Scenario 1

Dr. Lucas is designing an asynchronous online undergraduate psychology course on the biology of behavior. She conducted an Internet search and came across an interactive 10-minute multimedia segment on the brain that she would like to embed into her classroom as a learning resource for students. Dr. Lucas believes she does not need to seek permission for use of the multimedia segment in this manner or cite its source because it will be used for educational purposes in her classroom, but she is not sure.

With these thoughts in mind:  What factors should Dr. Lucas consider in determining if her use of the multimedia segment complies with or violates copyright law and fair use?  What advice would you offer Dr. Lucas to aid in making her decision?

References

American Library Association. (n.d.). Distance education and the TEACH Act.Links to an external site. Retrieved June 7, 2013, from http://www.ala.org/advocacy/copyright/teachact/distanceeducation

Ko, S., & Rossen, S. (2010). Copyright, intellectual property, and open educational resources. Download Copyright, intellectual property, and open educational resources.In Teaching online: A practical guide. (3rd ed., pp. 227-244). New York, NY: Routledge.

Teaching online: A practical guide 3rd ed. by Ko, S., & Rossen, S. Copyright 2010 by Taylor & Francis Group LLC – BOOKS.  Reprinted by permission of Taylor & Francis Group LLC – BOOKS via the Copyright Clearance Center.

Rodriguez, J. E. (2011). Social media use in higher education: Key areas to consider for educators.Links to an external site.Journal of Online Learning & Teaching, 7(4). Retrieved from http://jolt.merlot.org/vol7no4/rodriguez_1211.htm

Starr, L. (2010). The educator’s guide to copyright and fair use: A five-part series.Links to an external site. Retrieved from http://www.education-world.com/a_curr/curr280.shtml

ANSWER

Factors to consider for copyright compliance and fair use

 Educational Purpose: Dr. Lucas should assess whether her use of the multimedia segment falls within the realm of educational purposes. Using copyrighted material for educational purposes can be more likely to be considered fair use.

Nature of the Work: The nature of the multimedia segment plays a role in determining fair use. If it is a factual or informational piece, it may be more likely to qualify for fair use compared to a highly creative or fictional work.

Amount Used: Dr. Lucas should consider how much of the multimedia segment she intends to use. Using only a small portion of the content is more likely to be considered fair use than using the entire segment.

Effect on the Market: It’s crucial to evaluate whether the use of the multimedia segment would negatively impact the potential market for the original work. If it could substitute for the original or cause significant harm to its market value, it might not be considered fair use.

 Permission and Licensing: Dr. Lucas should check whether the multimedia segment is available under a Creative Commons license or if the creator has explicitly granted permission for educational use.

Advice for Dr. Lucas

 Research the Multimedia Segment: Dr. Lucas should conduct thorough research to understand the copyright status of the multimedia segment. Check if the content is in the public domain, has a Creative Commons license, or explicitly allows educational use.

Seek Permission: If there is uncertainty about whether the multimedia segment qualifies for fair use or if the content’s copyright status is unclear, it’s best to seek permission from the copyright holder before using it in the course. This can help avoid any potential legal issues.

Utilize Open Educational Resources (OER): To ensure copyright compliance, Dr. Lucas may consider using resources explicitly labeled as open educational resources (OER) that are designed for educational purposes and are free from copyright restrictions.

Cite the Source: Even if the multimedia segment is used under fair use or with permission, it is good practice to provide proper attribution and cite the source. This gives credit to the original creator and helps students access the content independently.

Familiarize with TEACH Act: Review the TEACH Act, which addresses copyright issues related to distance education. While it primarily focuses on live, synchronous online teaching, it can still provide insights on copyright and fair use considerations in online education.

In conclusion, Dr. Lucas should approach the use of the multimedia segment with caution and ensure that it complies with copyright laws and fair use principles. Seeking permission and using openly licensed resources will help her provide valuable educational content to her students while respecting the rights of content creators.