Non-profit vs. For-profit Institutions
How does using copyrighted materials differ from non-profit to for-profit institutions?
"fair use" concept only applies to "non-profit" institutions. The TEACH Act does not apply to "for-profit" institutions. For profit institutions must get permission before using any copyrighted materials becasue the "fair use" does not apply to them. Thanks, Tom
First, I love this class! Thank you.
The TEACH Act guidelines do not apply to for-profit. It becomes very important for those employed at 'for - profit' institutions to understand the distinction as well as the copyright laws that apply to them.
There are some adjuncts that do not know the difference between non-profit and for-profit so onboarding on new hires should address this issue.
According to our training module, for-profit institutions have a different funding sources and have an increased abilitiy to pay for resources. I find this interesting because the ability to pay does not equate to the willingness to pay. I did work in curriculum development for a for-profit institution and we could only use materials that had no cost associated with them.
Rhonda,
You are so welcome. So nice to get some feedback! I teach at a for-profit and I am always trying to educate them, to no avail. :( good luck with your endeavors especially in the onboarding of new hires.
Renee Shaffer
I agree with you Rhonda. It would be helpful to require an orientation to the subject for new hires. Just as it is important to understand the use of an institution's technology, it is important to know the parameters of licensing and copyright law.
Robert,
That is such an excellent idea!
Renee Shaffer
The TEACH Act applies to the use of copyrighted materials in a non-profit school, but it does not apply to the use of copyrighted materials in a for-profit school.
What this means is that the "fair use" policy contained within the TEACH Act applies to professors in the former type of school, but not in the latter type of school.
Therefore, it is imperative that professors know if they are teaching in a for-profit or a non-profit school.
Rhonda,
Including an overview of the TEACH Act and explaining whether it is applicable or not in new faculty orientation for adjuncts is a great idea. I must admit that I was not aware of it until this course. But I can see now that adjuncts should learn about it prior to starting to work at a school.
Matt
Matt,
This is SUCH a true statement. Most people have just thought that the TEACH act applied to all of higher education.
Renee Shaffer
for-profit institutions do not fall under the teach act or the fair use act and are required to secure any permission they need when using copyrighted materials. A nonprofit can take advantage of the fair use act as well as the teach act and utilize copyrighted materials within certain guidelines. In the end, it's always good to attempt to secure permission from the copyright holder. Before profit institutions when linking out to another copyrighted source. It was my understanding that as long as the link opened in a new window. It was not a copyright violation is that not the case?
Michael,
That is how people have worked the system, yes. You can tell students to go to this site and look at the materials there.
Renee Shaffer
So if I leave a open window you can use the
website, just do not save or copy any material?
For-profit can be very dangerous for technical items which makes it very hard to show or use certain aids
Hi Everyone, Fair use and TEACH do not apply to for profit institutions. It is assumed that they have the resources to get the okay for use of materials.
Non profits have the ability to use both of the above. However, they still need to comply with the law and have clear plans and policies in place.
One item I thought was useful was the Copyright Clearance Center. I did not realize that there are third party clearance centers.
For profits must also educate part time and adjuncts on the laws and procedures because both of the above are not applicable.
TAMARA,
Great. The Copyright Clearance Center has been a godsend in the past for me.
Renee Shaffer
I teach at both types and I had no real idea that there was such a difference!
I do know that I have to post a disclosure when I use youtube videos at for-profit institutions, but that was I knew. And I've been teaching for ten years!
Thanks for the information.
Phil Lewis
It is amazing to find out just how different these issues are for non-profit versus for-profit institutions. Fair use and the TEACH act do not apply. If we take this further it is my understanding that the part of the TEACH act requiring institutions to have a written copyright policy also does not apply to for-profit institutions. This seems a bit ironic, as copyright should be an even bigger problem/issue there.
What exactly would such a disclosure say? I have never even been told this!
In addition to it being assumed that for-profits have resources, I would think that the fact that they make a profit comes into play as well - after all they technically would be financially benefitting from the use of the material, while by definition "non-profits" would not.
Jennifer,
Basic letter should ask for permission to use the materials and give your intention. Most copyright owners will grant permission when/if asked.
Renee Shaffer
Jennifer,
Yes, that is the main reason.
Renee Shaffer
