Re: "Material must NOT have been intended for educational use"

[John Ruttner <jruttner@xxxxxxxxx>]

On Jul 14, 2004, at 11:45 AM, Valerie A. Lang wrote:

> Hello -
>
> I have yet another question regarding the TEACH Act.  Below is a link
> from the Chronicle of Higher Education, A Copyright Checklist for 
> Online
> Courses at :
>
>  <http://chronicle.com/free/v49/i29/29a02901.htm?cch>
> http://chronicle.com/free/v49/i29/29a02901.htm?cch#check .
>
> The checklist is consistent with what I have read on the TEACH Act,
> however I am unclear about the criterion in the 4th bullet down, "The
> material must not have been originally intended for educational use."
>
> I would welcome any clarification on that.  It is my understanding that
> the material should be intended for educational use - unless I am
> misinterpreting the statement somehow.
>
> Help anyone.  Thank you.
> Val
>


Hi Val:
It comes back to the profit issue... specifically [that]  "mediated 
instructional activities" do not encompass use of textbook and other 
materials "which are typically purchased or acquired by students".  As 
Ken Crews writes "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 the classroom in the traditional teaching model...... 
Thee provision is clearly intended to protect the market for materials 
designed to serve the educational marketplace."


John Ruttner
Instructional Designer
Office for Distributed Learning
CSUSB


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