Thesis: Education Intellectual Property

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Education

Intellectual Property

Almost every operational aspect of a telecommunications-based educational network creates important Intellectual property issues. Many organizations do not consider copyright issues until forced to do so by litigious copyright owners; controversies frequently arise upon discovery of a lucrative aftermarket for copyrighted works. Institutions that are involved in the telecommunications distribution of educational or instructional programming will be better off by anticipating and planning for such issues rather than dealing with them on the backend (Salomon, n.d.).

Copyright law provides a general framework in which to determine the ownership of various intellectual property rights. Even though the law regarding general interest programming is relatively established, complex questions concerning copyright ownership arise when tele-courses integrate live lectures and preexisting materials. The right of ownership is further clouded when people record programs for tape delayed viewing (Salomon, n.d.). Things really get cloudy when the idea of distance learning is involved.

The TEACH Act offers clarification and expansion of privileges in regards to distance learning. This Act, when coupled with the application of fair use, makes things a lot easier for distance learning providers, faculty, and students. Highlights of the TEACH act as it applies to distance learning are as follows:

One requirement is that qualifying institutions have copyright policies in place, that they provide information and education about copyright and provide notice that materials may be protected by copyright

There must be application of reasonable technological measures that prevent distance learners from retaining copyright materials beyond class applications and prevent unauthorized distribution

Performance and display of copyrighted materials must be a regular part of the class activities and directly related to class content. Instructor are to be the ones that direct or supervise the performance or display and the use must be technologically limited to only students who are enrolled in the class (Bruwelheide, 2010).

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Education Intellectual Property.  (2010, January 27).  Retrieved August 18, 2019, from https://www.essaytown.com/subjects/paper/education-intellectual-property-almost/67469

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"Education Intellectual Property."  Essaytown.com.  January 27, 2010.  Accessed August 18, 2019.
https://www.essaytown.com/subjects/paper/education-intellectual-property-almost/67469.