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Date: | Mon, 2 Feb 2004 16:08:05 EST |
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--- 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
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