Audiovisual
works
Works consisting of a series of related images that, when shown in succession,
impart an impression of motion, together with any accompanying sounds.
Class Session
(from U.S. Senate Report)
A class session is generally that period during which a student is logged on
to the server of the institution transmitting the display or performance. It
is likely to vary with the needs of the student and with the design of the
particular course. Class session does not mean the duration of a particular
course (i.e., a semester or term), but rather is intended to describe the equivalent
of an actual single face-to-face mediated class session.
Copyrighted
Materials
Copyright is the legal authority to copy books, recordings, software, videos,
photos, and other creative products. Copyright may be owned, bought, and sold,
and copyright owners may grant or sell copying licenses to individuals or institutions.
Copyright
Notice
A notification to the user that the material used is copyrighted and protected
by U.S. copyright law.
Course
Pack
A course pack is a pre-selected collection of course readings (typically book
chapters, journal articles or reports). These readings may be reproduced and
bound together for the student to purchase
Digital
Transmission
Electronic system-based communication between devices of audio, video, data,
images or events.
Dramatic
Works
Include choreography, pantomimes, plays, treatments, and scripts prepared for
cinema, radio, and television. These works may be with or without music.
Enrolled
in the Course (from U.S. Senate Report)
This requirement is not intended to impose a general requirement of network
security. Rather, it means that recipients should be identified and the transmissions
limited to such identified authorized recipients.
Fair Use
Sections 107 & 108 of the 1976 U.S. Copyright Act where an individual can
legally copy and disseminate limited amounts of copyrighted material without
first obtaining copyright permission. There are four fair use factors (purpose,
nature, amount, and effect) that must be weighed before determining if the
item can be copied. Most items that are photocopied are done so using the fair
use portion of the copyright law.
Four Fair
Use Factors
The four factors (purpose, nature, amount, and effect) that must be weighed
together to determine if the use of a copyrighted work is fair use. The four
factors include:
(1) the purpose
and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted
work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted
work. The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made upon consideration of all the above factors.
Instructor
The individual hired by the university responsible for planning, directing,
instructing, and supervising the activities of a university course.
Interlibrary
loan services
Service provided by a library where it attempts to acquire and borrow information
resources usually books or articles from another library. Most articles are
sent as photocopies using the fair use portion of the copyright law. When an
article can’t be acquired using fair use the library will then attempt
to acquire the article through a document delivery company where royalties
are paid to the copyright holder.
Learning
Management System (LMS
Software that automates the administration of a class session. Learning Management
Systems manage the log-in of registered users, manage course catalogs, record
data from learners, facilitate communication and provide feedback and reports
to students, instructors and technology managers.
License
Agreements
Signed legal agreements that are between a database producer and the purchaser
(institution) outlining the terms of use of the database. Licenses may grant
or deny the opportunity to permit access to students located across campus
or around the world. Often the database license agreement restricts access
to the database to those affiliated (faculty and staff) with the university
and currently enrolled students.
Mediated
Instructional Activities (from U.S. Senate Report)
These activities are an integral part of the class experience, controlled by
or under the actual supervision of the instructor and analogous to the type
of performance or display that would take place in a live classroom setting.
Non-Dramatic
Literary Works
Examples of permitted performances in this category might include a poetry
or short story reading.
Non-Dramatic
Musical Works
Include all music other than opera, music videos, and musicals.
Public
domain – Items that are not covered by U.S. copyright
law and can be copied and disseminated without restrictions. This
often applies to older works where the copyright law has expired
or to most items produced by officers or employees of the U.S.
government as part of their government jobs.
Reserve
Services
Service provided by a library where print or electronic items are placed on
course reserves. Articles without copyright permission are usually copied and
placed on reserve using the fair use portion of the copyright law.
TEACH Act
The TEACH (Technology, Education and Copyright Harmonization) Act was signed
into law on November 2, 2002. It redefines the terms and conditions on
which accredited, nonprofit educational institutions may use copyright
protected materials in distance education including websites without permission
from the copyright owner and without payment of royalties.
Technological
Measures that Prevent Retention and Further Dissemination (from
House Report)
This requirement does not impose a duty to guarantee that retention and further
dissemination will never occur. Nor does it imply that there is an obligation
to monitor recipient conduct. Moreover, the 'reasonably prevent' standard should
not be construed to imply perfect efficacy in stopping retention or further
dissemination. The obligation to 'reasonably prevent' contemplates an objectively
reasonable standard regarding the ability of a technological protection measure
to achieve its purpose.
|
