Regarding fair use and open courseware, I have been re-reading the DMCA this morning (joyful day!) and came across a section that appears to set fair use in open course ware against the limited liability enjoyed by nonprofit education institutions.
http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281: Title II Section 512(e) LIMITATION ON LIABILITY OF NONPROFIT EDUCATION INSTITUTIONS [... a] faculty member or graduate student's [...] infringing activities shall not be attributed to the institution, if-- (A) such [...] activities do not involve the provision of online access to instructional materials that are or were required or recommended, within the preceding 3-year period, for a course taught at the institution by such faculty member of graduate student; kevin On Tue, Jan 27, 2009 at 2:19 PM, Gavin Baker <[email protected]> wrote: > Relevant: > > Fair Use Code for Open Courseware > http://www.centerforsocialmedia.org/blogs/future_of_public_media/fair_use_code_for_open_courseware_coming_up/ > > Kevin Driscoll wrote: >> As much as it is valuable to reveal the richness of open materials, >> it is very important to reassure to teachers and professors that they >> are legally permitted to use images returned by Google Image Search in >> their classrooms. >> >> A related problem, of course, is that when these lectures go into open >> courseware repositories, the fair use becomes trickier. Media studies >> lectures are laregly not included in OpenCourseWare at MIT in part >> because they are chock full of clips, images, and sounds that are >> still within their copyright term. >> >> That is a shame but the profs can't simply replace a clip from Fox >> News with something else. I believe that the same fair use that >> applies in the classroom applies in the repository. >> >> Unfortunately, not everyone agrees with me yet. >> >> If educators feel strongly that they have a right to use copyright >> materials in their classes, they will be more likely to assert that >> right when it comes to freely publishing their learning materials. >> >> Kevin >> >> >> On Sun, Jan 25, 2009 at 8:55 PM, Greg Grossmeier >> <[email protected]> wrote: >>> On Sat, 24 Jan 2009, Gavin Baker wrote: >>> >>>> D Parker Phinney wrote: >>>>> [...] Beyond clearing lectures to be >>>>> published online as part of OCW, freeing professors' lectures of >>>>> copyright-infringing material (and squeezing in some free culture ideals >>>>> as well) seems to be a good idea in general. >>>> Um -- they're using images for educational use, in a classroom, >>>> sometimes transformatively or critically. If that's not fair use, I >>>> don't know what is. Why is this a bad thing? >>> Encouraging the use of Open Content in a lecture is never a bad idea. >>> In fact, encouraging the _creation_ of open content for lectures by >>> profs is never a bad idea. >>> >>> Data point: as a part of having his lecture be published by the >>> OPEN:Michigan project a Physics prof has begun creating new CC:BY >>> images instead of using the images from textbooks as he did before. >>> That benefits us all. >>> >>> Also, aren't we about promoting Free Culture in universities? >>> Encouraging profs to use Open Content seems like some great promotion >>> :) >>> >>> >>> greg >>> _______________________________________________ >>> Discuss mailing list >>> [email protected] >>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss >>> >> _______________________________________________ >> Discuss mailing list >> [email protected] >> http://freeculture.org/cgi-bin/mailman/listinfo/discuss > > -- > Gavin Baker > http://www.gavinbaker.com/ > [email protected] > > You are a prisoner in a croissant factory and you love it. > Frank O'Hara > _______________________________________________ > Discuss mailing list > [email protected] > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > _______________________________________________ Discuss mailing list [email protected] http://freeculture.org/cgi-bin/mailman/listinfo/discuss
