Running head: Copyright Law and Online Education

Copyright Law and Online Education

Spencer Chambers
University of Maryland University College
Copyright Laws and Online Education 1

Copyright Law and Online Education

Author Background

The article I chose to review is An Exploration of Copyright Law in Distance

Education. (Roper, 2012). Jerry Roper is a doctoral student studying Computing Technology in

Education at Nova Southeastern University in Ft. Lauderdale, Florida. (Roper, 2012). Roper had

12 years experience working in healthcare and five years in IT before he switched his interest to

education. Roper decided he could best serve his community by blending the skills he developed

to help adult learners become successful. (Roper, 2012). I will summarize some key areas Roper

saw as important issues in copyright laws as it pertains to online learning.

Origin of Copyright Law

The origin of copyright law and issues associated with fair use were established by the

British Parliament when it passed the Statute of Anne in 1709. (Roper, 2012). This law was

passed because the British government believed issues with copyright laws would be best

handled by government instead of leaving it to private parties to work out the details. (Roper,

2012). The US Congress followed Britains lead and passed its own copyright laws in the early

1700s but, didnt expand those laws to cover fair use until passing the Copyright Law of

1976. (Roper, 2012). This law took into consideration the balance that was need between those

who create work and the people who will access them. (Roper, 2012). Copyright laws initially

began with 14 year durations with an option of an additional 14-year extension. Currently,

copyright laws last until the authors death with an option to extend for an additional 70 years

with the Copyright Term Extension Act of 1998. It gave corporations the option for a 95-year

extension. (Roper, 2012).

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Issues with Copyright Laws in Online Learning

Congress had made no changes to copyright laws since 1995 a time when the internet

grew in popularity. (Roper, 2012). In 1998 congressional members created an addendum called

the Digital Millennium Copyright Ac (DMCA) because previously the clause stating no

reproduction of copyrighted material by educators and librarians left a vague interpretation of

visually perceptible materials and issues with internet piracy. (Roper, 2012). Issues with

copyrighted material as it related to online education were not addressed until 2002 with the

passes of the Technology, Education, and Copyright Harmonization Act also known and the

TEACH Act. (Roper, 2012). This act was intended to outline exactly what was considered fair

use of digitized material. (Roper,2012). However, this act did not absolve or exempt educators

and institutions of copyright infringement. (Roper, 2012). Another issue with copyright laws in

online education is deciding who can declare ownership of intellectual property. An Example is

when instructors create syllabi, lesson plans and lectures for course delivery. Does this material

belong to the educator or the institution the educator works for? The institutions educators are

employed with often justify their claims to instructor generated material by creating work- for-

hire agreements which faculty would sign upon hiring. (Roper, 2012). Also, online learning

institutions particularly those of higher learning can get into legal trouble for reproducing and

distributing copyrighted material thinking they are covered under fair use didnt get proper

permission to use the material. There are steps educators and institutions involved in online

learning can take to avoid copyright infringements and lawsuits.

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Solutions to Copyright Law Issues

Most educators would admit that misinformed or uninformed decisions around fair use

polices could lead to a disaster for the educator and the institution they work for. It is advised

that organizations in online education should always ask the originators permission before

reproducing and distributing copyrighted material. (Roper, 2012). Another solution to this

problem is institution of higher learning becoming linked to the open access community for

accessing scholarly work online. (Roper, 2012). This will protect institutions and educators from

using copyrighted material without permission. Also, it is recommended that educators register

revenue generating material as soon as possible to protect from unauthorized use and ownership

claims from institutions. (Roper, 2012). In addition, online learning institutions should create a

position in which the primary responsibility of the individual is to insure the institution follows

copyright laws and all materials being used are accessed based on permission. One way to insure

the organization if operating legally under copyright laws is to create explicit guidelines for

copyrighted material use. (Roper, 2012).

Conclusion

Dealing with copyright law is a complex issue and organizations that administer online

learning should have a good understanding of the fair use policies associated with using

copyrighted material for educational purposes. Since reading the article by Roper (2012) I have a

better understanding of the issues associated with copyright law in higher education. I have

discovered approaches organizations and educators can take to protect themselves against

copyright infringement. Educators should register their intellectual property as soon as possible

and institutions of higher learning should have a dedicated person who deals with copyright law

to ensure the material used is used based on permission. Finally, the organization should create
Copyright Laws and Online Education 4

clear guidelines as to how copyrighted material is to be used and these guidelines should be

accessible to educators, librarians, and students.

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University of Maryland. (2012). Office of legal affairs.

Retrieved from http:// www.president.umd.edu/legal

Roper, J. (2012). An exploration of copyright law in distance education. Journal of Applied

Learning Technology. 2(4), 16-20. Retrieved from
http://eds.b.ebscohost.com.ezproxy.umuc.edu/eds/pdfviewer/pdfviewer?vid=2&sid=a878
f56e-c284-449d-a13d-dba481a23e36%40sessionmgr101

University of Wisconsin. (2010). General counsel. Retrieved from http://www.uwsa.edu/gc-off