Reply to Stan Gardner

["Siegfried Angerer" <sseaprod@xxxxxxxxxxxxxx>]

Greetings
Annotated reply to Stan Gardner.
Best practice in online learning.
-----------Begin-------------
From: "Stan Gardner/LI/AD/WSC" <StGardn1@xxxxxxx>
Subject: Re: digital-copyright Digest 15 Nov 2002 16:00:00 -0000 Issue
  104
Message-ID: <OFE9C93F20.13237C68-ON86256C75.0057AA03@xxxxxxx>

Here are a series of questions I've received from faculty lately.  I'm sure
that they have been brought up before on this list - so if anyone feels up
to providing me with some answers, perhaps you would want to send them to
me, rather than to the list (that's up to you).

Thanks,

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1.  If a teacher is doing an on-line class, whether off-campus or
on-campus, how many of their lecture notes must be notated as to where
their information came from?
Reply: All source materials must be notated (footnoted) and checked for
copyright clearance, even if the materials are published behind firewalls,
or republished using in-house publishing services.

2.  Music...how and when is it OK to make copies to be used temporarily,
ie. while waiting for copies that have been ordered, for a temporary use,
etc.
Reply: Copyright clearance of all original music, audio tapes, video must be
sought prior to republication, this includes seeking permission for the
continued education use of materials in-house and behind firewalls.

3.  When a faculty person has a booklet of printed information to be used
for a class and sold by the campus bookstore, how can materials be copied
for use in that class and kept legal.
Reply: All materials republished by any in-house publishing service and sold
for commercial gain either directly or indirectly as part of another service
provided for commercial gain ( e.g.. enrolled students) must be cleared with
the appropriate authority / copyright owner.

4.  How about copies used from a book or music that is "out-of-print"...how
is this done to be legal.
Reply: Materials that are out of print, music no longer pressed, video/ film
etc. are no exception to the above good practice guide.
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1.  How much of a source can we copy?
Reply: Depending on copyright legislation in each country the variation of
the amount of materials allowed to be copied is generally less than 50% of
the original. All reproduction is generally approved through state,
territory or federal copyright clearance houses. Most education providers
pay an annual fee to these authorities and nominate the amount of copying as
well as what is copied. This is generally a duty carried out by the library
of the education provider who have been doing this for several years in
accordance with student photocopy practices.

2.  What would happen to me and WSC if there were some legal concerns from
the copyright holder?
Reply: It generally depends on the laws in your state or territory /
country, the level of veracity and vigilance of the authority and the
copyright owner. Generally, it is hard for authors to take on large
institutions and public bodies. Often academics consider that education is a
service that is designed for the public good and tend to turn a blind eye
with regards to journal or book type abuses that occur in a teaching and
learning environment. However the rules are changing when it comes to online
learning. Many academics consider that some things can easily be free, but
other things must be paid for by the employer who is earning revenue in
excess of the standard face to face reach contracts that remain standard
employment contracts.


How does copyright pertain to the use of visual images published in print
or electronically (ads, illustrations, photographs), and art, etc.,  How
much of the image must be modified  in the making of art.?  What can be
appropriated and what can be used as source material without violation?

Reply: Copyright on visual images, webpage graphics etc. are in my opinion
owned by the creator. Copyright clearance is generally sought for the use of
any third party graphics and images, e.g.. the use of images to simulate
software training environments. In addition many academics and those
employed in online development centres generally sign a contract that
specifies anything produced for use online for the employer is the property
of the academic institution. This places the legal onus of responsibility on
the institution. Anything produced by any employee under the terms of the
contract and disputed by a third party is a matter for the education
institution to resolve.

Maybe it would be good to hear from a lawyer!
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Regards

Siegfried E. Angerer
Bu. Ph 613 9645538
Ah. Ph 613 96961814
sseaprod@xxxxxxxxxxxxxx