Transcript Copyright Study Guide

Copyright Study Guide
Karin Medin, Head of Access
Services/Assistant Professor
UALR
Recommended Sources Consulted
Recommended site
for study of law
• http://cyber.law.har
vard.edu/home/
Excerpts cited/summarized from
• http://exlibris.memphis.edu/ethics
21/archives/index.html
(archives section using copyright as
keyword, viewed 12/7/06)
• Joseph Raelin’s Work-Based
Learning: The New Frontier of
Management Development
(Prentice-Hall, 2000).
The Illusory Ethos of Distance Education
Graham Higgs, Columbia College of Missouri
John Budd, School of Information Science and Learning Technologies
• The transformation of the ethos in which
the ends for education are freedom and
dignity to one in which the ends are wealth
of corporations and a population of
educated servants of capitalism….
Should law protect the technologies that protect copyright?
Ian R. Kerr*, University of Ottawa
•
It is possible to encode various kinds of information into digital form,
duplicate the digital content without loss of fidelity, and transmit it to
incredible numbers of recipients worldwide at negligible incremental cost.
•
This new environment provides many opportunities for the rapid and
inexpensive dissemination of digital content. It also poses special
challenges for the enforcement of copyright in various kinds of digitized
works. As a result, rights owners in digital content are increasingly turning to
the use of technological protection measures to enforce and protect their
rights. Technological protection measures are one kind of answer to the
question of how to protect intellectual property in the digital age - namely,
through technology rather than law. While some technologies can be used
to protect the rights of intellectual property owners, other technologies can
also be employed to circumvent them. Given the ease of copying and
disseminating digital information upon circumvention, anti-circumvention
laws are an increasingly important consideration.
•
At the same time, it is important to remember that circumvention devices
can be used to both ignoble and noble effect: they can be used to infringe
copyright or, alternatively, to restore a work to the public domain. This
complicates the question whether law should be used to protect the
technologies that protect copyright.
A New day for Remote Learners: the TEACH Act and its
impact on closing the Digital Distance Education
Divide Tomas A. Lipinski, University of Wisconsin
•
… libraries are faced with an increased responsibility
to mediate the transfer and exchange of information
between copyright owners and users of that information.
…legislative attitude… has sought to maintain
technological neutrality in the copyright law.
• …fair balance of ownership and well as use rights is
eroding and is rapidly becoming little more than a
myth. As a result, those who have control of a
technologically-dependant medium, digital for example,
in fact control both the ownership and the access to
the work, without heed to users rights. This is the
triumph of private-negotiated rights over public-arbitrated
rights.
• A very recent example is found in S. 487,[19] pending
legislation to amend 17 U.S.C. 110(2) governing the use
of copyrighted material in distance education. Under the
revised subsection 110(2), the use of copyrighted
materials in online educational settings would be
conditioned upon extensive compliance and monitoring
provisions, such as expanded use of warning notices,
regulation of student access to secure site material and
the use of technological measures that prevent retention
or downstream distribution by students, and the
establishment and dissemination of a institutional
compliance policy.
As a result, institutions need to
increase employee and client
awareness of the risk of
inadvertent contract formation by
the activation of “I agree” icons in
web environs or from the use of
email correspondence and other
electronic communication.
• First, technological neutrality in copyright law is
undermined by the recent accentuated focus on
the functional technology and those who use
and supply it in addition to the initial infringing
actor and his or her relationship to the infringed
work. These developments impact the ability of
mediating organizations such as libraries and
schools to use existing content in the
development of new information products and
services and may slow or even stifle institutional
and industry innovation.
Unlike the use of a public park
surrounded by private land
there is no easement right
to gain access to the park.
• One must not only have a fair use
right to use the material but must also
have the permission to gain access
to the work. This is the triumph of
technological control over access
rights. Second, licensing systems
result in more restrictive limitations on
use and access to the acquired
content such as databases and
software than any legislative reforms.
Development of a Rights Culture
• Learning more about Fair use, Teach Act,
etc.
• Making Collective Decisions about What is
Fair (e.g. does one time use in a
classroom of an e-reserves item without
permission constitute a limit or since the
class participants are new each term does
that make it a first time use a different
semester)
Rate of Learning must =or>
Rate of Change
Choice of Reactions?
• Frantic Scurrying
• Development of “metaqualities”
–Open-mindedness
–Ingenuity
–Interest in Self Improvement
Work-Based Learning 101
• Learning occurs on the job
• Learning IS our job
• Learning to Learn (not just topics)
What is Learning to Learn?
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Reflection on what went wrong or right
Collegial interaction required
Promotes adaptive behavior
Drawing out of less structured elements
into a usable format.