Distance Learning: The Clash of Law and Technology
By Steven A. Armatas
For years, educators have grappled with applying the murky doctrine of “fair use” to their lesson plans in order to avoid copyright
infringement liability. The advent of digital distance learning has only made such application more difficult. Here are some reasons why:
- Digital technology has made it easier to duplicate and distribute copyrighted works. As such, copyright owners have been reticent to license
their works to colleges and universities for fear of the havoc students may cause by facilitating the worldwide, unauthorized dissemination of their materials. Advances in
technology and a better understanding of licensing procedures have alleviated this problem to some extent.
- Using the Internet as the primary medium of distance education also carries with it legal risk. For years, Internet service providers, including
colleges and universities, faced the prospect of being held vicariously or contributorily liable for the copyright piracy and associated legal misconduct of their
subscribers or students. Recent federal legislation has lessened such exposure to providers in exchange for mandating cooperation with copyright owners and/or their agents
who wish to identify and prosecute infringers.
- For almost twenty-five years, copyright law placed severe constraints on the types of works that educators could perform or display in their
electronic courses, and on where such courses could be transmitted. New federal statutes have eased such restrictions but in turn have imposed greater legal and
technological burdens on educational institutions and their faculty.
Many educators question the need to have an understanding of copyright law. However, while the prospect of legal action against educators for
copyright infringement is currently remote, the threat is real and growing. This growing risk of litigation, coupled with the prospect of disproportionate damages and
substantial legal fees, should be a warning bell to every educational institution or school system that copyright law education and compliance should be an important
component of its agenda.
Sponsoring Entity:
Section of Intellectual Proprty Law
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