Copyright Issues for Course Writers

1. COOLSchool Original Material
   This is material created by Teacher for the COOLSchool Course. COOLSchool owns the copyright to this material, but Teacher has right to use the material in ways that do not compete with COOLSchool's use for distance education classes.
   
   
2. Teacher Original Material
   This is material that was created by Teacher prior to entering into the contract with COOLSchool. The Teacher owns the copyright to this material. Teacher grants COOLSchool a non-exclusive, royalty free license to use the material in the Course.
   
   
3. Public Domain Material (see also Public Domain Media for Internet sites)
   Public Domain material falls into one of three categories:
   
   

   a.	Created by the government (does not apply to material created with federal funding).
   b.	Placed in public domain by copyright owner.
   c.	Copyright has expired.

   
   The following is information about when a work enters the public domain:
   
   

   i.	Published before 1923. In the public domain.
   ii.	Published from 1923 to 1963. Copyright term starts from time the work was published with a copyright notice. The copyright term was 28 years for first term, with ability to renew for 47 years, which was recently extended for 20 more years (total 67 years). If the copyright was not renewed, the work is in the public domain.
   iii.	Published from 1964 to 1977. Copyright term starts from time the work was published with a copyright notice. The copyright term was 28 years for first term. Now there is an automatic extension for 67 years.
   iv.	Created before 1978 but not published or published after 1978. The copyright term starts 1978 and extends for the creator's life plus 70 years or 12/31/2002, whichever is greater.
   v.	Created after 1978. The term starts when created and extends for life of the creator plus 70 years, or if created by a corporation, the shorter of 95 years from publication or 120 years from creation.

   
   
4. Orphan Material
   Orphan material is material for which the copyright status and/or owner is unknown. COOLSchool will need to analyze the information known about the material and the importance of the material to the Course to make a determination about whether or not to include the material. Teacher should provide all information necessary to make this determination.
   
   
5. Permission Granted for Use in COOLSchool Course
   There are two ways in which permission could occur.
   
   

   a.	Permission for use is provided on material itself. For example, the material may contain a notice that states that reproduction for nonprofit, educational use is permitted. A copy of this notice must be supplied to COOLSchool.
   b.	Specific permission is obtained from copyright owner for use in the COOLSchool Course. Teacher will use the copyright permission form provided by COOLSchool.

   
   
6. Fair Use
   There is no fair use exemption for materials included in a distance education class if the inclusion of those materials is similar in function to inclusion of material in a course packet -- a selection of readings provided by the instructor. The fair use guidelines do not cover this situation because the inclusion lacks the element of spontaneity. Permission must be obtained to incorporate materials in such a manner. Some materials created by others may be included under a fair use exemption for criticism and comment. Additional information will be provided to the Teacher related to this fair use exemption.