The teacher exception

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Abstract

A distance learning program is the field of education that focuses on technology and instruction based system design. There are different types of distance Education programs like Correspondence through mail, internet based, CD-ROM based, Pocket PC/Mobile learning integrated distance learning in group interactions with in a curriculum and of Course the virtual world that enables the students to interact with virtual environment. The major benefits in implementing the DLP are Expanded Reach, Cost reduction, Emerging Market opportunities and as a means to adapting new technologies.

An intellectual property infringement is the violations of an intellectual property right. There are several as matter of fact such as copyrights patents and even trademarks. Thus, any breach in the intellectual property may be for instance Copyright infringement, Patent infringement or trademark infringement. There is a complex legality associated with the infringement. The most important international treaty is the Berne Convention of 1866.

The operational aspect of educational network that are based on telecommunications, virtually impose an important IP issues on its own. Some organizations consider them, while some do not until forced to do so. The controversies are frequent. And it arises mostly when someone discovers the lucrative aftermarket for such copyrighted projects. Usually there are litigious owners. And all those involved in the distribution of the educational programs will profit. In order to understand the impact of infringements, there is need to understand the work model or the Copyright Ownerships model, The Joint Work Model and Hire the Work Model.

The organization and the Universities contemplating the satellite distribution, audio or video sale, or interactive teleconferencing on international levels must know the significance of difference between the copyrights laws of various countries. There is no Universal Copyrights to a venture. The majority of differences are caused to due to the Gap between the countries copyrights treaties.

Botswana education system aligns itself more closely to country's' socio-economic needs. The Objective of the National education Policy of Botswana includes achieving the efficiency in educational development, providing lifelong education to all sections of population, raising the levels of education standards and to lay stress on science and technology, facilitating the partnership between schools and communities in the education development and making further education relevant and make education available to larger number of people.

Over the years, Distance Learning programs have been deployed to meet he educational needs of the nation. The few gaps in the implementation of the DLPs are the fifty percent rule, The twelve hour rule, FERPA, TEACH ACT and the cost Vs benefits factor. These are the policies and rules that make it more complex for an organization or University to implement copyrights on DLPs.

There are copyright issues associated with the distance learning programs and though there are no clear cut and defined solutions like a mathematical riddle, the nature of the issue is subjective. Solution will be to know the Copyright Basics and implementing them. Another solution is to get the registration at the earliest. As the educational and commercial value of DLPs becomes more apparent, the need for clear copyright relationships will become very obvious.

Introduction to Distance Learning Programs

A distance learning program is the field of education that focuses on technology and instruction based system design (Bugbee, 1999). It aims at delivering the education to those who are not or cannot be physically present onsite in a classroom. The Programs provide the access to learning when the Source of information and the learners are separated by time and distance.

It has been indicated through research that the instructional format itself does not have much effect on achievement as long as the technology used for delivery is appropriate (Gottschalk, 2006). It has been designed as hybrid or blended course of study. With the advent of technologies, distance learning has been recognized to give individual attention to the international students. It is as old as 1728.Isaac Pitman had taught Shorthand in Great Britain via correspondence in 1840s. The university of London became the first ever university to offer such program in 1858, after the development of postal service. Both synchronous and asynchronous technologies are being used to deliver the programs. The former is bound by the time table while the later is where students access it on their own schedule. Synchronous mode is similar to a talk show on TV. Web Conferencing, Videoconferencing, Live streaming and Direct Broadcast satellite are very common examples. While Email, audiocassette message board forums, some print materials, Voice mail or fax and DVDs are most common source of asynchronous learning. There are different types of distance Education programs like Correspondence through mail, internet based, CD-ROM based, Pocket PC/Mobile learning integrated distance learning in group interactions with in a curriculum and of Course the virtual world that enables the students to interact with virtual environment. With all technical aids, Radio remains the most viable form, mainly in developing countries (Dubusky, 2002). It is widely used in distant areas in Australia and FM is used in India to broad cast programs on rural development, science education, and agriculture for farmers and even on business administration. The major benefits in implementing the DLPs are Expanded Reach, Cost reduction, Emerging Market opportunities and as a means to adapting new technologies (Dubusky, 2002).

