<< Chapter < Page Chapter >> Page >

The TEACH Act expands the scope of educators’ rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching. But there is still a considerable gap between what the statute authorizes for face-to-face teaching and for distance education. For example, as indicated above, an educator may show or perform any work related to the curriculum, regardless of the medium, face-to-face in the classroom - still images, music of every kind, even movies. There are no limits and no permission required. Under 110(2), however, even as revised and expanded, the same educator would have to pare down some of those materials to show them to distant students. The audiovisual works and dramatic musical works may only be shown as clips — “reasonable and limited portions,” the Act says. ( (External Link) )

The resource ends with a short checklist that helps an individual or institution understand if they are already using the Teach Act. I am wondering if this type of approach, reformatted as a questionnaire, could be used to get a sense of how “Fair Use/Fair Dealing/etc.” is being practiced in the US and outside. If so, how might that contribute to a process resulting a “Community Standards” document/resource?

Cheers, Ken

5. steve foerster -november 24th, 2007 at 10:23 am

Ken, I expect you’re right that educators everywhere usually do what’s right for their students regardless of whether the what the local legal climate may be, and rightly so.

The TEACH Act is useful in certain situations, but it has some limitations. One is that it only applies to government run schools or accredited non-profit schools. Say what you want about commercial schools, but this means that their students don’t have the same access to knowledge that their peers in government and non-profit schools do. It also forces schools that take advantage of it to distribute materials that “accurately describe, and promote compliance with, the laws of United States relating to copyright.” Not sure how I feel about that, especially “promoting compliance — what if there’s a group on campus that distributes materials that promote not complying with copyright?

The advantage of the TEACH Act is that it’s a lot more clearcut than fair use. The problem with fair use is that there are enough overlapping gray areas that no checklist could provide a definitive answer. Even when people try to put together guidelines they’re oversimplifications that might get those who follow them into trouble, e.g. (External Link)

A statement of best practices would be better. I understand that media literacy educators are starting to work on this for themselves, I’m corresponding with them now about whether there’s room in their initiative for all educators.

6. ken udas - november 25th, 2007 at 8:35 am

Great points. I really had not dug into the restrictions associated with the Teach Act. I was thinking less of using the “Check List” a tool for compliance and more as one way of collecting information about current application (practice). I was thinking that it might be a low-barrier means of getting base-line information about how teachers think about Fair Use without asking them to write full descriptions of best practice. This would simply describe some facets of current practice, which might help inform an effort leading to something more fully formed – perhaps a statement supported by illustrative examples. Is this coherent with what you see as useful?

7. ken udas - november 25th, 2007 at 8:38 am

Now, for the last really broad question that I want to ask. In your opinion, what do you think the relationship might be between Fair Use and OER (if any)?

8. steve foerster - november 25th, 2007 at 12:37 pm

I’m not sure the idea is necessarily to get teachers up to speed on fair use before putting together a statement of best practices. I think it’s more to have those educators who already have expertise and understand the issue to draft it and have it be recognized by a variety of educator advocacy groups. Once that’s done it should be a much more manageable task for teachers and lecturers to get a clear understanding of what’s acceptable and what isn’t.

As for the relationship between fair use and OERs, I don’t think there really is one when it comes to the materials themselves. Fair use is nothing more than a limited set of circumstances when closed content can be used without permission. However, we’re all part of the free culture movement. Just as the OER movement has benefited from involvement from the Access to Knowledge crowd, hopefully as the movement to reclaim fair use grows among educators, those people will be interested in getting involved with OERs as well.

9. karen - november 30th, 2007 at 8:34 am

Interesting discussion. One other thought on the possible relationship between fair use and OER is that as more educators realize how limited and ambiguous fair use really is (many think it is a blanket exemption to use closed materials) the need and value of OERs becomes more evident.

I have been doing some awareness-building presentations about OER for K-12 educators. I decided to do this in part in response to some appalling experiences hearing educators misinterpreting copyright law and fair use and passing these misunderstandings on to students. The reception to these sessions has been very strong. Most teachers want to do the right thing, I think; they just don’t understand what that is and what options, such as OER, exist.

I think that your idea of a drafting a “statement of best practices” in this area is a good one. Are you interested in putting together something like that, perhaps in a wiki where an interested group could collaborate on this?

