Hello, I am wondering if there are some good resources that already frame the issue a bit here in the States and could be expanded. I would guess, that in many countries, even without a formal “Fair Use” or “Fair Dealing” doctrine, published content is used in the class as a norm, perhaps with national governments being silent on the issue. I just came across a resource titled The Teach act Finally Becomes Law 1, which outlines the Teach Act and points to some of the differences between how traditional classroom based education and distance learning is treated relative to Fair Use & the Teach Act
The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching. But there is still a considerable gap between what the statute authorizes for face-to-face teaching and for distance education. For example, as indicated above, an educator may show or perform any work related to the curriculum, regardless of the medium, face to face in the classroom - still images, music of every kind, even movies. There are no limits and no permission required. Under 110(2), however, even as revised and expanded, the same educator would have to pare down some of those materials to show them to distant students. The audiovisual works and dramatic musical works may only be shown as clips – “reasonable and limited portions,” the Act says. (http://www.utsystem.edu/OGC/intellectualProperty/teachact.htm)
The resource ends with a short checklist that helps an individual or institution understand if they are already using the Teach Act. I am wondering if this type of approach, reformatted as a questionnaire, could be used to get a sense of how “Fair Use/Fair Dealing/etc.” is being practice d in the US and outside. If so, how might that contribute to a process resulting a “Community Standards” document/resource?
Cheers, Ken
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