Copyrights and eLearning
eLearning is the buzzword today when it comes to education technology. Even if there are schools out there that have decided not to pursue eLearning endeavors currently, most have at least considered it and weighted the pros and cons involved. Moreover, as technology continues to expand our horizons, districts will come to terms with the reality that eLearning will become an integrated part of students’ education opportunities. eLearning removes the walls of the classroom and opens up many new educational possibilities. Many schools have recognized this and have implemented eLearning programs. While eLearning does bring new possibilities, it also brings with it new responsibilities. The Internet is full of thousands of websites that routinely commit copyright infringement. Unfortunately, eLearning websites are no exception.
Do Copyrights apply to Teachers?
Many people out there believe that if something is being used by a teacher for educational purposes, copyright no longer applies. They believe that education falls under that holy grail of “fair use.” However, this is not the case. Fair use requires just that, fair use. It is by no means a blank check. Fair use grants teachers many rights, but it also imposes many restrictions. It is very important that all teachers are aware of these restrictions. When copyrights are neglected, teachers open themselves, and their schools, to lawsuits from the copyright owners.
While copyrights have always been an issue for teachers, even in the classroom, eLearning has led to a whole host of new problems. Teachers download files off of websites, include eBooks, copies of speeches, etc. without ever realizing that they may be breaking the law. In many cases, these are examples of copyright infringement. If you’ve made it this far, it may seem like every teacher is going to break copyright laws. How then, can teachers provide eLearning content while at the same time respecting the law?
TEACH Your Teachers
In 2002, Congress responded to the growing problem of eLearning and copyrights by passing the TEACH Act (Technology, Education, and Copyright Harmonization Act).This law was designed to address some of the issues that had been raised when schools decided to enter the eLearning game. Like any piece of legislation, however, the TEACH Act is complex and contains many requirements. Because of the complexity of copyright law, the TEACH Act requires teachers to be properly trained on copyright law in order to be protected by the TEACH Act. While it is only possible to scratch the surface in this article, let’s take a look at three real world scenarios and see how the TEACH Act might apply.
“One of the benefits of the Internet is that that my school gave me a website where I can put files for my class. But, best of all, when I put information online, not only can my students access it, anyone around the world can!”
While it may sound like a great idea, when you are using copyrighted material, you would be breaking the law. The TEACH Act requires that teachers limit access to only those students enrolled in the class. Therefore, when teachers place information on a website, there must be certain safeguards, such as usernames and passwords, used to prevent everyone else from accessing it. Look at it this way; let’s say you put a copy of a worksheet on your class website. When your students are accessing it, you are fine, but think of what happens once you make it public. Normally, people would have to purchase the worksheet for their classes. However, regardless of intent, you’ve just made it freely available to everyone. This could mean that the author loses a lot of money. Because of this, the TEACH Act requires that you limit access to only those students enrolled in your class.
“Since I’m covered by the TEACH Act, I do not need to worry about including a copyright notice when I use other people’s materials”
Whenever you use copyrighted materials, regardless of whether or not the TEACH Act applies, you must include a copyright notice. The TEACH Act gives you permission to use the work, it does not make you the owner. Even though you may know the work is covered under a copyright, when you put it up on your website, you need to make sure your students realize it is a protected work so that they realize they cannot reproduce it.
“The beauty of the Internet is that I can upload my lessons, and leave them there for a few years. I don’t have to waste time reproducing the same files each year like I must do with photocopies.”
The Internet is a time saver indeed, but when it comes to the TEACH Act, you cannot simply upload your files and then forget about them. After your class ends (i.e. the end of the semester, the end of the school year, etc.) you must prevent students from accessing the files. Depending on your school’s system, you may be able to keep the files on the server, but you must ensure that students are no longer able to access them.
Conclusion: Training is a necessity
As you can see from these three brief examples, the TEACH Act isn’t a quick-fix. It is not, nor was it meant to be, a blank check for teachers to use the Internet in their lessons. The TEACH Act is a complex piece of legislation that requires proper training to understand it. In fact, the law demands that all teachers undergo a training session if they wish to be protected by the TEACH Act. Through proper training, teachers will be able to understand the TEACH Act, fair use, and other topics related to copyright law so that all teaching, be it in the classroom, or on the Internet, is done legally.
Legal disclaimer: This article contains “legal information” not “legal advice.” This article provides general legal information that is not guaranteed to apply to your specific legal situation. You should always consult an attorney whenever you have questions about your specific situation.