Education Intellectual Property Almost Every

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). In the state of Florida community colleges are bound by state law that sets down rules in regards to copyrighting and intellectual property. Each institution must have an acceptable use policy for access to all systems including the Internet/World Wide Web.

This policy must include provisions for: protecting the confidentiality of students protecting intellectual property rights, licensing agreements and legal/ethical standards for sharing of resources with other educational entities upholding the integrity of systems, programs and information resources The duties and responsibilities to carry out this policy are placed upon institutions, IT officials, and instructors (District Technology Plans: Essential Components and E-Rate Plan Criteria, n.d.). The Florida policies do a good job in making sure that each institution has a policy in regards to intellectual property.

It deals with protecting the use rights of the systems that are being used in the course of distance learning along with student confidentiality. This is an advantage to both the institution and the individual student. What this policy does not address is how reasonable technological measures can be used to prevent distance learners from retaining copyright materials.