Intellectual Property Rights infringement

An intellectual property infringement is the violations of an intellectual property right. There are several as matter of fact such as copyrights patents and even trademarks. Thus, any breach in the intellectual property may be for instance Copyright infringement, Patent infringement or trademark infringement. The Copyright infringement law is unauthorized use of works in such a way that it violates owner's exclusive rights. Such rights could be to reproduce works. For audio visual media it could be unauthorized reproduction and distribution which is referred to as Piracy. And this has been consistently applied till today. The Most common examples are Musical works, TV and Films, and TEXT. It is common on World Wide Web, that text is copied from one site to another without the authors' consent. The famous American Journalist, humorist and early ezine editor Roberta Beach Jacobson criticizes the inappropriateness of writers. Though she posted one of the articles on copyright infringements on a website and unfortunately that has been copied by many now. There has been a worldwide collaboration to fight copyright infringement. Servers have enabled internet based copyright violations in such countries where laws are not as strict or are enforced at minimal levels. There is a complex legality associated with the infringement. The most important international treaty is the Berne Convention of 1866. Though delayed, U.S has accepted the rights of Berne Convention. These rights empower a copyright owner to object in relation to the said work which could be prejudicial to his reputation. Once this violation is proved, The U.S law permits both injunction and monetary damages. The British law imposes heavy penalties of 5000 pounds or six months imprisonment. Some offences may attract 10 years of jail and unlimited fines! (Salomon, 2008)

Botswana Education System

Botswana education system is one of the firm educations foundations. It is able to meet the challenge of fully equipped skilled personnel. The report from National commission on education says that tertiary education as the most significant event of the past financial years with all educational structure for pre primary education (Egan, 2009).

This education system aligns itself more closely to country's' socio-economic needs. Its Comprehensive recommendations are expected to have long lasting effects on the future education of the kids. In order to attain the skilled manpower, more emphasis is given on technical and conventional studies. The system aims at increasing the competitiveness in the country's economy. It wants to prepare every individual to prepare for the change. This change where Botswana transits from Agro based economy to industrial economy is what country aspires to! And as a means of attaining this objective the government has laid an educational foundation so as to achieve the required productivity through education and training (Egan, 2009).

The Objective of the National education Policy of Botswana is to

  1. To achieve the efficiency in educational development.
  2. To provide lifelong education to all sections of population
  3. To raise the levels of education standards and to lay stress on science and technology.
  4. To facilitate the partnership between schools and communities in the education development.
  5. To make further education relevant and make education available to larger number of people.

The major focus is on practical nine year education system. Primary schools are either government aided or privately funded. All children attain junior certificate qualification. And approximately half of the school goes for further two year secondary education to obtain Botswana General Certificate of Education. Students can opt for anyone of the six technical or vocational training institutes. Only the best enters the University of Botswana (Godson, 2008).

Global impact of IPR infringements in Distance learning programs, Gaps in Global context

Remarkable progress in the field of communication has created many educational programming opportunities. Academic institutions now use satellite technology to distribute the tele-courses and share research and findings on national and international basis (Martin, 1999). Several organizations distribute programs via telecommunication and also produce programs on small scale .Those who cannot attend the scheduled program, can later have an access to videotapes/DVD ROMs. Educational institutions have also started utilizing ISDN technologies, which assure to enhance the capability to interact in real time. Instructors and students are now connected via two way audio, telephone, video and facsimile system (Egan, 2009).

Copyright Issues and Distance Learning

The operational aspect of educational network that are based on telecommunications, virtually impose an important IP issues on its own. Some organizations consider them, while some do not until forced to do so. The controversies are frequent. And it arises mostly when someone discovers the lucrative aftermarket for such copyrighted projects. Usually there are litigious owners. And all those involved in the distribution of the educational programs will profit. Thus by anticipating and planning ahead for such issues, dealing becomes easy. The necessary steps must be taken to take care of copyright liabilities while exploiting maximum flexibility in the usage of educational programs (Kenneth, 2006).

In order to understand the impact of infringements, there is need to understand the work model or the Copyright Ownerships model. The Copyright Act may order itself, the IP ownership arrangements between member corporations, participating universities, educational networks and even the individual contributors.

