Subject: Copyright, for-profit educational institutions, and distance education From: "Bob Holley" <aa3805@xxxxxxxxx> Date: Thu, 2 Feb 2012 19:22:29 -0500 |
In a discussion with colleagues today, no one knew how for-profit institutions such as the University of Phoenix can successfully teach their online course without breaking the law in regards to copyright. The Teach Act applies only to non-profit institutions and therefore does not allow for-profits to legally use copyrighted materials in distance education. "Section 110(2), as amended by the TEACH Act, extends the Classroom Exemption to accommodate the performance of copyrighted materials for distance education by accredited, non-profit educational institutions that meet the Act's qualifying requirements." From: http://www.libraryvideo.com/aboutus/lvccopyright.asp This statement would appear to gut the ability of for-profits to offer distance education courses since almost all such courses depend upon the fair use of copyrighted information. The conversation discussed three possible ways around this problem: 1. The for-profit institutions are set up in some convoluted way that the teaching part is non-profit. 2. The for-profit pays the fees for each use of a copyrighted item. 3. The for-profit lets the faculty member do it without worrying about the consequences since the copyright holder can sue only the faculty member and not the institution since faculty violation of copyright does not create a legal liability for the institution. (From my reading Tom Lipinski's book on copyright liability for libraries.) I tried to ask this question at a Teach Act training session years ago but wasn't able to get through. Any thoughts? Bob Dr. Robert P. Holley Professor, School of Library & Information Science 106 Kresge Library Wayne State University Detroit, MI 48202 1-888-497-8754, ext 705 (phone) 313-577-7563 (fax) <mailto:aa3805@xxxxxxxxx> aa3805@xxxxxxxxx (email)
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