Create 3.1.2 Fair Use and the TEACH Act Quest

 Under U.S. law, faculty and students have rights to use copyrighted intellectual property for educational (non-profit) activities called "fair use" rights. The University of St. Francis in Illinois has collected information on various topics related to fair use.  Its selection includes some issues which may be of particular interest to Technology Source readers, such as the rules governing use of audiovisual aids and materials for distance education.  The State University of New York at Albany has compiled guidelines for fair use of copyrighted works by educators and students. Specific topics addressed on the site include: the four factors involved in determining fair use, how to get permission to make copies of copyrighted material, guidelines for electronic lists and discussions, and citations for readings on current copyright law.  Stanford University Libraries have established a Web reference about copyright and intellectual property norms and legal issues. The site provides links to judicial and legislative law and standards, and offers information about the current status of pending copyright actions (Morrison, 2006).
In conclusion, these issues are not going anywhere because the use of online resources and online education is increasing exponentially.  Educators can avoid copyright violations and legally use copyrighted materials if they understand and comply with the fair use guidelines (Morrison, 2006).  If educators, institutions, third-party sources take the time prior to releasing works, or hiring employees to write those works, then many of these issues could be eliminated or lessened.  In many cases, time is a factor and the ease with which the material can be copied and pasted into lessons is causing many issues.  Copyright is economically motivational, intellectual property rights are security motivational, and solutions are there if all parties would simply take care to read and abide by the guidelines.

The Senate Report (107-31) accompanying the TEACH Act specifically states: 

"Nothing in this Act is intended to limit or otherwise to alter the scope of the fair use doctrine. As the Register's Report explains: "Fair use is a critical part of the distance education landscape. Not only instructional performance and displays, but also other education uses of works, such as the 

provision of supplementary materials or student downloading of course materials, will continue to be subject to the fair use doctrine. Fair use could apply as well to instructional transmissions not covered by the changes to section 110(2) recommended above. Thus, for example, the performance of more than a limited portion of a dramatic work in a distance education program might qualify as fair use in appropriate circumstances." 

Specifically, this legislation is enacted in recognition of the following: 

a. the fair use doctrine is technologically neutral and applies to activities in the digital environment; and 

b. the lack of established guidelines for any particular type of use does not mean that fair use is inapplicable. 

In the TeachAct checklist, if you are able to check all of the boxes as yes, then you are covered under the legal protection of the TeachAct.  The Fair Use checklist is much more abstract and you will need to measure your favors vs opposing and use your judgement.