--- Forwarded Message from Judy Shoaf <[log in to unmask]> ---

>Date: Fri, 30 Jan 2004 16:42:31 -0500
>From: Judy Shoaf <[log in to unmask]>
>User-Agent: Mozilla/5.0 (Windows; U; WinNT4.0; en-US; rv:1.3) Gecko/20030312
>To: Language Learning and Technology International Information Forum    <[log in to unmask]>
>Subject: Re: #7393 Downloading audio from the Internet and copyright
>References: <[log in to unmask]>
>In-Reply-To: <[log in to unmask]>

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Hi! I am going to try to answer these queries but I will be interested 
in other answers. I have undertaken to be the offical IALLT 
intellectual-property person, so I am trying to keep up with the 
changing laws.

Irene Starr's excellent guidelines about fair use (predating the Digital 
Millenium and TEACH acts) are still up at
http://www.umass.edu/langctr/fu.html
and answer some of the questions below.
Also very useful is the ALA analysis of the TEACH act:
http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939

> --- Forwarded Message from k_yang <[log in to unmask]> ---

> 1) where to download matters?

The format in which it is saved doesn't matter as much as how long it is 
available to students. The best use would be to download it, use it, and 
then delete it (remove it from where students can get at it, though you 
can save it for another use). You'd do this anyway with test materials.

> 2) purpose matters?

"Face to face teaching" (or the digital equivalent) is the situation for 
"fair use." Nothing is said about general exams.

> 3) editing out and getting a portion matters?

Using a small portion, a small percentage of the original work, is one 
of the "fair use guidelines." The higher the proportion, the farther you 
are departing from the guidelines.

NB you should include copyright information identifying the source to 
the students.

> 4) is using the shareware illegal?
> because it allows one to download files which are not downloadble with
> usual web browsers?

Yes, it is illegal. Any time you are trying to hack the protections set 
up on the originals you are up against  the law.

 From the ALA site on the TEACH act:
3. Interference with technological measures. If the content transmitted 
through "digital transmissions" includes restrictive codes or other 
embedded "management systems" to regulate storage or dissemination of 
the works, the institution may not "engage in conduct that could 
reasonably be expected to interfere with [such] technological measures."

> 5) how can we use audio materials from the Internet?
(1) linking to the internet, as you say
(2) using materials that are less technologicaly protected
(3) asking for permission or purchasing legal copies of materials you 
might use a lot.

Judy Shoaf
Leanguage Learning Center
University of Florida