Distance Education and the TEACH Act
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Saved by 4 people (1 private), first by anonymouse user on 2007-11-08
- Wfryer on 2008-03-10 - Tags Copyright , intellectualproperty , DistanceLearning , distributedlearning , elearning , education
- Glennw98 on 2007-12-06 - Tags copyright_citation
- Dowellz on 2007-11-08 - Tags copyright , distance education , fair use
- Rgarns on 2007-02-20 - Tags copyright
Public Sticky notes
5. Converting analog materials to digital formats. Troublesome to many copyright owners was the prospect that their analog materials would be converted to digital formats, and hence made susceptible to easy downloading and dissemination. Some copyright owners have held steadfast against permitting digitization in order to control uses of their copyrighted materials. The TEACH Act includes a prohibition against the conversion of materials from analog into digital formats, except under the following circumstances:
- The amount that may be converted is limited to the amount of appropriate works that may be performed or displayed, pursuant to the revised Section 110(2); and
- A digital version of the work is not "available to the institution," or a digital version is available, but it is secured behind technological protection measures that prevent its availability for performing or displaying in the distance-education program consistent with Section 110(2).
These requirements generally mean that educators must take two steps before digitizing an analog work. First, they need to confirm that the exact material converted to digital format is within the scope of materials and "portion" limitations permitted under the new law. Second, educators need to check for digital versions of the work available from alternative sources and assess the implications of access restrictions, if any.
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