Copyright Law for Librarians and Educators by Kenneth D. Crews

Author:Kenneth D. Crews
Language: eng
Format: mobi, epub
Tags: Law
ISBN: 9780838994627
Publisher: ALA Editions
Published: 2012-03-01T21:00:00+00:00

• Applying the law of fair use, which may allow uses beyond those detailed in the TEACH Act. Chapters 8 through 11 of this book examine fair use in detail.

• Securing permission from copyright owners for uses not sanctioned by the TEACH Act, fair use, or other provisions of the law. Chapter 18 of this book includes guidance for seeking permissions.

The TEACH Act is relatively new law, but in its several years of existence it apparently has gained only modest acceptance. The principal reason may be simply that the law is too complicated for casual compliance, and its conditions may appear confusing, foreboding, or perhaps impossible. The TEACH Act may find its greatest potential when applied to courses that are initiated and overseen by a centralized office. Someone with oversight authority may have the best opportunity to be sure that the litany of legal details is addressed, and that the policy makers and technology specialists are enlisted to offer their skills and services.

By contrast, the individual instructor who is scanning and uploading materials to a website may not have the resources, talents, or even inclination to address every provision of the TEACH Act. An individual instructor is typically not well positioned to evaluate the detailed law and to make all judgments about legal interpretations, choices, and compliance. Until some level of centralized authority at an educational institution takes the lead, the TEACH Act will probably not be a realistic option, but instructors have the continuing opportunity of turning to fair use and other constructive options.

FAIR USE LONG has applied to distance education. Educators have depended for years on fair use to cover uses in all forms of distance education courses, and reports from Congress issued in connection with passage of the TEACH Act affirm that fair use remains a legally valid alternative when the TEACH Act does not work.

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