The Work models could be:

Collective Work Model:

This kind of work arises from collection of many other individual copyrighted works. Under this work model, the telecommunications organizations, as a collective work, would own the program.

The other contributors just own the specific presentations. The entities involved could only reproduce the program and distribute it. The contributors would be restricted to exploit the various contributions (Salomon, 2008).

The infringements would invite the telecommunications organization to take a stringent action. It becomes more complex, since it includes the collective copyrighted work.

The Joint Work Model:

Here in this Act the multiple authors merge their work into one inseparable entity. A 'telecourse' is considered the joint creation. And the universities, organizations and individual contributors have the joint ownership. These owners can exploit the Project/work subjected to the accounting to the rights of others, for profits gained from the project. Thus the impact is little less. Even then if infringement occurs, is resolvable as compared to its predecessor model (Salomon, 2008).

Hire the Work Model:

In this Copyright Act, the agreement between the telecommunication organization or University and the contributors must specify the ownership of the programs and inhibits any illegal use. This work is specifically made for hire, as mentioned on the agreement, makes the universities or the organization the sole owner. These works for hire are prepared by the employees with in the scope of their employment (Salomon, 2008).

Here the impact of infringement is illegal and invite some legal actions. The effect is also economic in all the work models, since the monetary rights are with the joint owners or the university. Any loss suffered due to the infringement invites heavy penalties and few terms of jail provided the infringement has been proven. Thus it becomes even more important to specify "Who" and "how" in the agreement (Moal-Gray, 2000).

The intellectual property ownership problems are most likely to materialize when the number of Users increase or revenue gained increases. The impact is also observed when the traditional system of distribution changes. Therefore these contingencies should be drafted very carefully in the agreement (Kiggundu, 2008).

International distribution and the Global Impact:

The organization and the Universities contemplating the satellite distribution, audio or video sale, or interactive teleconferencing on international levels must know the significance of difference between the copyrights laws of various countries. Organizations or Universities considering the foreign venture should get to know:

  1. The basic conditions of the 2 International Copyright Treaties.
  2. Laws of copyright, of nations entering into the agreement or to which the programs will be distributed (Salomon, 2008).

Failing to do so, the impact will be on both the countries. While on Global page, such an exposure is avoided by all, the understanding of the treaties is must and mutual. The economic impact is more likely to hit the agreement and might lead to a breakup. There is no Universal Copyrights to a venture! It does not protect the intellectual property rights of one country globally or vice versa. Most countries tend to afford U.S copyrights, because it is protected under the copyrights conventions. And USA belongs to these two conventions of UCC and Berne Convention (Nicolson, 2006).

There has been a lifelong debate whether to consider or compare the Infringement with stealing. The old laws are a major barrier and need to be change. The culture of the new generation is one of internet surfing and hence peer to peer download, hugely impact the profit of the producers and the distributors of the programs. Though there are infringements laws and they have advantages too. But they also have many disadvantages as how they are used in this digital age. The laws are now talking about "Fair Use" of the produce. It is part inside the laws of IP, which allow the user to legally use or change the small part of someone else's' Intellectual property (Talab, 2007).

Intellectual property also impacts the holder of the license because that translates into "No advertisement" what so ever, no matter educational programs, music files or videos. The laws are made and enforced so as to protect the creativity and the original content though there is some debate about the originality! However, off lately this has been used against it as some use unfair claims and questionable legal tactics to derive monetary profits or cut the competition. One suit leads to another. The copyrights violation has been put to court by an inventor and has received defamation cases from the organization. "The Flash of a Genius" is one such case based on a true story on inventor of intermittent car wipers which was infringed by American Car Company FORD.

Intellectual Property is a vast term that covers the patents, the copyrights, the designs, the Trademarks, the circuit layouts and the soft wares, plant breeders' rights, the confidentiality and the trade secrets! The terms are many but the idea is one and that is what is needed to be protected. The Impact is huge and it is Global. The majority of differences are caused to due to the Gap between the countries copyrights treaties. Copyrights are for literacy! Botswana education system is laying the foundation of a stronger Tomorrow. It is here to realize the opportunity of Distance Learning programs and the effects of infringements related to it (Salomon, 2008).

