Legal and Recent Copyright Issues

Authored by: Tomas A. Lipinski

Handbook of Distance Education

Print publication date:  December  2012
Online publication date:  May  2013

Print ISBN: 9780415897648
eBook ISBN: 9780203803738
Adobe ISBN: 9781136635571

10.4324/9780203803738.ch34

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Abstract

Four topics within the copyright law should be of concern to the distance educator and student. First, ownership issues regarding content created by educators and students can complicate delivery of that content into the distance learning space. Once ownership issues are resolved or at least accommodated, a second step is for all participants to understand and, where possible, to position themselves and their institution to use the rules regarding damage remission to their advantage. The ability to qualify for such remission may make some individuals and institutions unattractive defendants. Third, familiarity with the specific provisions of the copyright law related to distance education may lead to the conclusion that the benefit of such provisions are not worth the cost of fulfilling the conditions or obligations upon which use of the provisions is predicated. Finally, and as a result of this reality, educators and students may turn increasingly to fair use to support their distance education activities. This chapter proceeds to update (from the discussion of the topic in the previous edition of the handbook, Lipinski, 2007, and to a lesser extent Lipinski, 2003) and review these topics.

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