Wednesday, June 2, 1999

Copyright Office Releases Recommendations for On-Line Distance Education By KELLY McCOLLUM Distance-education experts think the Digital Millennium Copyright Act still needs a little work, according to a report released last week by the United States Copyright Office. Legislation is needed to make it clear that the doctrine of fair use applies to on-line teaching, says a new report by the Copyright Office. The report, which looks at how recent copyright reforms will affect materials used in on-line distance education, makes several recommendations concerning the new copyright act. The act was passed last October to bring the United States into compliance with two international treaties that guarantee copyright protection for information in electronic formats. The law is intended to prevent piracy as more and more copyrighted materials are put into digital formats. But some scholars saw the changes it introduced as threatening educators' ability to use copyrighted materials in on-line classrooms under existing fair-use exemptions. Educators have traditionally been protected by the exemptions, which have allowed teachers and professors to use materials such as book excerpts, audio recordings, and motion pictures in the classroom. When the act was passed, legislators responded to the concerns by requiring that the Copyright Office undertake a study to make sure the interests of both educators and copyright holders were served. Among the report's conclusions: Lawmakers should clarify laws to minimize the distinction between traditional and on-line classrooms. The report also said that any legislation should make it clear that the doctrine of fair use applies to on-line teaching. Educators who want to use materials on line under the fair-use exemption should try to prevent piracy. For example, professors could require students to use a password to reach the materials, and could educate students about copyright laws. The professors could also remove the materials from computers and servers as soon as those materials are no longer needed for teaching. Classroom exemptions should continue to be extended only to non-profit institutions, as they have been in the past. Some lawmakers had argued that the restriction should be dropped, or further limited to accredited institutions. In compiling its report, the Copyright Office consulted distance educators, librarians, and representatives of copyright holders in industries such as publishing and motion pictures. Background stories from The Chronicle: Copyright Measures Advance in Congress (10/16/98) Academic Groups Say Copyright Legislation in Congress Would Impede Scholarship (5/29/98)