Activity threatens the interests of copyright owners.

Thomas: So, in other words, just because the use of a work is

educational does not mean it's necessarily fair.

Patrick: That's right.

Thomas: Hm. This may sound naive, but isn't the freedom of

access to information an important value, too? Isn't it

something like the foundation of education?

Rebecca: Yes, you have a point there. It certainly is - or

should be. Isn't it ironic that just when technology's

Advanced and information can reach more people than ever,

The use of materials for online courses is becoming more

restricted!

Patrick: Well, yes, but you can look at it another way, too. The

Aim of copyright law has always been to find a balance

between the rights of copyright owners and society's

interest in ensuring the free flow of information. That hasn't

Changed.

Rebecca: That may well be true, Patrick, but you have to see

The bigger picture. Things are changing. Important battles

Are being fought over digital copyright issues. And new

Federal statutes and judicial opinions are shifting the

Balance of power to copyright holders - at the expense of

Educators. The concept of fair use for education is ...

Patrick: Well, from a legal point of view, the debate is about ...

Rebecca: Sorry, can I just finish my point? As I was saying, the

Concept of fair use for educational purposes is slowly but

surely being narrowed by the law. And what's more, we're

Heading toward a situation where copyright owners will soon

be arguing before the courts that activities which we've

Always considered normal and customary fair use are

Copyright infringements.

Patrick: Yes, but that's only one side of the problem, Rebecca.

I think the important issue here is what the courts look at

When they determine if the use of material is fair use or

Not.

Thomas: So, does the idea of fair use still exist in the context

of distance learning?

Patrick: Yes, it does. There's a fair-use analysis, a way of

Ana lysing the use of copyrighted material. Teachers can

Apply it like a kind of test, when they want to decide

Whether the use of a work represents a copyright

Infringement or not.

Thomas: How does that work?

Patrick: You look at four factors. Let me give you an example.

Let's say you are an instructor developing an online course

And you want to use a copyrighted text. First you would ask

What is the purpose and character of the use - for example,

is it educational or commercial? Then you look at the

nature of the copyrighted work - is it factual or imaginative?

And then at the amount of the work used in relation to the

whole work - is it only a small amount? Finally, you have to

Consider the effect of the use of the material on the market

For the work. The answers to these questions tell you if the

Use of the material is fair use or not.

Rebecca: But Patrick, you have to admit that your four-factor

Analysis can lead to different results; two people can review

The same facts about a proposed use and come to different

Conclusions about its fairness. You know, it seems to me

That the real issue is how we find an objective way of

Date: 2015-12-11; view: 633