Copyright Implications for Online Distance Education
![handle is hein.journals/jcolunly32 and id is 661 raw text is: COPYRIGHT IMPLICATIONS FOR ONLINE
DISTANCE EDUCATION
AUDREY W. LATOURETTE, J.D.*
I. INTRODUCTION
Colleges, universities, and business organizations increasingly view online
distance education as a viable mechanism for the delivery of education. I Distance
education has been defined by the U.S. Copyright Office as that form of
education in which students are separated from their instructors by time and/or
space,2 restricting its definition of distance education to mediated instruction in
which the teacher [is] active in determining the pace and content, as opposed to
unstructured learning from resource materials.'3 Distance education employs a
variety of technological media for purposes of delivery and communication, which
include interactive television, satellite television, telephone and/or video
conferencing, e-mail correspondence, and web-based distance learning via the
Internet.4 Instruction delivered through the Internet is also variously termed
online learning, virtual learning, Web-based learning, technology-based learning,
e-learning, network-based learning and computer-based learning.'5 It should be
* Professor of Business Law, Richard Stockton College of New Jersey. An earlier
version of this article was presented at the 5th Global Conference on Business & Economics at
Cambridge University in July 2006, where it received the McGraw Hill Publishing Best Paper
Award in the category of Ethics, Business Law and Issues in Higher Education.
The earlier version of this article will appear in an upcoming issue of The International Journal of
Business and Economics in recognition of its receipt of the McGraw Hill Best Paper Award.
1. See Chuck Trierweiler & Ray Rivera, Is Online Higher Education Right for Corporate
Learning?, 59 TRAINING AND DEV. 44, 44-47 (Sept. 2005) (indicating that a majority of
respondents to a survey, which sought to identify the perceptions of senior executives regarding
the role of online higher education in corporate learning, anticipated continued growth in their
organizations for online learning; a complete copy of the results of this survey can be found at
http://www.astd.org/astd/research/research-reports).
2. See U.S. COPYRIGHT OFFICE, REPORT ON COPYRIGHT AND DIGITAL DISTANCE
EDUCATION 10 (1999).
3. Id.
4. See Alex Koohang, Students' Perceptions Toward the Use of the Digital Library in
Weekly Web-Based Distance Learning Assignments Portion of a Hybrid Programme, 35 BRIT. J.
OF EDUC. TECH. 617, 618 (2004). See also AM. ASS'N OF UNIV. PROFESSORS, STATEMENT ON
DISTANCE EDUCATION (1999), available at
http://www.aaup.org/statements/Redbook/DistanceEd.HTM.
5. Seung-won Yoon, In Search of Meaningful Online Learning Experiences, 100 NEW
DIRECTIONS FOR ADULT & CONTINUING EDUC. 19, 20 (Winter 2003) (noting that the term e-
learning is most commonly used in corporate settings).](ViewImageLocal?handle=hein.journals/jcolunly32&div=22&collection=&method=preview&ext=.png&size=3)
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