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

[Ryan Prior]

Please excuse my thickheadedness when it comes to lawyer-speak. Can you
clarify this for me? I read it thus: a nonprofit/educational institution is
not held liable for infringing uses of copyrighted works by its faculty and
grad students, unless that work is put online and recommended or required
for students to read, in which case the institution can be held liable?

-Ryan

On Thu, Jan 29, 2009 at 11:12 AM, Kevin Driscoll <driscollkevin at gmail.com>wrote:

> 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
> >>> _______________________________________________
> >>> Discuss mailing list
> >>> Discuss at freeculture.org
> >>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
> >>>
> >> _______________________________________________
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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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> >
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