Distance Education cont'd
Works explicitly excluded and that may NOT be used:
- Works that are marketed "primarily for performance or display as part of mediated instructional activities transmitted via digital networks"
- Performance or displays given by means of copies "not lawfully made and acquired" under the U.S. Copyright Act, if the educational institution "knew or had reason to believe" that they were not lawfully made and acquired.
Instructor Oversight Requirements:
- The performance or display "is made by, at the direction of, or under the actual supervision of an instructor."
- The materials are transmitted "as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities" of the Graduate Center.
- The copyrighted materials are "directly related and of material assistance to the teaching content of the transmission."
Other requirements:
- Transmission of content must be made "solely for . . .students officially enrolled in the course for which the transmission is made."
- Transmission must be over a secure server.
- Transmissions may be copied and temporarily retained in a secure location for access by registered students only. Even registered students, however, should not be able to access the data "for longer than the class session."
- Copying and storage is allowed that is incidental or necessary to the technical aspects of digital transmission systems.
- Analog works may bit digitized only if the work is not already available in digital form.
- Transmitted commercially produced multimedia must adhere to the terms of existing licensing agreements for materials acquired specifically for distance learning.
Permission is required under the following circumstances:
- Commercial uses (course for-profit entity) Portions of dramatic performances (musical or textual) and audiovisual works (motion pictures, videotapes, screen displays from computer programs) considered in excess of fair use
- Uncontrolled access to classes
- Use beyond period of "class session"
Distance Education Checklist
