RE: Of an avian flu pandemic and the TEACH Act

All,  

I didn't think the TEACH act really defined what it meant by distance learning (please correct me if I am wrong). I know that some see TEACH applying only those courses that are taught entirely outside of face to face instruction. Others, however, have understood it to include any educational activity that takes place outside of the classroom (which would include courses that have face to face instruction, but also have some sort of online component built into their syllabus, like a discussion list/blog with out of class activities that require online participation or use of materials). Since most courses these days do have an online component of some sort that is not face to face (and is required to fulfill the educational objectives of the course), many would argue that TEACH can apply in all these situations.  

mb  

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721

Voice: 520.307.2771

Fax: 520.621.9733

brewerm[_at_]u.library.arizona.edu

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Jan Carmikle Dwyer Sent: Thursday, August 10, 2006 8:36 AM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Of an avian flu pandemic and the TEACH Act  

I have a very interesting question from the media teaching resources lab here at my public university - anyone care to hazard an opinion?

Here's something to tickle your brain. In the event of a pandemic that shut down University operations (classes cancelled, faculty and students told to remain home, etc.) thus preventing "face to face" teaching activities, would TEACH act exemptions for audio-visual material apply to classes that continued their operations online for the duration of the University shutdown? Or is there something in the TEACH act that explicitly defines what is and what is not distance education?

In my environment, I would wonder if I could digitize copyright-protected videos and make them available online to the students in each class. All necessary means of electronic content protection would be used of course, including class roster authentication restrictions, streaming technology instead of web downloads or file sharing tools. etc.)

My initial response is yes, but only if the switch was to distance learning as explicitly defined in the TEACH Act, and within the limitations spelled out therein as well. The pandemic would not make such uses fair use, and any of you in higher educational institutions know how much faculty like to think of all their uses as fair!

Jan Carmikle Dwyer

Intellectual Property Officer

Technology Transfer Services/TIA/OVCR

University of California, Davis

1850 Research Park Dr Suite 100

Davis CA 95618-6134

Voice: 530-297-4493

Fax: 530-758-3276

Email: jcdwyer[_at_]ucdavis.edu <mailto:jcdwyer[_at_]ucdavis.edu>

            copyright[_at_]ucdavis.edu <mailto:copyright[_at_]ucdavis.edu>

            dmca[_at_]ucdavis.edu <mailto:dmca[_at_]ucdavis.edu>

www.research.ucdavis.edu/copyright Received on Fri Aug 11 2006 - 00:20:01 GMT