 of the original, right? for fair use. Carol DeArment: There are a lot of specific guidelines for quantities in the Safe HArbor Guidelines. Carol DeArment: Yes--10% or 1,000 words, whicever is less. Carol DeArment: The most important question is whether anyone is likely to lose money if you use material without getting permission. Rosemary Plank: is "Safe Harbor" online Carol DeArment: "Safe Harbor" guidelines are included with the paper that goes with this presentation. Naj Shaik: Hi :) Carol DeArment: The 3 general safe harbor guidelines have to do this these areas. AGain, they are considered as a whole. Carol DeArment: As we said, the f2f guidelines still basically apply. Laurie DeHerrera: define instructor - is it only one who is employed at a school? Could it be, say a golf instructor with a home business? Restiani Andriati: We are referring to non-profit educational institutions. Laurie DeHerrera: thanks! Carol DeArment: We are curious if you have noticed changes at your institutions since the TEACH Act was enacted. Carol DeArment: Institutions are supposed to disseminate information, and I wonder if and how they are doing so. Chris Huang: Our CIO just send us a notice a while back says KSU has been suit. http://www.kent.edu/Administration/is/upload/Illegal_Dowloads.pdf Rosemary Plank: Tthe teach act did not stimulated differences, but greater use of technology made us more aware of the issues of copyright in general Rosemary Plank: sorry not differnces but changes gregg elkins: I didn't notice any information or dissemination on a broad scale Jan Stenftenagel: I'm sure not hearing much about it Restiani Andriati: The TEACH Act applies copyright act and fair use guidelines to the digital/electronic materials. Laurie DeHerrera: I have heard some information, given my field - but not much Carol DeArment: Who sued Kent State? That's scary! Chris Huang: The RIAA and MPAA. Jan Stenftenagel: So my course materials are "pulled" from my course if they are copyrighted? Chris Huang: It is noted in the 1 page pdf file. Chris Huang: Maybe RIAA only. Restiani Andriati: Chris, thanks for the info. I have your pdf doc open right now. I'll read it more carefully after this conference. Carol DeArment: Jan--Do these materials fall under Fair Use? Jan Stenftenagel: yes Rosemary Plank: but fair use means used only one time, right? Carol DeArment: We think copyrighted materials online should be used only for a limited time for which they are needed and only available to enrolled students. Carol DeArment: If materials meet other guidelines such as amount, it may weigh in favor of Fair Use. Carol DeArment: Remember, sponteneity is only one of the possible considerations. Laurie DeHerrera: How do you really prevent further copying? Restiani Andriati: Laurie, it is important that we have warning notice of the copyrighted material. Laurie DeHerrera: so part of our responsibility is to inform of the copyright Gundars Kaupins: Is there a particular format for the notice? Gundars Kaupins: Thanks Restiani Andriati: In the current displayed slide, on the bottom is an example of the notice that we posted in every course in the course management system. Laurie DeHerrera: can we get a copy of that slide? Chris Huang: I wonder is there a site that we can go to register our online instruction rather than typing "this material is copyrighted"? Rosemary Plank: if we copyright our online instruction the issue then is who does the course belong to the instructor or the instutution Restiani Andriati: Everything that is fixed it is automatically copyrighted. You no longer have to post the "Copyright" notice anymore. Chris Huang: thanks Carol DeArment: Rosemary--That is a question that no one knows for sure. It's a murky legal issue. Rosemary Plank: restiani - is ther a source for that information Carol DeArment: Yes, there is a source. It is law. I will let you know in a minute. Rosemary Plank: thanks much!!! Chris Huang: What would you do if you find a website produced by (other faculty at other university) uses your material or with some modification? Iskandar Hack: That is a good question Chris. Rosemary Plank: we find this periodically and have our attorneys contact the individual Naj Shaik: The focus so far has been use of copyright material for course content. Rosemary psoed the right question in the context of online instruction. Should we then also include students if they contributed to team projects that are then used in future course (especially in the context of cooperative knowledge construction pedagogy) Chris Huang: It is kind of like student cheating, you may say they do, but it is gray area in some cases. Carol DeArment: How would you prove it is your material? Chris Huang: That's hard too, since we don't copyright our stuffs. Carol DeArment: If you want to protect your material from being used, you can register it. Anyone can put a copyright notice on their work. Chris Huang: They must be pretty expensive, if we want to copyright every material in instructional units. Carol DeArment: Naj---I casnnot provide a legal answer, but I would think that construction of knowledge in a clasroom could be shared if all students are aware other may be using it. Carol DeArment: Chris, again, what kind of material are you talking about? FActual material is generally not copyrightable. Rosemary Plank: copyrighting everythiing seems to compound the problem....should there be a free press site - we have all heard of the action being taken for 'free