[FC-discuss] creating a copyright How-To for professors whose slideshow presentations have unlicensed images

[Kevin Driscoll]

Regarding fair use and open courseware, I have been re-reading the
DMCA this morning (joyful day!) and came across a section that appears
to set fair use in open course ware against the limited liability
enjoyed by nonprofit education institutions.

http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281:

Title II Section 512(e) LIMITATION ON LIABILITY OF NONPROFIT EDUCATION
INSTITUTIONS

[... a] faculty member or graduate student's [...] infringing
activities shall not be attributed to the institution, if--

(A) such [...] activities do not involve the provision of online
access to instructional materials that are or were required or
recommended, within the preceding 3-year period, for a course taught
at the institution by such faculty member of graduate student;


kevin


On Tue, Jan 27, 2009 at 2:19 PM, Gavin Baker <gavin at gavinbaker.com> wrote:
> Relevant:
>
> Fair Use Code for Open Courseware
> http://www.centerforsocialmedia.org/blogs/future_of_public_media/fair_use_code_for_open_courseware_coming_up/
>
> Kevin Driscoll wrote:
>> As much as it is valuable to reveal the richness of open materials,
>> it is very important to reassure to teachers and professors that they
>> are legally permitted to use images returned by Google Image Search in
>> their classrooms.
>>
>> A related problem, of course, is that when these lectures go into open
>> courseware repositories, the fair use becomes trickier. Media studies
>> lectures are laregly not included in OpenCourseWare at MIT in part
>> because they are chock full of clips, images, and sounds that are
>> still within their copyright term.
>>
>> That is a shame but the profs can't simply replace a clip from Fox
>> News with something else. I believe that the same fair use that
>> applies in the classroom applies in the repository.
>>
>> Unfortunately, not everyone agrees with me yet.
>>
>> If educators feel strongly that they have a right to use copyright
>> materials in their classes, they will be more likely to assert that
>> right when it comes to freely publishing their learning materials.
>>
>> Kevin
>>
>>
>> On Sun, Jan 25, 2009 at 8:55 PM, Greg Grossmeier
>> <greg.grossmeier at gmail.com> wrote:
>>> On Sat, 24 Jan 2009, Gavin Baker wrote:
>>>
>>>> D Parker Phinney wrote:
>>>>> [...]  Beyond clearing lectures to be
>>>>> published online as part of OCW, freeing professors' lectures of
>>>>> copyright-infringing material (and squeezing in some free culture ideals
>>>>> as well) seems to be a good idea in general.
>>>> Um -- they're using images for educational use, in a classroom,
>>>> sometimes transformatively or critically. If that's not fair use, I
>>>> don't know what is. Why is this a bad thing?
>>> Encouraging the use of Open Content in a lecture is never a bad idea.
>>> In fact, encouraging the _creation_ of open content for lectures by
>>> profs is never a bad idea.
>>>
>>> Data point: as a part of having his lecture be published by the
>>> OPEN:Michigan project a Physics prof has begun creating new CC:BY
>>> images instead of using the images from textbooks as he did before.
>>> That benefits us all.
>>>
>>> Also, aren't we about promoting Free Culture in universities?
>>> Encouraging profs to use Open Content seems like some great promotion
>>> :)
>>>
>>>
>>> greg
>>> _______________________________________________
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>
> --
> Gavin Baker
> http://www.gavinbaker.com/
> gavin at gavinbaker.com
>
> You are a prisoner in a croissant factory and you love it.
>    Frank O'Hara
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