Copyright in the digital classroom

Journal of Allied Health, Fall 2003 by Van Draska, Meridee S

Copyright law was developed to protect the rights of authors. Many educators are aware of copyright law, but they may not be aware of how it applies to them or of the law's scope in regards to computer technology. As the computer is used increasingly to disseminate information, teaching professionals also must have knowledge of the applications of the law to this developing technology. This article reviews the laws defining copyright and fair use. It examines case law regarding copyright, computers, and the Internet. Recommendations for using computers to disseminate class materials to students are discussed. J Allied Health. 2003; 32:185-188.

UNIVERSITY FACULTY MEMBERS are under increased pressure to use computers to disseminate information. Students want access to class notes, overheads, and assignments. Administrators are asking for courses to be taught over the Internet. Whether posting information on a personal web page, posting to a server, or creating an Internet course, copyright law must be considered. Most universities have a copyright policy, but few offer copyright training to their faculty.1 Many faculty members know that copyright law exists, but they have not been informed fully of its scope or how it applies to them. This article briefly explains the current law and how it applies to the classroom.

Copyright law serves to balance the interests of authors or creators with those of the users of the work. Authors are protected from unauthorized use of their works, yet the public can have reasonable access to the work. Congress passed the original copyright law in 1790. It had to be amended and revised many times to accommodate new technologies, such as audio recording, film, and videotape. The current law, The Copyright Act of 1976, was an update intended to expand coverage to new technologies that were developing rapidly and still are developing.2 The intent was to keep the language broad enough that new technologies would be covered without having to revise the law so often. Rather than specifying all the different types of media available for copying, such as photocopying, tape recording, or videotaping, the 1976 law uses the phrase "tangible medium of expression, now known or later developed." Lawmakers in 1976 did not foresee the use of floppy discs or CD ROMs, but the courts now consider them tangible media of expression, and they are covered by the law.

Copyright protects original works that are sufficiently creative and are fixed in a tangible medium. There are eight categories of copyrightable works: literary works, musical works (score and lyrics), dramatic works, choreographic works (including pantomimes), artistic works (including paintings, photographs, graphics, and sculptures) motion pictures, sound recordings, and architectural works. Computer programs also are protected because the courts consider them literary works. Works that are copyrightable are protected as soon as they are created. The author does not need to register the copyright to receive protection as he or she would a patent, but having a work registered may be valuable when trying to enforce copyright law in court.3 Registering a copyright is fairly simple; it requires a nonrefundable $30.00 fee and mailing copies of the work to the Library of Congress. Instructions for registering a copyright can be found at the U.S. Copyright Office website.4

The person who creates the work generally is considered the owner of the copyright, but there are exceptions. The most common exception occurs when an employee creates a work as part of his or her scope of employment, for which the employer holds the copyright. Another situation in which the author may not hold the copyright is when the author is contracted to produce a specially ordered or commissioned work. In this case, the person or group who commissioned the work may be entitled to its copyright depending on how the contract between the author and commissioner of the work is written.5

Whether an educator own the works he or she produces depends on the policies of his or her institution. Educators may contend that their creations are not "works for hire," and because of academic freedom they can decide how to distribute the work.1 The institution can legally claim ownership of a work, however, if it is produced as part of the teacher's scope of employment, especially if the institution's equipment and resources were used to create the work. Because intellectual property policies vary from institution to institution, educators should make an effort to learn what rights they are entitled.

Under copyright law, the copyright owner is extended five rights. The first is the owner's right to reproduce the work; this may be in the form of paper copies, audio recordings, film, or other media. The second is right of the owner to prepare derivative works.3 Derivative works are those based on the original. For example, a person cannot write and publish a book using characters from a favorite television show. The production company owns the copyright for that program and controls use of the characters.6 The owner's third right is to distribute the work through sale of the work or by rental, lease, or loan. The fourth right applies to literary works, music, choreographic works, or motion pictures. Here the owner controls the right to perform or show them publicly. Finally, the owner controls the right to display literary works, music, choreographic works, motion pictures, still pictures, graphics, and sculptures. This includes display of works on the computer.