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Burgstahler, Sheryl, Ph.D. (2002). Universal Design in Distance Learning. Information Technology and Disabilities, Vol. VIII, 2002. Retrieved 15 November 2007.This informative article defines the term "universal design" as it applies to online materials generally and makes the case that universal design in distance learning benefits learners of all abilities and disabilities. The author lists physical and learning disabilities that students may present, accommodations that can help them succeed in the distance learning environment, and ways of building accommodation into the distance learning course up front rather than trying to work around design flaws later on. The article concludes with a sizable list of resources for educators who want to know more about ADA law, universal design principles, and information about specific kinds of disabilities.
Comment by Linda: This article is basically a primer in disabilities and accommodations in the distance learning environment. While it is entirely common-sense based, it provides a useful overview as well as a virtual checklist of design considerations for those building online courses.
DMCA: Friend of Foe?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself. It also supposedly heightens the penalties for copyright infringement on the internet. It's been in affect for a decade now, but outside of IT I never hear about this. The idea is that the DMCA is to better protect copyright holders, but a provision of this act is that if you believe your copyright is being infringed by a post (for example YouTube video) and you send a cease and desist notice to the domain (i.e., youtube.com) then they are required BY LAW to immediately remove that post without contacting the person who posted it. Let me reiterate, the person who posts the song, video, article, book, poem, etc... is never warned that the work is being taken off line. Part of the problem of the DMCA having too much control is that it immediately forces the website owner to take down any information without proving infringement, which is a huge deal especially in education. The DMCA essentially silences educational researchers, teachers, critics, etc...
Three demands of the public in relation to copyright include:
1. Fair use is the right to make unauthorized copies of works for certain protected purposes - mainly for academics, reporting, or criticism. When a student quotes a book in a high school paper, she is making a fair use, and can't be stopped by the copyright owner.
2. First sale is the right to sell a copy over and over again, once it is made, as long as you don't make any new copies. When you read a book, then sell it to a used book store to be bought and read by someone else, you're exercising your rights under first sale.
3. Limited time - copyrights are granted for a limited time. After that time expires, the work goes into the public domain - it can be copied and used by anyone, for any reason.
The DMCA strives against this. The provision says that it is illegal to circumvent access protections to content and to manufacture or make available things that circumvent the protections. An example of this is third party toner cartridges, for example.
Now Section 1201(a)(2) provides:
Distribution of circumvention tools is likewise prohibited, with the same or similar exceptions. Section 1201(a)(2) provides:
(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
So essentially if you attempt to create anything with or WITHOUT intent of infringing on copyright, you are pretty much breaking the law and can be sapped of hundreds of thousands of dollars. Look, I am all for policies, rules, etc... but my problem is two fold. 1.) People who make rules really vague so they can interpret them however they want. 2.) People who make rules who have no clue at all how those rules affect other areas (e.g. EDUCATION!).
TEACH ACT 2002
In looking up resources dealing with copyright/ownership issues, I decided to post some basic information on this topic, that is the TEACH Act of 2002 (summary found here or here for a version that includes a checklist to see "whether you are ready to start using the TEACH act). This law basically afforded online courses all of the priviledges of f2f courses in using a variety of materials for teaching purposes. (This Act, not to be confused with the TEACH Act of 2007 which looks to assure the quality of academic instruction and monetarily compensate for it.)
Alex
Legalities by Shabana
I love the way Burgstahler described disability in her above article. “Disability is just one of many characteristics that an individual might possess. Others include height, age, race, native language, ethnicity, and gender. All of the potential characteristics of participants, including disability, should be considered when developing a distance learning course. Just as architects design buildings used by everyone, including those who use wheelchairs, distance learning designers should create learning environments that allow all potential students and instructors to access course content and fully participate in activities.”
Suggested universal design proposed by the author is amazing and useful for people with and without disabilities.
I think the initial step to be familiar with the resources for ADA compliance is to know what we have in our own institute. Disability Resources and Services (DRS) at S&D campus of MCC http://www.mc.maricopa.edu/students/disability/ provides comprehensive services for students with disabilities. ADA compliant academic adjustments are available for students with different conditions (blindness, visual impairment, deafness, hearing impairment, traumatic brain injury, or other health-related/systemic disabilities).
I agree with Linda here that asking the right question from the beginning can spare a student’s time and energies toward the right direction. The most important part of an instructor is to explain and describe the presence of disability resources to students on the very first day of class and then to be familiar with the 34 pages Faculty Resource Guide: http://www.mc.maricopa.edu/students/disability/forms/facultyguide.doc
Available services for students with disabilities at MCC include telecommunication device for the deaf, brailler, visual enlarger (b & w and colored), FM assistive listening devices, tape recorders, and loaner wheelchair and crutches. Services for psychological and psychiatric conditions like extended time, quite area are also available. The punitive style of accommodating a student with disability is not a solution at all. We need to be accommodating and retaining to enhance a required learning environment in f2f or online class for students with disabilities. It is also important to understand that each individual is unique with ones unique condition and a uniform formula cannot be applicable for each individual case.
