Course Proposal Form: pdf or word

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purpose;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole; and
4. The effort of the use in question on the potential market value for or value of the copyrighted work.

1. Unauthorized copying may not be used to create, replace, or substitute for anthologies, compilations, or collective works, whether or not such unauthorized copies are collected and bound together or are provided separately.
2. Unauthorized copies may not be made of ?consumable? works, including workbooks, exercises, standardized tests, test booklets, answer sheets, and the like.
3. Unauthorized copying may not substitute for the purchase of books, publisher's reprints, or periodicals.
4. Higher authority, such as a dean or head of a department may not direct unauthorized copying.
5. The same teacher cannot copy the same item without permission from term to term.
6. No charge shall be made to the student beyond the actual cost of the photocopying.

• When an individual teacher is ?inspired? to use a work, and the inspiration and decision to use it and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission, AND
• If the following limitations with regard to amount of copying of a work are applied:
  • Complete article, story, or essay ? less than 2,500 words
  • Excerpted prose ? the shorter of less than 1,000 words or 10%
  • Chart, graph, etc. ? One (1) illustration
  • Poetry ? less than 250 words on two (2) pages or less, AND
• The copying is for only one course and term, AND
• No more than one article, story, essay, or poem OR two excerpts from works by the same author may be copied. No more than three works or excerpts may be copied from the same collective work or periodical volume during one class term and no more than nine such instances of multiple copying may occur for one course during one class term. (Item four guidelines do not apply to current news periodicals, newspapers, and current news sections of other periodicals.)
• The original copyright notice should appear on all copies of the work.

• A broadcast program may be recorded off-air and retained for a period not to exceed forty-five (45) consecutive days. Upon conclusion of the retention period, the off-air recording must be erased or destroyed immediately. ?Broadcast programs? are defined as television programs transmitted by television stations for the reception of the general public without charge. Pay cable programs are not considered ?broadcast programs.?
• Off-air recordings may be used once by individual faculty members in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary. Programs may be shown only in classrooms and similar places devoted to instruction within the campus. The recordings may be shown in class only during the first ten (10) consecutive school days of the forty-five (45) day retention period. ?School days? are defined as school session days ? not counting weekends, holidays, examination periods, or other scheduled interruptions.
• After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes. An example of such use would be to determine whether or not to include the broadcast program in the teaching curriculum. It may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization from the copyright holder.
• Off-air recordings may be made only at the request of and used by individual faculty members, and may not be recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same faculty member, regardless of the number of times the program may be broadcast.
• Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
• All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

• The videotape must be shown only to students and faculty in a face-to-face educational situation.
• The videotape must be shown as part of a systematic course of instruction (curriculum outline and lesson plans).
• The videotape must be shown in an assigned classroom location devoted to instruction.
• The videotape must be shown using legitimate (not illegally reproduced) copy with the copyright notice included.
• The signed rental or purchase agreement must not include a restriction on the use of the videotape for public performance.

• The videotape is shown for entertainment, recreation, cultural value, or is not directly related to a teaching activity that is a part of a systematic course of instruction.
• The videotape is shown to an audience not confined to registered students, faculty members, or guest speakers.
• The videotape is shown in an area not assigned as a place of instruction. Lounge, dining, and some auditorium areas are not considered places of instruction.
• The videotape is an illegally acquired or duplicated copy of the work.

• An archival or back-up copy can be made of a program that you own. The back-up copy can only be used if the original fails. You cannot use the back-up copy on a computer at the same time that the master copy is being used.
• You can adapt the program to your use by adding content or adapting it to another language. You cannot sell, distribute, or transfer the adapted version without written permission from the copyright holder.
• Faculty and staff cannot:
  • Make multiple back-up copies.
  • Make one copy for home and one copy for use at the university.
  • Make a copy for a friend (unless the software is public domain).
  • Use or make more than one copy to be used in a computer lab without purchasing the rights to the additional copies. This includes running a computer program on more than one machine from one purchased copy (as in a network system).
  • Illegally copied commercial software from SPU computers for use on other computers, or vice versa.
• Use SPU computer facilities to compromise other computers or networks, or to commit crimes or other unethical acts.
• Place public-domain or bulletin-board software on any SPU computer without the approval of the executive director of computer and information systems because of the danger of introducing viruses, worms, and other malicious or dangerous programs into the SPU computer network.

