Hi Curiousprof,
Your question about TEACH has been an interesting one for me,
particularly as I made a career change from scholarly communication
librarianship to medical librarianship just about the time the act was
(finally, after literally years of work) passed. I did some research
on the web and talked with Peggy Hoon, the copyright specialist at
NCSU (and originator of that school's TEACH Toolkit) about TEACH and
how it is being accepted at universities.
I am copying part of one of Peggy's emails to me (this is, naturally,
copyright 2004 Peggy Hoon) about adoption of TEACH by universities:
"Most schools are struggling with developing the downstream controls
necessary to qualify for 110(2) (TEACH). This is requiring some investment
of institutional resources and talent to achieve. To "give up" on
TEACH is an unfortunate failure to appreciate that TEACH is really the
new 110(2) of the copyright act. If you cannot fit within 110(2),
then every use of a third party copyrighted work must either be with
permission or pursuant to fair use. And, as you well know, fair use
is always an "argument". Any time you can fit within a specific
exemption, you are better off. Having said that, some materials are
worth the development and application of the downstream controls while
others might be better within fair use. Images/graphics/photos, etc.
are the ones most worth the effort, in my opinion and well worth the
trouble."
(Peggy Hoon, personal communication, April 29, 2004)
So my interpretation of this statement is that universities who want
to use materials digitally that go beyond traditional fair use (this
would include graphic media and entire or significant portions of
other media like films and novels that are creative and could
otherwise be purchased by students) must either justify their use
under section 110c (TEACH) or pay royalties or other permission fees.
As I alluded to above, there are three major hoops that must be jumped
through for TEACH to take effect. The first (and possibly most
onerous to a university) is the creation of copyright use policies on
the university level. Many universities are addressing this issue
anyway, especially with the pressure that they are feeling because of
file sharing controversies. The second hoop is the development of
downstream controls on access to digitized materials. Most schools
appear to be subscribing to digital classroom products like Blackboard
that can be password protected (and even linked to a student's
registration records). Of course, in order to use these tools both
the school's technology infrastructure and staff must be ready to
implement them (and teach them to faculty - no small task in an of
itself!). Thirdly, faculty have to take responsibility for ensuring
that their materials are secure, follow copyright policies at the
university, and are legal within the TEACH act. Some materials -
online coursepacks, for example - are not covered by TEACH. You will
see a faculty checklist available at many of the following sites to
help professors figure out whether they're doing things right.
This is a lot of work to do (I gather you've figured this out
already), but my feeling from looking at all of the schools that have
TEACH materials available on their websites is that schools have
decided that the upfront costs of policy generation and technology
infrastructure are worth saving the ongoing costs of paying for copy
permission on materials that would otherwise be covered by TEACH. Not
to mention the fact that students are clamoring for access to this
information!
In June the University of Maryland is sponsoring the "Colleges, Code,
and Copyright" conference. Several of the speakers will be talking
about TEACH and/or downstream controls on copyrighted materials. You
might be interested in their website:
http://www.umuc.edu/odell/cip/symposium/index.html. Donna Ferullo
from Purdue will be talking on TEACH - she might be a good person to
contact for more information about how universities are complying with
the law, if you're interested.
Of the following list of schools (with links to their TEACH
materials), there is a continuum from ones who have clearly put a LOT
of time into TEACH (like NCSU, Purdue, etc.), to ones who are simply
linking to other schools' information. I've also included the
websites of two umbrella advisory groups.
To find these sites (and many others that I did not include), I used
Google with the following search:
"technology education and copyright harmonization act" site:.edu
University of Texas: The TEACH Act Finally Becomes Law
http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm
NC State University: TEACH Act Toolkit
http://www.lib.ncsu.edu/scc/legislative/teachkit/
IUPUI: Overview of Copyright and Distance Education
http://www.copyright.iupui.edu/dist_learning.htm
University of Northern Iowa: TEACH Act and UNI
http://fp.uni.edu/teachact/index.htm
California State University Channel Islands Library: Copyright
Information for Educators
http://www.csuci.edu/library/copyright/index.htm
(checklist is under "For Faculty")
University of North Carolina - Chapel Hill: Comparison Chart
http://www.unc.edu/%7Eunclng/TEACH.htm
Ball State University Copyright Center: Complying with the TEACH Act
http://www.bsu.edu/library/collections/copyright/complying/
University of Montana Burns Telecom Center - Janis Bruwelheide has
expertise in TEACH, but page is missing/"coming soon"
Penn State: TEACH Act
http://tlt.its.psu.edu/dmd/teachact/
Stanford University: Copyright & Fair Use - The TEACH Act
http://fairuse.stanford.edu/primary_materials/legislation/teach.html
Washington State University: University Publishing Copyright
http://publishing.wsu.edu/copyright/
(section on TEACH is "coming soon")
University of Maryland University Center: TEACH Act
http://www.umuc.edu/distance/odell/cip/links_teach.html
(really just resource list)
Leeward Community College (Hawaii): Utilizing Copyrighted Works in
Your Distance Education Course
http://emedia.leeward.hawaii.edu/de/faculty/copyright/TEACH_Act.pdf
University of Arizona: TEACH Act
http://www.library.arizona.edu/scholcomm/binary/slideshow/teach_act/
University of Baltimore: TEACH Act
http://langsdale.ubalt.edu/info_services/copyright/copyright_TEACH.htm
Organizations offering assistance/advice to institutions:
California Technology Assistance Project: TEACH
http://ctap.lacoe.edu/groups/main/article.html?channel_id=3&article_id=101&crumb=8094737
University Continuing Education Association
http://www.ucea.edu/salomon.htm
Please let me know if I can clarify this answer further! Thanks for a
great research project, and good luck!
- Librariankt |
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