Following article by Sheryl Burgstahler and colleagues is another good resource for the topic.
Steps Toward Making Distance Learning Accessible To Students And Instructors With Disabilities
Information Technology and Disabilities E-Journal, Vol. XI No. 1 August, 2005
The focus of this paper is students AND instructors with disabilities. The authors of this article discussed the policies, implementation, guidelines according to section 508 standards, dissemination, delivery and accessibility of a universal design that could benefit students and instructors with disabilities at University of Washington. It is expected that policies and procedures discussed in this article can lead further programs and accommodations for students and instructors with disabilities at other institutes.
10 COPYRIGHT MYTHS
This site was really interesting because it goes through several misconceptions about copyright. One thing I didn't realize is that (C) does NOT hold up. If you cannot use the C with a full copyright circle around it, then use the words "All Rights Reserved".
ADA Compliance by Shabana
It is surprizing to know that the international DO-IT Center at University of Washington
http://www.washington.edu/doit/
is putting so much effort in promoting research, productivity, and participation of students with disabilities. I have heard from different mental health professionals that many people with disabilities join community colleges due to different reasons. I would suggest that teachers' training workshops in ADA compliance should be prioritized in community colleges along with other professional development opportunities. I am looking forward for the ADA compliant course material workshop here at MCC in spring.
Legalities- Copyright Fair Use by Margarita
One of the three legal issues related to online teaching and learning is copyright issues and Intellectual Property Policies.
At http://www.lib.utsystem.edu/copyright one can find a Copyright Crash Course Online Tutorial that assists with how copyright laws work and about fair use.
Creative Commons
I found this website called Creative Commons: http://creativecommons.org/ in which you can get online and offline work copyrighted. However, after looking through the website and the licensing process, it appears that there is not too much legal protection if someone infringes upon one’s copyrighted materials. It seems that you are basically on your own.
I was about to post about Creative Commons, but saw the above. One thing that I discussed recently with a friend is the search tool through Creative Commons. It permits you to search for these files.
Comment by Linda: This article is basically a primer in disabilities and accommodations in the distance learning environment. While it is entirely common-sense based, it provides a useful overview as well as a virtual checklist of design considerations for those building online courses.
DMCA: Friend of Foe?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself. It also supposedly heightens the penalties for copyright infringement on the internet. It's been in affect for a decade now, but outside of IT I never hear about this. The idea is that the DMCA is to better protect copyright holders, but a provision of this act is that if you believe your copyright is being infringed by a post (for example YouTube video) and you send a cease and desist notice to the domain (i.e., youtube.com) then they are required BY LAW to immediately remove that post without contacting the person who posted it. Let me reiterate, the person who posts the song, video, article, book, poem, etc... is never warned that the work is being taken off line. Part of the problem of the DMCA having too much control is that it immediately forces the website owner to take down any information without proving infringement, which is a huge deal especially in education. The DMCA essentially silences educational researchers, teachers, critics, etc...
Three demands of the public in relation to copyright include:
1. Fair use is the right to make unauthorized copies of works for certain protected purposes - mainly for academics, reporting, or criticism. When a student quotes a book in a high school paper, she is making a fair use, and can't be stopped by the copyright owner.
2. First sale is the right to sell a copy over and over again, once it is made, as long as you don't make any new copies. When you read a book, then sell it to a used book store to be bought and read by someone else, you're exercising your rights under first sale.
3. Limited time - copyrights are granted for a limited time. After that time expires, the work goes into the public domain - it can be copied and used by anyone, for any reason.
The DMCA strives against this. The provision says that it is illegal to circumvent access protections to content and to manufacture or make available things that circumvent the protections. An example of this is third party toner cartridges, for example.
Now Section 1201(a)(2) provides:
Distribution of circumvention tools is likewise prohibited, with the same or similar exceptions. Section 1201(a)(2) provides:
(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
So essentially if you attempt to create anything with or WITHOUT intent of infringing on copyright, you are pretty much breaking the law and can be sapped of hundreds of thousands of dollars. Look, I am all for policies, rules, etc... but my problem is two fold. 1.) People who make rules really vague so they can interpret them however they want. 2.) People who make rules who have no clue at all how those rules affect other areas (e.g. EDUCATION!).
TEACH ACT 2002
In looking up resources dealing with copyright/ownership issues, I decided to post some basic information on this topic, that is the TEACH Act of 2002 (summary found here or here for a version that includes a checklist to see "whether you are ready to start using the TEACH act). This law basically afforded online courses all of the priviledges of f2f courses in using a variety of materials for teaching purposes. (This Act, not to be confused with the TEACH Act of 2007 which looks to assure the quality of academic instruction and monetarily compensate for it.)
