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AAP Vice President Testifies Against Proposed Copyright Legislation - Brief Article
Educational Marketer
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March 19, 2001
Congress should not extend copyright exemptions to distance learning enterprises, Allan R. Adler, vice president for legal and government affairs at the Association for American Publishers, told a Senate Judiciary Committee. Congress is considering extending an exemption originally designed for instructional television in 1976 to include distance education delivered over the Internet. The bill under consideration is the Technology, Education and Copyright Harmonization Act of 2001.
Adler was the sole representative of content producers who testified on March 13 and the only voice in opposition. Several distance learning educators testified in support of the bill, including Gerald Heeger, the University of Maryland; Richard Siddoway, Utah's Electronic High School; Paul LeBlanc, Marlboro College; and Gary Carpentier, American University. Marybeth Peters, the federal registrar of copyrights also testified.
In his testimony, Adler told the committee that the legislation is "unnecessary, unjustifiable, unworkable and unfair insofar as it ignores the exploding competition, collaboration and consolidation among for-profit and not-for-profit online education program providers."
He said that course content providers should not be singled out to provide free services in the distance-learning field. "Since no one is advocating that Congress should enact legislation eliminating the need to pay for computers, software, Internet access, faculty salaries, administrative personnel costs and tuition in connection with online education programs, the AAP questioned why the costs of course content - and therefore, the copyright owners who create and produce them - should stand alone among the necessary elements of online education programs as exempt from payment," Adler said.
The current laws, he said, do not need to be revised as they are working very well. He pointed out that a 1999 federal report that is the basis for the current proposed legislation noted that the existing statutory exemptions for distance learning are largely irrelevant, as most providers create their own content, use existing public domain materials or obtain licenses.
The law was proposed to resolve licensing problems caused by difficulties in locating the owners of content for their permission. These problems are more the result of the newness of the online education industry and should diminish over time, according to the federal report. Adler said that several publishers, including Houghton Mifflin, Pearson Education, Elsevier Science and Thomson Learning, have taken measures to ease the process of using copyrighted material. Those measures include providing permission request forms online, allowing online searches of texts and customizing textbooks and other instructional materials.
Should the committee recommend Congress approve the legislation, Adler urged the committee to consider several changes including excluding instructional materials from any copyright exemption. He urged the committee to limit any exemption to accredited, non-profit educational institutions, "...so that in practical application, the helpful TEACH Act acronym does not come to represent the Technology, Education and Copyright Heist Act," he said.
Contact: The Association of American Publishers can be reached at (202) 347-3375 or at www.publishers.org.
COPYRIGHT 2001 Simba Information, Inc.
COPYRIGHT 2003 Gale Group
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