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Compliancy Status
The information below shows the areas of responsibility relating to the Teach Act which LBCC must achieve to meet compliancy requirements.
| Institutional Area | |
|---|---|
| REQUIREMENT | STATUS |
| 1. Educational institution must be nonprofit and accredited | LBCC is a non profit and accredited institution |
| 2. Must have a policy on the use of copyrighted materials | We have a Board and Policy statement on Copyright |
| 3. It must provide accurate information to faculty, staff, and students about copyright | We have workshops, develop handouts, online tutorials, and improved the college web site |
| Technological | |
| REQUIREMENT | STATUS |
| 1. The distribution system will not interfere with technological controls within the materials used | That is the responsibility of the Media Developers to make certain there is no conflict |
| 2. The technology used will set reasonable limits on the student's ability to retain or further distribute the materials | This may not be technically possible to control. A notice from the instructor may have to suffice as a "control". |
| 3. The materials will only be available to students for a period of time that is relevant within the context of a class session | Instructors will have to post "fair use" materials which are "spontaneous" in nature for limited (relevant) time periods. They have technical ability and responsibility to add and remove these materials |
| Instructor and Staff Area | |
| REQUIREMENT | STATUS |
| 1. Only registered students will have access to the materials | Since almost all Online and Instructional Television Courses are centrally distributed through technology, their content and instruction resources can be controlled and reviewed. Most media materials used in classes are centrally purchased and distributed. We were already very close to the new law in our departmental copyright practices. If anything, we have been more restrictive than under the new law. |
| 2. The materials provided will be under instructor direction during the relevant lesson | Compliance of the new law in classrooms will always be problematic. In those areas instructors create their own web sites and often have online components built into their class. Those activities are loosely monitored and enforced. As instructors and staff become more 'digitally skilled' for producing high level media materials, less is known about the legality of these activities. |
| 3. The materials will be directly related to the instructor's course content | This is probably the heart of all future compliance problems. Most activities are not clearly right or wrong and poor planning and need seems to rule decision making. This section is also the most confusing to interpret and apply policy decisions on a daily basis. |
| 4. The instructor's class is a part of the regular offerings of LBCC | That is a requirement if the class is supported by the technical staff. |
| 5. The materials will include a notice that they are protected by copyright | |
| 6. Materials will be stored on a secure server and will only be transmitted as permitted by Teach Act | |
| 7. No copies will be made of the materials other than the ones needed to make the transmission |
|
| 8. The materials are of the proper type and amount the law requires: a. Entire performances of nondramatic literary and musical works. b. Reasonable and limited parts of dramatic literary, musical, or AV works c. Displays of other works, such as images, in amounts similar to typical displays used in face-to-face teaching |
| 9. The materials are not among those the law specifically excludes: a. Materials specifically marketed for classroom use for digital distance education b. Copies that are known or should be known to be illegal. c. Textbooks, course-packs, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or classroom sessions |
| 10. If an instructor is using an analog original they should verify before copying it in digital form that: a. Only the amount copied is what is authorized to be transmitted b. There is no digital copy of the work available, except with technological protections, that prevent using it for the class in the way authorized by statute |