Study of Botswana's education system and opportunity of distance learning programs and possibilities of extrapolating the gaps identified in chapter 2

The British protectorate of Bechuanaland, adopted its new name in the year 1966. The country struggled for independence for many years and I snow free and developing state called as Botswana.

Botswana today is one of the dynamic economies in the world. It boasts of four decades of uninterrupted civilian leadership and progressive social policies. Principally diamond mining, rules the economic activity. And nevertheless with good efforts the country is gaining in tourism sector due to its conservation practices and nature preservation. Located north of South Africa, the country is slightly smaller than Texas. Of 4013 km of total land, just 10 sq km is used for irrigation. Botswana is 1,815,508 people large and growing at the rate of 1.503%. The infant mortality rate is 42.97 deaths per 1000 live births. The life expectancy is just 50.58 years. And it has a shocking rate of 37.3% of HIV/AIDS infected people. Thus it is required to increase the literacy levels. Of total population 81.2% is literate and that means all above the age of 15 can read and write. Amongst them, male contributes to 80.4% while female exceeds men at 81.8%.

To Botswana government, education has a high priority. In its education sector the Ministry of education spends around 30 percent of public spending. The aim is to make the society more prosperous, innovative and productive with the help of better education. After independence the government has formed a National Commission for education which stands as a backbone of the education system. Education in Botswana is free but not compulsory. The Ministry of education has the ruling authority as far as structure is concerned but University of Botswana is out of league. The education structure is similar to that of United Kingdom where junior level education is given free. And to get education in senior secondary schools and universities one has to go through the process of academic selectivity (Godson, 2008).

The educational curriculum includes the prevocational preparation in the junior and senior level of school. In the year 2001 Botswana education system comprised of 7 years of basic primary education, then three years of Junior Secondary education, and then two years of senior education. Basic education is most important and government stress on delivering it to all. One central objective of the education policy is to literate children primarily in Setswana and English is secondary. Other objectives to achieve are for children to be knowledgeable in mathematics and science. The given statistics for the year 1991 to 1997 shows that number of students entering the junior Secondary levels after finishing the primary levels rose from 65% to 98.5% (Gatsha, 2008).

Education has been the priority in the National budget of Botswana. The ministry of education received ten percent of the national budget in the year 1994-1995. It included the secondary education and teacher training development. It aimed at improving the functions and facilities under normal, technical and non formal education, the curriculum development and evaluating the some special education departments. The MoE has expanded a lot from a small government unit in the year 1966 to one powerful regulatory authority taking care of educational needs of thousands of people and is bale to write and print the textbooks for them. The Ministry of education emphasize on expanding the facilities to meet the national goal and to keep on training qualified teaching personals (Molefhe, 2010).

Botswana's' first education policy was called Kagisano meaning Social Harmony. It was responsible for countries educational development in the year 1977 to 1993. The early 1990s showed a social and economic change in the economy .So it was decided to change the education policy so as to meet the demands. In March 1994 the education minister presented, before government, the paper no 2, The Revised National Policy ON education which reviewed the policies and suggested the strategies for educational development. And its recommendations are being followed till today and will continue until year 2020 (Godson, 2008).

The objectives of new Policy:

  1. To review the current education system
  2. To identify the problems and strategies for further development in context to botswanas' changing complex economy.
  3. To re examine the structure of education system
  4. To guarantee the access to primary and junior education
  5. To consolidate and vocationalise the curriculum content.
  6. To advise ways to sensitize peoples wishes and countries manpower requirements.
  7. To study methods of streaming into vocational at the senior secondary level;
  8. To find relation between senior secondary structure and UB degree programs
  9. To diversify the secondary school curricula for all not continuing the higher education
  10. To recommend the government the cost-effective methods to implement the strategies proposed by the Ministry of Education (Molefhe, 2010).

The Botswana Education system imposes some minimum provisions to cater to the needs of kids with disabilities. Few of them can be integrated in the regular school course but there is a special limited curriculum for them. For all ids with special needs, parents must pay a fee to nongovernmental organizations. Since government is willing to give access to all, the primary education, it is committed to make efforts to pay these nongovernmental organizations.

