Over the past two years and in the context of the Conference on Fair Use (CONFU), the Association of Research Libraries (ARL) has worked with other CONFU participants to develop consensus among rightsholders and users of copyrighted works for fair use rights for libraries and educational organizations in the networked environment. Distance learning was one of the five areas identified for the possible development of CONFU guidelines. ARL actively participated in CONFU believing that the process would capture for the digital environment the carefully constructed balance that has been achieved and maintained in the print environment. This fact sheet summarizes the concerns of ARL that resulted in the decision not to endorse the distance learning fair use guidelines.
Following the process used for other CONFU draft documents, ARL distributed copies of various drafts of the distance learning guidelines to review and secure member comment. The following concerns were identified:
the guidelines are limited to live, interactive courses and therefore do not address the variety of teaching methods in widespread use
new restrictions on repetitive use of copyrighted works
(e.g., the limitation to transmit a copyrighted work only once and the requirement to obtain permission for subsequent uses.)
new requirements that the institution implement technological limitations to prevent copying
(e.g., the requirement to limit reception to a classroom or other site where secure reception can be controlled by the institution.)
more limited interpretation of fair use
(e.g., the draft appears to restrict the principle of fair use.)
Upon release of the CONFU Interim Report in December 1996, ARL distributed copies of the final "Proposal for Educational Fair Use Guidelines for Distance Learning" and sought recommendation on possible endorsement. The concerns noted above were again identified and, based on comments received, ARL voted not to endorse the distance education fair use guidelines.
April 30, 1997
Prepared for ARL by
Mary E. Jackson
ARL Access & Delivery Services Consultant