"If it feels like stealing, it is stealing." That's how Rich Wolfson of Curriculum and Teaching described what he called the "The Wolfson Principle," or, the best rule of thumb when considering copyrighted material.

Wolfson participated in a brown bag discussion Feb. 26, a follow-up to a PBS videoconference presentation on the topic of copyright issues online, part of an ongoing series of seminars to help inform faculty.

"With increasing numbers of online courses or hybrid courses being offered, it has become apparent that we need to ensure that faculty understand their rights and responsibilities regarding access and use of copyrighted resources and materials on the Web," said Judy Minier, associate vice president for Academic Affairs for Curriculum and Instruction. "Besides doing the responsible thing by informing faculty, there is a legal requirement of the TEACH Act that states that we must show good faith effort to inform the campus about the law." According to the statute, which was passed in 2002, institutions must establish policies regarding copyright and provide informational materials to faculty, students and staff.

Ronald Sharps, assistant dean of the School for the Arts, talks about online copyrighted material.

Jack Baldwin LeClair of Legal Studies agreed that the campus community needs to be educated on this issue. "In the digital world we live in, it's becoming more and more difficult to figure out what we can and cannot do," he said. However, he continued, the TEACH Act and the Fair Use doctrine, which sets forth four general factors to be considered when evaluating whether a proposed use of a copyrighted work is a fair use and does not require permission, provide is a level of protection as long as faculty are aware of and adhering to the guidelines.

According to Luis Rodriguez of Library Services, faculty members are becoming more aware of how they use materials. "It's hard to ignore it as an issue. It affects us not only as educators, but as consumers."

A campus-wide effort to ensure that everyone is up to speed on the law is necessary, Minier said. "I think that since this is a relatively new and continually evolving field, faculty are not yet informed as to the implications of 'fair use' of copyrighted online materials," she said. "With regard to traditional, face-to-face courses, faculty members have become familiar with what can be copied, reproduced and used. We have done a reasonably good job of helping faculty to understand paper copyright issues; now we are helping them understand what needs to happen with online copyright decisions."

Baldwin offered this advice: "If you can’t find the author and you can’t find the publisher, you can use the material. You can’t spend your life looking for this stuff." However, he suggested "use no more than a single chapter from a book, or a single article from a journal or a couple of charts. And when you can, always include a copyright notice or citation notice. Clearly, that indicates you acted in good faith and for educational purposes."

But with new technology developing and distance learning growing, the campus will need to further address how faculty provide online materials to their students. "We will keep our options open regarding ways to inform faculty about copyright online issues. Given the increasing interest among faculty on campus to use Blackboard as an instructional tool, it might make sense to add a component to Information Technology (IT) course offerings that deals with copyright considerations," said Minier. "The trainers and instructional staff who work with Peter Campbell of IT are always amenable to offering programs and brown bag sessions that help faculty make effective use of instructional technology."

John O’Brien of Academic and Instructional Technology said educating faculty and students is critical. "IT is taking a leadership role in providing access to these important satellite broadcasts, such as the PBS conference, and working with the Provost's Office and the entire campus community in order to inform everyone about this."

Minier said Montclair State will continue to take an active role. "We plan to take advantage of opportunities to keep the issue in the public eye, through brown bag lunches, through optional information sessions carried out by IT or Sprague Library and through posting of information in key campus locations," she said. "The TEACH Act also affects student responsibilities, so we will continue to educate the campus through a variety of formats, eventually adding information to the Faculty and Student Handbooks."

The PBS program, "Copyright Issues Online," is available on videotape at Sprague Library. It provides an introduction and overview of the TEACH Act and "fair use" principles, and offers responses to several case studies and questions from listeners around the country. Several faculty members are familiar with the laws and can assist others, Minier said. "I feel fortunate that we have several experts on campus. These individuals are excellent resources as we continue to expand our repertoire of hybrid courses and at the same time, to comply with the law on online copyright concerns."

The next videoconference in the series, a seminar on plagiarism, is scheduled for April 3 in College Hall, Room 310. A brown bag discussion will follow on April 9 at noon in Dickson Hall, Room 178.

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