access' Chris Huang: True, Carol, what I deal with most are video instruction materials. Carol DeArment: Learning objects are a big thing now--where materials could be available and adapted to many uses. Carol DeArment: Chris--are these videos that you make? Chris Huang: interviews, or section of on site instructions. Chris Huang: Sometimes based on explaination of a concept. Chris Huang: but then, concept are facts. Chris Huang: Sometimes the way of linking facts, but the system thinking of linking knowledges are different from person to person. Restiani Andriati: That is not an easy one, Chris. You may need to consult with your legal councel. Chris Huang: Ok. Chris Huang: Things get violated the most are clips of 3D animation that explain machanical processes. Restiani Andriati: I'm sorry I really have to leave. Carol is still here :-) Carol DeArment: Thosae should be copyright protected. Chris Huang: Hmm... Carol DeArment: I would think so, anyway. The information wouldn't be, but your presentation of it would be. Chris Huang: Ok, thanks for the information. Chris Huang: These are the issues that we are trying to figure out with our school of communication and their media law professors. No conclusion yet. Carol DeArment: Here's a question: A aprofessor taped the original ABC news report of NIxon leaving the WHite House after resigning. She uses the entire news program every term in her classroom. Is this fair use? Rosemary Plank: I must leave as well, will there be some place I will find the information related to :" Restiani Andriati: Everything that is fixed it is automatically copyrighted. You no longer have to post the "Copyright" notice anymore." Chris Huang: I think is case by case. Chris Huang: My advisor was trying to get the Kent State Shooting video footages, but without success because of the copyright issue. Even we can't get our own material. Chris Huang: I guess everyone left, well, bye everyone. Carol DeArment: I am having a problem. I dropped something on my keyboard and everything went blank. Laurie DeHerrera: isn't technology wonderful!! Jan Stenftenagel: Thanks for the interesting and useful information. Carol DeArment: I am supposed to save this chat archive. Before everyone leaves, might someone try to save it? You're welcome! gregg elkins: You can save it for yourself, I just did. gregg elkins: Thanks all, gotta run too. Carol DeArment: But everything disappeared from my screen before the past six exchanges. Joyce D. Meyer: missed i see Laurie DeHerrera: And the answer to the question is? Joyce D. Meyer: not to use centra? gregg elkins: lol, yep, it does seem to be an odd set up. Carol DeArment: I am supposed to save this, naming the file with the session number (024). Then It is to be emailed as an attachment to TOHE@ipfw.edu with CHAT TRANSCRIPT in the subject line. Can anyone do it? Laurie DeHerrera: sure Carol DeArment: Thanks! Laurie DeHerrera: what about the Nixon tape? Joyce D. Meyer: ?! Carol DeArment: Oh, No, because she uses the entire program every term.Yes, it is permissable Joyce D. Meyer: (Joyce looks around for any unindicted co-conspirators.) Carol DeArment: Ha ha. Carol DeArment: Please delete the "Yes. it is permisable" from above!I Laurie DeHerrera: it would be ok - but just not the complete program every term, correct? Carol DeArment: For the first term, if it is wiwthin 10 days of the program being on air, it is spontaneous. For other terms she should request permission to show her videotapes. It is probably permissible if she shows only a small portion of the program. Joyce D. Meyer: I'm sure you probably answered this, and I will be sure to get the transcript, but Laurie DeHerrera: small portion - meaning probably 2-3 minutes? Joyce D. Meyer: is there _any_ such thing as fair use anymore? Joyce D. Meyer: small portion is not fair use w/o asking? Carol DeArment: Generally it is 10% or 3 minutes, whichever is less. Joyce D. Meyer: business trumps teaching every time Carol DeArment: Yes, Joyce. It is still very much alive--but still compicated. Carol DeArment: I mean complicated. Joyce D. Meyer: this just gets me blue Laurie DeHerrera: so - may I use the copyright notice you put in your Blackboard announcements? Carol DeArment: Sure. Laurie DeHerrera: do I need to cite you? Carol DeArment: Not for that. There is nothing original about it. It is factual information. Laurie DeHerrera: that is just was I was going to mention - fact - I've learned a lot today! Joyce D. Meyer: Do you know how they will file the transcripts of these chat sessions? Carol DeArment: I'm glad!! Thank you. Please contact us if you want to keep up a discussion. Not that we have all the answers, but it's interesting to think about. Joyce D. Meyer: I would really like to see this discussion Laurie DeHerrera: looks like we are about done - I will save the script again, and get it e-mailed - thanks so much Carol DeArment: I don't know. Right now I'm concerned that this get saved, since mosst of the chat was obliterated from my screen. Laurie--will you remember to do it for me? Laurie DeHerrera: got it Carol DeArment: Thank you so much. My contact information is dearment@cidde.pitt.edu if I can supply more information or materials to help you out. Laurie DeHerrera: I'm at laurie.deherrera@ppcc.edu Carol DeArment: Great--I hope to talk to you later. Laurie DeHerrera: if we are done, I'll send the transcript Carol DeArment: I think we are. Thank you again. Joyce, I hope you are able to get a copy of it.