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Distance Education and Copyright at Indiana University:
Suggested Standards for Practice and Procedure
Important Note:
This document is DRAFT only and is circulated for discussion and comment.
It is not legal advice, and it does not reflect the legal position of
IU, IUPUI, or any other person or entity.
A Project of the
IUPUI Copyright Management Center
Kenneth D. Crews, Associate Dean of the Faculties for Copyright Management
David Wong, Senior Copyright Analyst
Indiana University-Purdue University Indianapolis
530 West New York Street
Indianapolis, Indiana 46202-3225
Voice: 317-274-4400 Fax: 317-278-3326
http://www.copyright.iupui.edu
Draft: September 16, 2003
Consistent with Paragraph 2 of the Policy
on Fair Use of Copyrighted Works
for Education and Research, dated December 5, 1997, the Copyright
Management Center suggests to any unit of Indiana University engaged
in distance education that it address the proper and lawful use of
copyrighted works as follows:
o All members of the Indiana University community must demonstrate appropriate respect for rights of authors and creators of intellectual property.
o All members of the Indiana University community must adhere to the law of copyright, including the law that grants rights to owners and that allows certain rights of use for distance education and other purposes.
o All faculty, staff, and others at Indiana University engaged in distance education should consider applying section 110(2) of the Copyright Act (the TEACH Act) to the fullest extent possible, bearing in mind technological issues, criteria for qualifying works, and access restrictions.
o All faculty, staff, and others at Indiana University engaged in distance education should consider applying the law of fair use where appropriate, in addition to applying the TEACH Act.
o For uses that fall outside the scope of the TEACH Act and the law of fair use, faculty, staff, and others should consider securing permission or altering delivery plans to comply with the law of copyright.
For more information about the details and substantive requirements
of the TEACH Act and fair use, visit: www.copyright.iupui.edu/dist_learning.htm
The Copyright Management Center is not part of University Counsel and is not legal counsel to the university or to any members of the university community. A mission of the CMC is to provide information and education services to help members of the community better address their needs. The information received from the CMC is not legal advice. Individuals and organizations should consult their own attorneys.
Copyright © 2002-2006 Indiana University