• The same copyright protections exist for the author of a work regardless of whether the work is in a database, CD-ROM, bulletin board, or on the Internet.
• If you make a copy from an electronic source, such as the Internet or Web, for your personal use, it is likely to be seen as fair use. However, if you make a copy and put it on your personal Web site, it less likely to be considered fair use.
• The Internet IS NOT the public domain. There are both uncopyrighted and copyrighted materials available. Assume a work is copyrighted.

1. Always credit the source of your information
2. Find out if the author of a work (e.g., video, audio, graphic, icon) provides information on how to use his or her work. If explicit guidelines exist, follow them.
3. Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.

1. Works explicitly allowed. Previous law permitted displays of any type of work, but allowed performances of only "nondramatic literary works" and "nondramatic musical works." Many dramatic works were excluded from distance education, as were performances of audiovisual materials and sound recordings. The law was problematic at best. The TEACH Act expands upon existing law in several important ways. The new law now explicitly permits:
   • Performances of nondramatic literary works;
   • Performances of nondramatic musical works;
   • Performances of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions"; and
   • Displays of any work "in an amount comparable to that which is typically displayed in the course of a live classroom session."
2. Works explicitly excluded. A few categories of works are specifically left outside the range of permitted materials under the TEACH Act. The following materials may not be used:
   • Works that are marketed "primarily for performance or display as part of mediated instructional activities transmitted via digital networks"; and
   • Performances or displays given by means of copies "not lawfully made and acquired" under the U.S. Copyright Act, if the educational institution "knew or had reason to believe" that they were not lawfully made and acquired.
   • The first of these limitations is clearly intended to protect the market for commercially available educational materials. For example, specific materials are available through an online database, or marketed in a format that may be delivered for educational purposes through "digital" systems, the TEACH Act generally steers users to those sources, rather than allowing educators to digitize the upload their own copies.
3. Instructor oversight. The statute mandates the instructor's participation in the planning and conduct of the distance education program and the educational experience as transmitted. An instructor seeking to use materials under the protection of the new statute must adhere to the following requirements:
   • The performance or display "is made by, at the direction of, or under the actual supervision of an instructor";
   • The materials are transmitted "as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities" of the educational institution; and
   • The copyrighted materials are "directly related and of material assistance to the teaching content of the transmission."
   • The requirements share a common objective: to assure that the instructor is ultimately in charge of the uses of copyrighted works and that the materials serve educational pursuits and are not for entertainment or any other purpose. A narrow reading of these requirements may also raise questions about the use of copyrighted works in distance-education programs aimed at community service or continuing education. While that reading of the statute might be rational, it would also be a serious hindrance on the social mission of educational institutions.
4. Mediated instructional activities. In perhaps the most convoluted language of the bill, the statute directs that performances and displays, involving a "digital transmission," must be in the context of "mediated instructional activities." This language means that the uses of materials in the program must be "an integral part of the class experience, controlled by or under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting." In the same provision, the statute specifies that "mediated instructional activities" do not encompass uses of textbooks and other materials "which are typically purchased or acquired by the students." The point of this language is to prevent an instructor from including, in a digital transmission, copies of materials that are specifically marketed for and meant to be used by students outside of the classroom in the traditional teaching model. For example, the law is attempting to prevent an instructor from scanning and uploading chapters from a textbook in lieu of having the students purchase that material for their own use. The provision is clearly intended to protect the market for materials designed to serve the educational marketplace. Not entirely clear is the treatment of other materials that might ordinarily constitute handouts in class or reserves in the library. However, the general provision allowing displays of materials in a quantity similar to that which would be displayed in the live classroom setting ("mediated instructional activity") would suggest that occasional, brief handouts ? perhaps including entire short works ? may be permitted in distance education, while reserves and other outside reading may not be proper materials to scan and display under the auspices of the new law.
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).

• www.spu.edu/depts/library/online_services/faculty_resources/copyright.htm
• www.ala.org/washoff/teach.html
• www.cni.org/docs/infopols/US.Copyright.Basics.html
• www.dtic.mil/cendi/publications/00-3copyright.html