Open and distance Learning Programs in Botswana

In economic terms this country belongs to mid-level income group. The country has its own challenges parting secondary and tertiary education to students. Over the years, Distance Learning programs have been deployed to meet he educational needs of the nation. While these Distance Learning programs have a significant contribution in the Botswana Development the technologies associated with it, need to be explored (Kiggundu, 2008).

The need of such programs arise so as to diversify the range of programs and most important to reach its potential learners in some special situation (Godson, 2008).

The Usage

The ODL mode for education is now very common to Botswana with all education planning and development team recognizing the value and the potential of DLP (distance Learning Programs). The country uses the system on two levels of education i.e. Secondary and Tertiary. The secondary level DLPs are driven by semi autonomous institutes like Botswana College of distance and Open learning (BOCODOL). This college is strategic and has 92 centers located at different places all meant to deliver the DLPs to the learners doorstep.

Why ODL or DLPs

The current transition rate from junior secondary to senior secondary schools is 65.73%. The pass rate is just satisfactory and most students are not happy with their grades. So most of them opt for these DLPs another reason is that there are limited numbers of public senior secondary schools. All those students who could not make a place in these schools get themselves enrolled in the ODL programs. There are limited financial resources with the people. Those who are less privileged get access to such DLPs. When it comes to the tertiary education needs, the DLPSs become popular. The political will and advocacy for BOCODOL has seen a paradigm shift amongst the major population making DLPs even more wanted. The demand supersedes the supply of education. Hence these programs are a big success. Management, vocational programs and professional programs are much in demand these days. While constant efforts are being made to fulfill the educational needs through DLPs but demand hasn't been met yet. DLPs provide equal learning opportunities. The curriculum of secondary school is same in the schools and on DLPs. So those who are restricted by a distant location or monetary issues can take a good advantage of these DLPs. For example, at eth UB the programs delivered face to face as lectures are sent out in the DLPs as same. The quality of the assessment is never compromised and hence there is no difference in the recognition and the certificates. DLPs rather have created a separate cadre of self driven and confident scholars who are able to compete with other with conventional learning (Egan, 2009).

The top most priority is for

  1. Technical and Vocational Programs that are mixed with entrepreneurial skills
  2. Changing the Current DLPs to meet special peoples need like visual impairment
  3. Consolidation of ODL and be regional leading center of excellence.
  4. Capacity building in delivering the tertiary education programs.

The range of areas of further training include development of expertise and capacity in the delivery of vocational and technical ODL programs, special needs education, deployment of E-learning, online-support, ODL search and capacity building, knowledge creation and management, Audio visual material-production skills training and development, capacity building in the delivery of Tertiary Level programs and the Quality assurance at all levels.

Extrapolating the gaps identified in chapter 2

The few gaps in the implementation of the DLPs are the fifty percent rule, the twelve hour rule, FERPA, TEACH ACT and the cost Vs benefits factor. These are the rules and regulations that make it difficult for an organization or University to implement copyrights on DLPs (Nicolson, 2006).

50-Percent-Rule

The fifty-percent rule was made in year 1992. It continues even today within the 1998 Higher Education Act. The regulation says Title-IV eligible institutions cannot offer financial aid if it offers more than 50% of its classes through DLPs, or has half or more than half of its students engaged in DLPs, or offers correspondence courses that amount to 50% or more of all courses.

12-Hour-Rule

Similar to 50-percent rule, the 12-hour rule was originally made to avoid fraud by diploma factories. It was for higher education systems that did not work on a traditional system to provide at least 12 hours of regular scheduled instruction and examinations every in case the students wants financial help. Unlike the 50-percent rule, this is a law now; the 12-hour rule was just a regulation.

Family Educational Rights and Privacy Act (FERPA)

The Privacy Act of 1974, also known as the 'Buckley Amendment', deal with the privacy of student records. FERPA addresses the confidentiality, the release and review of student's records. Students should have the rights to review their records and request changes to those records to ensure accuracy.

