Non-profit vs. For-profit Institutions
How does using copyrighted materials differ from non-profit to for-profit institutions?
Phyllis,
Sounds like a good plan of action for many schools! Let me know if I can be of any assistance.
Renee Shaffer
Faculty that work at a for-profit universities need to get permission to use copyrighted material because for profit universities are not covered by the TEACH ACT. Faculty working at for-profit universities part -time may not be aware of this fact because they may also be working at non-profit universities. And , as such, may incorporate materials that they use at their non-profit universities into classroom instruction at the for-profit universities. Therefore, workshops, seminars, and published guidelines should be developed at for-profit universities concerning copyright laws.
Phyllis Gooden
Non-profit institutions are covered by the TEACH Act. For-profit institutions are not covered by the TEACH Act and must seek copyright permissions for all materials used in teaching courses. It may be difficult to obtain the necessary resources to gain copyright approval in for-profit institutions as well.
With both types of institutions it is always important to request proper permissions to use materials in the classroom settings.
Hello:
Instructors are not protected under Fair Use and the Teach Act in for profit organizations. These laws only cover institutions that are non-profit. There instructors in for-profit institutions should be careful with including copyrighted information into their class.
It is easier for non-profit institutions to use copyrighted materieals because the rationale is that they are focusing more on the student's well being whereas profit schools are thought to be able to afford additional purchases.
Rightly or wrongly, there is a perception that for-profit institutions can pay for the use of materials. This misperception, coupled with the reality that for-profits may charge more for tuition and represent a smaller slice of the higher education pie may bolster a higher scrutiny of for-profit institutions. Finally, exceptions provided by legislation, including the TEACH Act, do not apply to for-profit institutions.
Arthur,
So true and most instructors do not realize it.
Renee Shaffer
Instructors at For-profit institutions are not covered by the TEACH act in regards to use of copyrighted materials.
Lawrence,
So glad that you have been in the course. So many instructors are not familiar with the copyright regulations especially the differences between non-profit and for profit institutions.
Renee Shaffer
When it comes to the main difference between non-profit and for-profit institutions in the use of copyright materials, the main difference is the usage of “fair use†and the TEACH act. Only non-profit institutions may look into to see if the materials they are going to use falls under these regulations, but the usage of these materials need to be minimal and it cannot effect the income of profit to the copyright holder. For-profit institutes must obtain permission from the copyright holder to be able to use the copyrighted material.
The use of copyrighted materials differs from non-profit to for-profit institutions because of the implementation of the TEACH Act and the ramifications of Fair Use. Non-profit institutions while protected under both of those aforementioned aspects of the law and have more latitude with regard to incorporating copyright protected materials - still need to adhere to Copyright Law. On the other hand, for-profit institutions do not enjoy the same exemptions as their non-profit counterparts and therefore must be more vigilant in maintaining a stricter policy of compliance when dealing with copyright protected materials.
Jennifer,
Yes, that is the main reason.
Renee Shaffer
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
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.
What exactly would such a disclosure say? I have never even been told this!
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.
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
TAMARA,
Great. The Copyright Clearance Center has been a godsend in the past for me.
Renee Shaffer
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.
