TxDLA 2010

1. Copyright not Copywrong: Staying Legal and Ethical in Online Learning
Christine Salmon, PhD, The University of Texas at Dallas
Texas Distance Learning Association 2010 Conference
General Guidelines derived from the DMCA and the TEACH Act
Fair Use Four Factors:
1. Purpose
2. Nature
3. Amount
4. Effect
Distance / online education ‐ Mediated instructional activities:
–Integral part of class
–Under supervision/control of instructor
–In a manner analogous to performance/display in live, F2F classroom (digital)*
Classroom Copying:
Multiple copies allowed (no more than per student) provided that copying:
A. Contains copyright notice
B. Meets test of brevity (limits on amount)and spontaneity (time requirements)
C. Meets test of cumulative effect (limits on instances)
From: Stanford University Copyright and Fair Use Overview
http://fairuse.stanford.edu/index.html
Reproducing printed materials for use in class:
• A book chapter
• An article from periodical or newspaper
• A short story, short essay, short poem
• A graph, diagram, chart, cartoon, drawing, picture from a book, newspaper,
periodical
BUT
• Copyright notice must be attached (each item)
• Copying must NOT replace textbook, workbook
• Must not charge more than actual cost of copying
• Must not exceed one copy per student
• Cannot copy texts, workbooks, standardized tests, etc created for educational use
(consumables)
AND
Restrictions: Brevity Test
• Complete poem IF < 250 words
• Excerpt of no more than 250 (if longer poem)
• Complete article, essay, story IF < 2500 words

2. • Excerpt from prose of no more than 1000 words or 10% of entire work, whichever
is less
• One (1) graph, diagram, chart, cartoon, drawing, picture per book, newspaper,
periodical
AND
Spontaneity Test
•Idea for copying derives from teacher, not administration
•Idea and copying must occur close in time – so close that no time for permission
request and granting
AND
Cumulative Effects Test
Per class term restrictions – all of above, plus
• Per author
–One story, short poem, article, essay
–Two excepts
• Per collective work, periodical volume
–No more than three stories, short poems, articles, essays (or combination)
• Only nine (9) instances per course
Television
Recording network shows:
• Keep copy for 45 days BUT use for instruction only first 10 days
• Played once by individual teacher for instruction
• After 10 days, use only for teacher evaluation (should we use it in curriculum? Yes
– MUST obtain permission)
• After 45 days, recording MUST be erased
AND
• Recorded only at request of instructor
• Used only by instructor
• No standing requests; no anticipated requests
• Copies only for individual instructor
• NO compilation
• Must include copyright notice
Digital Images
• Can digitize an analog image IF digital image not available at fair price
• Can display for lectures, scholarly presentations
• Institution can compile digitized images on secure network for students enrolled
in class for review or directed study.
–Must include statement prohibiting: downloading, copying, retention, printing,
sharing, modification
• CANNOT reproduce or publish images in publications (incl. scholarly publications)

3. Multimedia
Students, instructors preparing MM works:
• MM = combination of music, text, graphics, illustrations, photographs, images,
video
• For F2F instruction, directed self‐study, remote instruction
• Only systematic learning activities at no‐profit educational institutions
• Can use MM presentation up to 2 yrs after 1st use
Portion restrictions (cumulative effect test):
• 10% or 1000 words (whichever is less)
• No more than 3 poems by single author
• No more than 5 poems by different poets in an anthology
• Up to 10% or 3 minutes of motion media
• One (1) photo/illustration by single artist
• No more than 10% or 15 images (whichever is less) from collective work
Stanford fair Use ‐ http://fairuse.stanford.edu/index.html