Technology, Education, and Copyright Harmonization Act (TEACH Act)

This law gives educators a separate rights, to display and perform the projects/works of other in the classroom, in addition to its fair use. TEACH Act was made law in October 2002. The TEACH Act expands the scope of rights to show works and to make the copies important to performances for distance learning programs. While the rights are traditional in nature like physical classroom, there exists a huge gap between what is authorized for live lectures and DLPs.

Cost Vs Benefits Factor

When delivering a distance learning program, the first thing considered is the cost. Several cost components affect the design and implementation of a DLP like:

  • Technology - if a cutting edge technology is available to the end user.
  • Transmission - the cost of lending the rights to access the transmission (e.g. satellite, microwave).
  • Maintenance - repairing the instruments and keeping them updated.
  • Infrastructure - infrastructure located at the source and receiving campuses.
  • Support Personnel - miscellaneous expenses, local support costs, facilities, and overhead costs. And the staff to all functions described above.

Although the costs for offering the DLPs may be high, but there is higher costs associated with conventional setup. Benefits of DLPs include (Nicolson, 2006):

  • Accessible courses and training to students in remote areas.
  • Completion of the course without cause of loosing the pay because of re-location
  • Exposure to the experience of the highly qualified faculty.

The question is whether its educators mission to provide for the educational needs of those who cannot be reached? The primary benefit to them is DLPs increase the number of non-traditional students. So they are able to attract and serve more. The reports of research have also suggested that will increase in the efficiency of the programs, cost must come down! (Egan, 2009)

Outlining of the solutions to the gaps identified in chapter 3

Academics institutes now days use different technologies and method to aid the distant learner. People working in distant places or have a full time jobs or studying at campuses Use these Distance learning programs and earn the college degrees. There are copyright issues associated with the distance learning programs as mentioned in the previous chapter. The outlining of the solutions to such issues will be covered here. Though there are no clear cut and defined solutions like a mathematical riddle, the nature of the issue is subjective. The use of 50 percent and 12 hour rules, the compliance of FERPA and use of TEACH act can avoid any resulting issues followed. The primary solution to all the gaps in implementing the IPR infringement in distance learning is anticipating the issues and well planning. It is recommended to have a detailed design ready for use. It is wise to anticipate rather than to deal with them as on later. We have covered the issues about Intellectual Property that inevitably has been confronted by telecommunications network and the participating universities. Solution will be to know the Copyright Basics and implementing them. In the Copyright Act of 1976, copyright links automatically to a work. It is fixed in a entangled medium. Therefore, scripts used in the classroom instruction have some copy rights protection as early as they are written. Similarly, the lectures automatically receive copyright protection once they are recorded a permanent media (Wagner, 1999).

For individual works, copyright lasts fifty years longer than the authors' life. For works made as "for hire," it lasts for a period of one 100 years from the beginning of the work or 75 years from its publication, whichever is earlier! During the term of copyright protections, the owners have the exhaustive rights to

  1. Produce again the copyrighted work;
  2. Derive work out of the copyright work;
  3. Spreading the project by distributing copies in the public by lease, rental, or sale
  4. Publicly perform the copyrighted work; and publicly display the work.

Owners can transfer these exhaustive rights to others as individual rights or whole different package of rights. Another solution is to get the registration at the earliest. In the recent years, importance of registering the work has been reduced legally. While registering the work with the Office of Copyright is no longer a compulsion and can be done at any time. Moreover, if registration is done before five years of publication, it is considered as prima facie proof of validity. Since the instructional programming produced by most organizations is not easily available to the general crowd, the entity may organize its material in a manner it seems convenient. The owners are not required to register the work before affixing the notice of copyright. The notice should be present at the beginning and at the end of all program transmissions and on all distributed copies. The owners can recover damages in lieu of actual damages. For non profit educational establishment and libraries, damages may be recovered if the breaker had reasonable grounds complying with "fair use." In the agreements, the Copyright Act can order IP ownership to have arrangements between the two parties.

Hence it becomes a necessity to lay a work model to avoid any such issues;

Collective Working Model

A copyright work can be formed from the mixing of individually copyrighted works. However, these could again produce and distribute the program. And it would not be permitted to exploit the various contributions (Salomon, 2008).

