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The Chronicle of Higher Education
Tuesday, October 8, 2002

Congress Eases Copyright Restrictions on Distance Education

By DAN CARNEVALE

Washington

President Bush is expected to sign a bill, passed last week, that would open the door for professors to use some copyrighted works in online courses without having to seek permission.

On Thursday, the Senate approved HR 2215, a bill authorizing spending for the Department of Justice. The bill includes a provision that would ease copyright law for online education. The House of Representatives passed the same bill the previous week.

The legislation would amend the Copyright Act of 1976 so that online-education instructors could use excerpts from recordings of dramatic literary and musical works -- such as plays, musicals, and operas -- on course Web sites without seeking permission from the copyright owners. Under current law, only nondramatic literary and musical works can be used in online courses without permission. Most copyrighted works can be used in their entirety in a traditional classroom setting without permission.

The language was originally part of S 487, a bill called the Technology Education and Copyright Harmonization Act, or TEACH Act.

Kim Kelley, associate provost for University of Maryland University College, said the change in the law will allow professors to create multimedia lessons for students using clips from various copyrighted works.

Under current law, professors are unsure whether they can use the same copyrighted works online that they can use in their traditional courses, Ms. Kelley said. And professors who ask permission often have to wait months for an answer, only to find out that using the material would cost them thousands of dollars.

The bill would somewhat level the playing field for online and traditional classrooms, Ms. Kelley said. "That's a major breakthrough," she said. "Until now, it's been a gray area, and nobody's been sure."


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Copyright © 2002 by The Chronicle of Higher Education