Alex
Legalities by Shabana
I love the way Burgstahler described disability in her above article. “Disability is just one of many characteristics that an individual might possess. Others include height, age, race, native language, ethnicity, and gender. All of the potential characteristics of participants, including disability, should be considered when developing a distance learning course. Just as architects design buildings used by everyone, including those who use wheelchairs, distance learning designers should create learning environments that allow all potential students and instructors to access course content and fully participate in activities.”
Suggested universal design proposed by the author is amazing and useful for people with and without disabilities.
I think the initial step to be familiar with the resources for ADA compliance is to know what we have in our own institute. Disability Resources and Services (DRS) at S&D campus of MCC http://www.mc.maricopa.edu/students/disability/ provides comprehensive services for students with disabilities. ADA compliant academic adjustments are available for students with different conditions (blindness, visual impairment, deafness, hearing impairment, traumatic brain injury, or other health-related/systemic disabilities).
I agree with Linda here that asking the right question from the beginning can spare a student’s time and energies toward the right direction. The most important part of an instructor is to explain and describe the presence of disability resources to students on the very first day of class and then to be familiar with the 34 pages Faculty Resource Guide: http://www.mc.maricopa.edu/students/disability/forms/facultyguide.doc
Available services for students with disabilities at MCC include telecommunication device for the deaf, brailler, visual enlarger (b & w and colored), FM assistive listening devices, tape recorders, and loaner wheelchair and crutches. Services for psychological and psychiatric conditions like extended time, quite area are also available. The punitive style of accommodating a student with disability is not a solution at all. We need to be accommodating and retaining to enhance a required learning environment in f2f or online class for students with disabilities. It is also important to understand that each individual is unique with ones unique condition and a uniform formula cannot be applicable for each individual case.
Following article by Sheryl Burgstahler and colleagues is another good resource for the topic.
Steps Toward Making Distance Learning Accessible To Students And Instructors With Disabilities
Information Technology and Disabilities E-Journal, Vol. XI No. 1 August, 2005
The focus of this paper is students AND instructors with disabilities. The authors of this article discussed the policies, implementation, guidelines according to section 508 standards, dissemination, delivery and accessibility of a universal design that could benefit students and instructors with disabilities at University of Washington. It is expected that policies and procedures discussed in this article can lead further programs and accommodations for students and instructors with disabilities at other institutes.
10 COPYRIGHT MYTHS
This site was really interesting because it goes through several misconceptions about copyright. One thing I didn't realize is that (C) does NOT hold up. If you cannot use the C with a full copyright circle around it, then use the words "All Rights Reserved".
ADA Compliance by Shabana
It is surprizing to know that the international DO-IT Center at University of Washington
http://www.washington.edu/doit/
is putting so much effort in promoting research, productivity, and participation of students with disabilities. I have heard from different mental health professionals that many people with disabilities join community colleges due to different reasons. I would suggest that teachers' training workshops in ADA compliance should be prioritized in community colleges along with other professional development opportunities. I am looking forward for the ADA compliant course material workshop here at MCC in spring.
Legalities- Copyright Fair Use by Margarita
One of the three legal issues related to online teaching and learning is copyright issues and Intellectual Property Policies.
At http://www.lib.utsystem.edu/copyright one can find a Copyright Crash Course Online Tutorial that assists with how copyright laws work and about fair use.
Creative Commons
I found this website called Creative Commons: http://creativecommons.org/ in which you can get online and offline work copyrighted. However, after looking through the website and the licensing process, it appears that there is not too much legal protection if someone infringes upon one’s copyrighted materials. It seems that you are basically on your own.
I was about to post about Creative Commons, but saw the above. One thing that I discussed recently with a friend is the search tool through Creative Commons. It permits you to search for these files.
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Latest page update: made by devoncadams
, Feb 28 2008, 11:42 PM EST
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| Started By | Thread Subject | Replies | Last Post | ||
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| Bmargarita | Legalities-Copyright Fair Use | 0 | Nov 24 2007, 10:36 PM EST by Bmargarita | ||
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Thread started: Nov 24 2007, 10:36 PM EST
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One of the three legal issues related to online teaching and learning is copyright issues and Intellectual Property Policies.
At http://www.lib.utsystem.edu/copyright one can find a Copyright Crash Course Online Tutorial that assists with how copyright laws work and about fair use. I found this website called Creative Commons: http://creativecommons.org/ in which you can get online and offline work copyrighted. However, after looking through the website and the licensing process, it appears that there is not too much legal protection if someone infringes upon one’s copyrighted materials. It seems that you are basically on your own. |
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