Copy-right or Copy-fight? The Distance Education Dilemma

Abstract

This article examines the inadequacies of current copyright laws as they apply to distance education, a domain that has grown exponentially in importance, especially highlighted by the Covid-19 pandemic. Distance education, defined as “mediated instruction,” presents unique intellectual property challenges that are not sufficiently addressed by existing legal frameworks. This paper explores the evolution of copyright in distance education through the lens of legal foundations, judicial perspectives, and institutional policies. While the Copyright Act of 1976, the Digital Millennium Copyright Act, and the Technology, Education, and Copyright Harmonization Act have contributed to shaping the landscape, they fall short in clarifying the ownership rights over educational materials created for distance learning, often leaving educators and institutions in a legal limbo.

The paper scrutinizes various judicial rulings and policy approaches adopted by academic institutions, which have often resulted in a tug-of-war over intellectual property rights. Through an analysis of landmark cases and the policies of leading universities, this study highlights the pressing need for explicit agreements that define the rights and responsibilities of educators and institutions. The conclusion advocates for a balanced and transparent policy framework that respects the intellectual contributions of educators, safeguards the interests of institutions, and supports the growth of distance learning—a critical educational resource for the digital era.

Keywords: Distance Education, Copyright Law, Intellectual Property Rights, Academic Freedom, Online Learning, Work for Hire, Teacher's Exception, Fair Use Doctrine