Questions & Answers

find the 15th term of the geometric sequince whose first is 18 and last term of 387
Jerwin Reply
The given of f(x=x-2. then what is the value of this f(3) 5f(x+1)
virgelyn Reply
hmm well what is the answer
Abhi
how do they get the third part x = (32)5/4
kinnecy Reply
can someone help me with some logarithmic and exponential equations.
Jeffrey Reply
sure. what is your question?
ninjadapaul
20/(×-6^2)
Salomon
okay, so you have 6 raised to the power of 2. what is that part of your answer
ninjadapaul
I don't understand what the A with approx sign and the boxed x mean
ninjadapaul
it think it's written 20/(X-6)^2 so it's 20 divided by X-6 squared
Salomon
I'm not sure why it wrote it the other way
Salomon
I got X =-6
Salomon
ok. so take the square root of both sides, now you have plus or minus the square root of 20= x-6
ninjadapaul
oops. ignore that.
ninjadapaul
so you not have an equal sign anywhere in the original equation?
ninjadapaul
hmm
Abhi
is it a question of log
Abhi
🤔.
Abhi
Commplementary angles
Idrissa Reply
hello
Sherica
im all ears I need to learn
Sherica
right! what he said ⤴⤴⤴
Tamia
hii
Uday
what is a good calculator for all algebra; would a Casio fx 260 work with all algebra equations? please name the cheapest, thanks.
Kevin Reply
a perfect square v²+2v+_
Dearan Reply
kkk nice
Abdirahman Reply
algebra 2 Inequalities:If equation 2 = 0 it is an open set?
Kim Reply
or infinite solutions?
Kim
The answer is neither. The function, 2 = 0 cannot exist. Hence, the function is undefined.
Al
y=10×
Embra Reply
if |A| not equal to 0 and order of A is n prove that adj (adj A = |A|
Nancy Reply
rolling four fair dice and getting an even number an all four dice
ramon Reply
Kristine 2*2*2=8
Bridget Reply
Differences Between Laspeyres and Paasche Indices
Emedobi Reply
No. 7x -4y is simplified from 4x + (3y + 3x) -7y
Mary Reply
how do you translate this in Algebraic Expressions
linda Reply
Need to simplify the expresin. 3/7 (x+y)-1/7 (x-1)=
Crystal Reply
. After 3 months on a diet, Lisa had lost 12% of her original weight. She lost 21 pounds. What was Lisa's original weight?
Chris Reply
what's the easiest and fastest way to the synthesize AgNP?
Damian Reply
China
Cied
types of nano material
abeetha Reply
I start with an easy one. carbon nanotubes woven into a long filament like a string
Porter
many many of nanotubes
Porter
what is the k.e before it land
Yasmin
what is the function of carbon nanotubes?
Cesar
I'm interested in nanotube
Uday
what is nanomaterials​ and their applications of sensors.
Ramkumar Reply
what is nano technology
Sravani Reply
what is system testing?
AMJAD
preparation of nanomaterial
Victor Reply
Yes, Nanotechnology has a very fast field of applications and their is always something new to do with it...
Himanshu Reply
good afternoon madam
AMJAD
what is system testing
AMJAD
what is the application of nanotechnology?
Stotaw
In this morden time nanotechnology used in many field . 1-Electronics-manufacturad IC ,RAM,MRAM,solar panel etc 2-Helth and Medical-Nanomedicine,Drug Dilivery for cancer treatment etc 3- Atomobile -MEMS, Coating on car etc. and may other field for details you can check at Google
Azam
anybody can imagine what will be happen after 100 years from now in nano tech world
Prasenjit
after 100 year this will be not nanotechnology maybe this technology name will be change . maybe aftet 100 year . we work on electron lable practically about its properties and behaviour by the different instruments
Azam
name doesn't matter , whatever it will be change... I'm taking about effect on circumstances of the microscopic world
Prasenjit
how hard could it be to apply nanotechnology against viral infections such HIV or Ebola?
Damian
silver nanoparticles could handle the job?
Damian
not now but maybe in future only AgNP maybe any other nanomaterials
Azam
Hello
Uday
I'm interested in Nanotube
Uday
this technology will not going on for the long time , so I'm thinking about femtotechnology 10^-15
Prasenjit
can nanotechnology change the direction of the face of the world
Prasenjit Reply
At high concentrations (>0.01 M), the relation between absorptivity coefficient and absorbance is no longer linear. This is due to the electrostatic interactions between the quantum dots in close proximity. If the concentration of the solution is high, another effect that is seen is the scattering of light from the large number of quantum dots. This assumption only works at low concentrations of the analyte. Presence of stray light.
Ali Reply
the Beer law works very well for dilute solutions but fails for very high concentrations. why?
bamidele Reply
how did you get the value of 2000N.What calculations are needed to arrive at it
Smarajit Reply
Privacy Information Security Software Version 1.1a
Good
Got questions? Join the online conversation and get instant answers!
QuizOver.com Reply

Get the best Algebra and trigonometry course in your pocket!





Source:  OpenStax, The impact of open source software on education. OpenStax CNX. Mar 30, 2009 Download for free at http://cnx.org/content/col10431/1.7
Google Play and the Google Play logo are trademarks of Google Inc.

Notification Switch

Would you like to follow the 'The impact of open source software on education' conversation and receive update notifications?

Ask