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

["Self, George" <selfg@xxxxxxxxxxx>]

I'm far from an expert in this field, but it was my understanding that
(among other things) the TEACH Act was intended to protect items that
were originally written as educational materials (like tutorials). For
example, it would not be legal to copy some step-by-step movie that
comes on a CD with an accounting book in order to post that movie to a
Blackboard or WebCT site. That material was originally intended for
"educational use" and students should be expected to purchase the text
(and its CDs) when they take the course. I understand that TEACH is
intended to cover things like dramatic presentations that are not
designed specifically for education but have some direct use in class
rather than course packs that come with texts.

Perhaps the rogue line in the checklist refers to this type of material.
Of course, I could be wrong (for about the thousandth time today).

George Self
Director, Online Campus
Cochise College
901 N. Colombo Ave
Sierra Vista, AZ 85635
Voice: (520) 515-5385
Toll-free: (800) 966-7943 ex. 5385
FAX: (520) 515-5356
Email: selfg@xxxxxxxxxxx

-----Original Message-----
From: Valerie A. Lang [mailto:langval@xxxxxxxx]
Sent: Wednesday, July 14, 2004 11:45 AM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: "Material must NOT have been intended for educational use"

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


Valerie A. Lang
Librarian / Instructor
Dwight Marvin Library
Hudson Valley Community College
Troy, NY  12180
Phone: 518.629.7319
Fax: 518.629.7509


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