Create 3.1.2

• How does an understanding of Fair Use affect one’s role as an online instructor?

There are laws that protect copyrighted material and determines how and when the public can use the material.  As listed in the TOOL quest, there are four factors that should be considered to determine if a particular use of any creative work is fair.

1. The purpose and character of the use
2. The nature of the work
3. The amount of substantiality of the portion used in relation to the work as a whole
4. The effect of the use on the market or potential market for the original work

Online teachers are required to be informed and abide by these laws.  We must consider these factors as we prepare our lessons in our classrooms.

• How do Fair Use and the TEACH Act correlate to the delivery of reliable content?

The TEACH Act was derived from the Fair Use and applies specifically to educators.  The law was amended in 2002 to extend the use of copyrighted material to the online non-profit educational environment.  There are 5 factors to consider, as listed in the TOOL quest.

1. The institution must be an accredited, non-profit educational institution.
2. The use must be part of mediated instructional activities.
3. The use must be limited to a specific number of students enrolled in a specific class.
4. The use must either be for ‘live’ or asynchronous class sessions.
5. The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses.

As we determine what material to use within our courses, we must make sure that the material is related to the specific content and that it is only shared with the students within our course.  Copies may not be retained once the course has ended.

*This post is the collaboration work between Alice Johnson, Heather McCormick and Cameron Wood.