Apparently, the time is ripe for a broader discussion about the use of 3rd party copyrighted material within an online educational setting, such as electronic reserves (including all types of works in addition to text) and streaming entire videos within a course management system. Yesterday I commented on an Inside Higher Ed article that reported a complaint by AIME against UCLA concerning the university's practice of streaming entire copyrighted videos within access-protected course web sites. That initial article "Hitting Pause on Classroom Videos" (see previous post) struck a real nerve within the higher education community and generated lots of comments, both there and on other blogs.
In fact, a follow-up article, "Who's Right On Video Copyright?" [http://www.insidehighered.com/news/2010/02/04/copyrightredux] was posted today and is sure to keep the issue front and center. Between this controversy and the ongoing lawsuit against Georgia State University concerning their electronic reserves, the awareness of copyright's intimate connection and relevance to how higher education uses technology to teach ought to become painfully clear to academic affairs administrators and the culture they foster on their campuses.
As you read this article and the intensity of the opinions and comments both quoted in it and in response to the initial article, keep in mind a couple of things as you form your own opinion:
1. Whether it is accurate or not, the end of this 2/4/10 article suggests that the practice being challenged is probably not widespread: perhaps 14% or less of institutions. What does it mean that such an infrequent activity (maybe it isn't so infrequent?) triggers such - dare I say it - emotional responses? Is it 'just' another example of the fault line that exists between the academic model of sharing, even giving away, their works and the commercial information market that cannot exist without income in exchange for access?
2. Are you going to accept/believe everything you read as an accurate representation of copyright law and the facts simply because it is written and/or stated very firmly? For example, the most recent article refers to the "fair use" provision of the Digital Millennium Copyright Act (DMCA) and then links to Section 107 of the copyright act. [I would expect many of you on this blog to find an number of questionably accurate statements in both articles]. If any hay is to be made of such sudden interest in copyright law, do you think we might benefit from a move towards more accuracy in restating the relevant copyright provisions and perhaps more established ways of changing ineffective or outdated laws than just ignoring them?
3. Do you think expecting faculty members to exhibit a thorough and nimble understanding of copyright and its opportunities is realistic or likely to succeed? Faculty members undoubtedly possess the requisite mental ability to absorb and apply copyright law, but, with a few exceptions, is simply is not how they want to spend their time. They want to use certain material for their classes and they expect to be covered by an "educational use" umbrella that is truly waterproof. I don't blame them one bit - but what does that mean for our current strategies for campus copyright education? Do they want the nuances or do they want bright lines?
These articles certainly provide us with plenty to think about as we consider all the other activities occurring on our campuses that are implicated. Technology moves fast; the law does not. As new projects and ways of delivering information online are developed, the cart is usually way behind the horse. That is, wonderful, imaginative, time-intensive technology vessels and delivery mechanisms are developed before the copyright implications of the anticipated content are even examined. Vessels without content don't look good. It does not follow that because technology permits something, that the law also does.
Thanks, Peggy
