Copyright, Fair Use, and TEACH

Daniel Webster College affirms strict adherence to U.S. Copyright Law by students, faculty and staff. All members of the DWC community must abide by all applicable copyright laws and licenses. Copyright compliance extends to written, spoken, viewed and downloaded works that carry copyright protection. (Copyright FAQ)

The Doctrine of Fair Use, which was included in the Copyright Act of 1976, states that reproduction… for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. The Four Factors provide a yardstick by which to measure the fair use of copyrighted material:

• The purpose and character of the use

• The nature of the copyrighted work

• The amount and substantiality of the portion used

• The effect of use on the potential market for the copyrighted work

It is not fair use to use the entirety of a work. Daniel Webster College affirms the use of materials under Fair Use as stipulated in U.S. Copyright Law. Repeated use of supplemental course materials from semester to semester may require permission of the copyright holder. The copyright permission must be displayed on each document, web site, or image.

The rapid expansion of distance education has resulted in the accelerated use of copyrighted works on the Internet and in other networked systems. The Technology, Education and Copyright Harmonization Act (TEACH Act), signed into law in November 2002, revises Section 110(2) and 112 of the U.S. Copyright Law governing the conditions under which accredited, non-profit educational institutions in the United States may use copyrighted materials.  It allows the transmission of copyrighted materials in digitized format for distance learning without prior permission from the copyright owner and without payment of royalties. However, this exemption includes specific requirements that must be met prior to use of the copyrighted material.  This is how Daniel Webster College has met those requirements:

Institutional Requirements

§         Daniel Webster College states its copyright policy and procedures for compliance in the faculty, student, and employee handbooks.

§         Informational materials regarding copyright that describe and promote copyright compliance are available on the Library website: Copyright, Fair Use, and TEACH, and in brochures targeted to faculty and students.

§         The main page of the College’s course management software (Blackboard) and each course page have a copyright notice informing students that materials used in connection with the course may be subject to copyright protection.

Technological Requirements

§         Access to course materials is limited to enrolled students “to the extent technologically feasible” through the course management software with overview by the Information Technology Services (ITS) Department and Registrar’s Office.

§         Access to online course content is restricted to the time needed to complete the class session or course.

§         Daniel Webster College’s ITS Department employs technical measures to make every effort to prevent retention, downloading, or unauthorized further dissemination of digital transmissions within the distance education course management system.

§         Daniel Webster College’s technological systems do not interrupt digital rights management code or other technological measures used by copyright owners to control their works.

§         Pursuant to Section 112 of the Copyright Act, Daniel Webster College can retain copies of copyrighted materials for digital transmissions, but these copies will be made solely for educational transmissions, and archived after each use.

Instructional Requirements

The TEACH Act establishes limits on the choice of content for distance education.  While the Act explicitly permits performances of non-dramatic literary and musical works in “reasonable and limited portions” displayed “in an amount comparable to that which is typically displayed in the course of a live classroom session,” the following works are explicitly excluded under the TEACH Act, and may not be used:

§         Works that are marketed “primarily for performance or display as part of mediated instructional activities transmitted via digital networks”

§         Works “not lawfully made or acquired” under the U.S. Copyright Act, if the educational institution “knew or had reason to believe” that these works were not lawfully made or acquired.

Daniel Webster College instructors participate fully in the planning and conduct of the distance education program and adhere to the following additional requirements:

§         The performance or display “is made by, at the direction of, or under the actual supervision of an instructor.”

§         Transmission of works is “an integral part of a class session offered as a regular part of the systematic, mediated instructional activities” of the educational institution.

§         The copyrighted materials are “directly related and of material assistance to the teaching content of the transmission.”

The Copyright Management Center provides a useful Checklist for the TEACH Act to assist instructors in determining whether use of a work in distance education is TEACH Act compliant. Daniel Webster College faculty, students and staff are encouraged to learn more about copyright compliance through the tutorials accessible at the following websites:
    >Crash Course in Copyright, University of Texas
    >Primer, University of Maryland University College
     >Interactive Guide to Using Copyrighted Media in Your Course, Baruch College

Electronic Reserves and Copyright

Anne Bridge Baddour Library recognizes the importance of making materials available to students as an extension of the classroom within the bounds of copyright law. The purpose of electronic reserves service is to provide online access for enrolled students to items that supplement course content or constitute recommended further reading in support of the academic mission of Daniel Webster College. The goal of Baddour Library's Policy on Electronic Reserves is to articulate the process by which copyright decisions are made.

Approved & Endorsed for Daniel Webster College by:

Dr. Robert E. Myers, President of the College                        December 15, 2005

Dr. Michael Fishbein, Provost and Dean of the College        December 15, 2005

Francesca L. Denton,                                                                  December 15, 2005
Director of Anne Bridge Baddour Library