Joint Model of Work

Joint owners may separately exploit the work for profits earned from the work. This form could make it complex for granting the rights to third parties.

Works for Hire Model

It is, important that universities and organizations make an agreement with a contributor that specifies that the materials are created as "works for hire" or, allocates the copyrights to the university or organization (Salomon, 2008).

Following these steps can reduce the major number of issues and can be rendered as solution to the IPR infringement.

Copyright Problems

A good agreement should provide for this situation. The agreements should clearly state that organizations are permitted to distribute and copy the modules for all purposes (Salomon, 2008).

Trademark Issues

Universities must protect such kind of rights by registering any trademarks or rights that are in use or will be used in near future (Salomon, 2008).

The Audit of Intellectual Property

Before working on an expensive program designed to create and distribute DLPs, an Intellectual property audit should be performed (Salomon, 2008).

Summary

Observing the state of the developing country, Botswana, where economic means are limited, the government is making an effort to raise a dynamic economy. It is doing so by investing a huge stake of its national budget every year in National commission of education. This commission has come a long was after independence and has emerged as controlling and regulating authority in the field of education.

With the help of the government, the free basic education is given to all. The junior and senior secondary education is in its infant stage! The country finds it difficult to meet the demand of senior secondary and tertiary education amongst the masses. Economic means are limited. People live very remote to the schools. The topography makes it even more difficult to attend regular classes. The distance learning education programs are a ray of light now. The programs have been implemented at small and big levels. No doubts that these programs are a big success pertaining to the conditions.

At tertiary level of education and providing the vocational means to earn, some institutes have gone far beyond the expectations. And BOCODOL is no exception! In the whole context the country is not able to meet the requirements and demands of senior level education. Distance Learning programs, are top in the priority amongst the mode of education since there are limited number of schools. Over the years the program has been successful and is also dealing with the infringement issues. The issues could be resolved when at a minimum, any agreement between universities and its contributors must say that who has the right to transmit the programs and by what means?

Participating universities have right to reproduce and spread the programs for a limited duration. The parties will negotiate in good will for any further rights in the distribution channel. For good protection, an explicit agreement should be signed stating the nature of the work e.g. for hire or that any and all copyrights are transferred to the organization or university.

The matching of new technology methods and conventional teaching creates good opportunities and challenge in distant learning. One of the biggest challenges for participating universities will be to save themselves against all the charges of copyright infringement, and at the same time, they should protect their works against any kind of infringement and copyright issues by others (Salomon, 2008).

Telecommunications universities and organizations should prepare an audit report to find the materials that will be used into their programs. It is also about which rights have been kept safe and, most importantly, which rights should remain safe. Written consent is the best way of ordering the rights between all parties. If not then the courts will order the agreement in a manner that may not be satisfactory to any of the parties. As the commercial value of distance learning educational programs becomes more apparent, the need for clear copyright relationships will become very obvious (Salomon, 2008).

The fair use defense will only be applicable to the materials meant to be used for instructions. Thus, for example, "bridge music" may not be exempted where its only purpose is to fill time in between programs. The impact of a well-articulated system on the provision of distance education is clear. Actually the decision to design the distance education system was motivated by the need of the difficulty working in an unclear system.

Practitioners wanted to know the processes, how they are done or should be done, why they are done, who does what, and what were the gaps, what caused the gridlocks and how could they be closed. It is good to have a clear demarcation line. It is hoped that the completion of the exercise will greatly improve workflow and performance in offering an array of distance education programs. Furthermore, when the operations are understood well by the other departments, there will be a mutual respect.

Without changes in the law, the use of the Internet and other digital forms of works currently contained in teaching materials may constitute an infringement of the copyrights of the owners.Without any such changes, parties that seek usage of such materials are asked to license that content from those owners, including paying royalties and other fees. Finally, distance learning should be viewed as an important aspect of the emerging electronic highway. It is predictable that impressive advancement in the technological will lead to initiate some new policies, taking care of vital practical and legal questions to. Thus it is high time to squeeze the resources and participate in the debate, which will show, how effective the distance learning institutions will be, in the twenty-one Century.

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