Transcript ETHICAL AND LEGAL ISSUES IN INFORMATION MANAGEMENT, ACCESS

ETHICAL AND LEGAL ISSUES IN INFORMATION
MANAGEMENT, ACCESS AND USE IN THE DIDGITAL
ENVIRONMENT
by
EGUNJOBI, R.A. PhD
COLLEGE LIBRARIAN
ADEYEMI COLLEGE OF EDUCATION, ONDO
4TH ANNUAL NATIONAL SEMINAR/ WORKSHOP OF THE ACADEMIC AND
RESEARCH LIBRARIES SECTION, UNIVERSITY OF CALABAR, 20TH-23RD,
2012
Transformation of information
media
Paper
• 1960s
• Information
store in
paper files
Electronic
(Audio and
video)
• 1970s
• Information
stored in
audio/video
cassettes
and CDs
Digital
(Multiple
channels)
• 1980s
• Information
stored in
networks- ICT
and Web
INTRODUCTION
Information Management could therefore be seen as the
organization of and control over the structure, processing
and delivery of information.
Information management (IM) has been described as the
collection and management of information from one or more
sources and the distribution of that information to one or
more audiences. This sometimes involves those who have a
stake in, or a right to that information. (Wikipedia, 2000)
information sharing, access and use are essentially the core
of information management
The advent of information technology has changed the face
of information sharing, access and use all over the world.
INTRODUCTION Contd
Before the 1970s, information management was
limited to files, file maintenance, and the life cycle
management of paper-based files, other media and
records.
Information today includes both electronic and
physical information including
data, paper
documents, electronic documents, audio and video
Information today is delivered through multiple
channels like cell phones and web interfaces. This
reality gave birth to the acceptance in the late
1980s that the world is operating in a digital
environment.
INTRODUCTION Contd
Libraries and information centres in Africa are also not left
out of this transformation from print to digital information
This transformation has also brought with it new
opportunities and challenges in creation, processing,
storage, dissemination and management of information.
These among others are:
0 Information and Communication Technology infrastructure
0
0
0
0
issues,
issues of access and fair use,
legal issues
funding
and ethical issues
What are the ethical and legal
issues in librarianship?
What are ethics ?
 Lynch (2000)- moral choices made by individuals in relation
to the rest of the community, standards of acceptable behavior,
and rules governing members of a profession.
McMenemy, Poulter & Burton, (2007) -“choices made
and the actions undertaken by the individual and
how these impact on wider society”
Ethical issues are issues of human conscience; what
man feels right or wrong
Ethics of Librarianship
0
ethics of a profession - statement of principles that
guide the practice of that profession, the values and
the responsibilities of the profession.
0 Librarianship is a profession that has its own ethics
well spelt out.
0 Sturges (2009)- Ethics of Librarianship not different
from media and press ethics, computer and Internet
ethics, and ethics of governance and business
0
core issues-
intellectual freedom, privacy and
secrecy, social equity and justice and ownership of
information.
Ethics of Librarianship Contd
No handy document on ethics of library
practice in Nigeria,
the American Library Association (ALA)
code of ethics adopted for the for the
purpose of this discussion,
 The main issues in the code of ethics is
reproduced hereunder for the purpose of
this discussion:
Ethics of Librarianship- main issues
main issues include
intellectual freedom,
censorship of library resources
intellectual property rights
 relationship with colleagues
 professional development of members /capacity
building.
these are 'traditional ethical issues’
 They also remain constant in a digital
environment
1960s-paper
1970s-Electronic
1980s-Digital
• intellectual
freedom,
• intellectual
freedom
• intellectual freedom
• censorship of
library resources
• censorship of
library resources
• intellectual
property rights
• intellectual
property rights
• relationship with
colleagues
• professional
development
/capacity building
• censorship of library
resources
• intellectual property
rights
•
relationship with
colleagues
• relationship with
colleagues
•
• professional
development
/capacity building
professional
development of
members /capacity
building
•
information
overload
•
digital divide.
ethical issues and legal issues- any
relationship?
Ethical issues are issues of human conscience; what
man feels right or wrong,
there are powers and authorities enforcing legal
issues
Both issues are sometimes usually related and
interwoven
where there are no laws or where laws are not clearly
spelt out, ethics cover up
Within the interval of advancement and the
establishment of related laws, the right or wrong use
usually decided by peoples’ conscience
Our summary
traditional library ethics overlap with digital ethics but
with new additions
ethical and legal issues in information service cannot
be separated.
These include
intellectual freedom,
censorship,
intellectual property rights,
relationship with co-workers
capacity building
privacy and security
information overload
digital divide.
Intellectual property right
0 The World Trade Organization (WTO) defined it
as the rights given to persons over the creations
of their minds
0 Here, the creator is given an exclusive right over
the use of his/her creation for a certain period
of time.
0 Intellectual property rights comprise copyright
and rights related to copyright and Industrial
property.
0 However, the focus of this discussion is mainly
on copyright
Copyright
 a legal device that provides the creator of a work of
art or literature, or a work that conveys information or
ideas, the right to control how the work is used
(Fishman, 2008)
 forbids unauthorized reproduction, distribution,
performance, or display of works without the consent
of its creator
 protects the commercial value of the work and help
the author to have some economic gain for his
invention
applies to both published and unpublished original
works of authorship (literary, musical, dramatic, graphic,
audiovisual, architectural works, and sound recordings)
The four main areas of
protection
the right to make copies of the work
sell or otherwise distribute copies of the
work
prepare new works based on the
protected work
and perform the protected work (in
stage play or painting)
Copyright law and libraries
Copyright law affects the services libraries provide to
users, and the conditions of providing access to
copyright materials.
It permeates both traditional and digital library
service
 It is also both an ethical and a legal issue in
information service
The copyright challenges of the traditional library
system are those brought by photocopy machines,
videocassette recorder (VCR), and tape recorders.
Additionally, these existing laws are now being
challenged by electronic information systems.
Copyright challenges in electronic
information systems.
 the ease with which electronic files can be
distributed creates problems within existing
copyright law:
 either the law does not address the
peculiarities of electronic information or the
law is too easily subverted by the ease with
which files can be copied and transferred
 difference in copyright laws in different
countries creates problem of enforcement on
information made available digitally in other
places
fair use and plagiarism.
Associated with copyright are two main issues
of fair use and plagiarism.
fair use implies using another person’s work
fairly, causing no injury to his copyright,
there are no universally accepted standards or
guidelines.
 It is left to the judgment of the individual user
of the copyrighted work
enforcement of the underlying principles of fair
use is difficult if not impossible
The questions the user will ask
Is the new work merely a copy of the original?
Does the new work offer something above and
beyond the original?
Is the use of the copyrighted work for nonprofit
or educational purposes?
Is the copyrighted work a published or
unpublished work?
Is the copyrighted work out of print?
Is the work factual or artistic?
Does the amount you use exceed a
reasonable expectation?
Is the particular portion used likely to
adversely affect the author's economic gain?
How
• Does the work
much
appeal
to
the
same
does the
audience as the
new
original?
work
• Does the new work
differ
contain anything
from the original?
original?
it is NOT fair use If
× it is simply a copy of the original
× it is a copy of an unpublished work
× tends more toward artistic expression
× it approaches 50 percent of the entire
work
× the "heart" or "essence" of a work is
used
it is fair use if
the work is altered significantly
used for another purpose or
appeals to a different audience
 the work is used for nonprofit
or educational purposes

Food for thought
?????????????
Is it possible to have fair use of
information resources in Nigeria?
And if yes, to what extent?
Plagiarism?
 to steal and pass off (the ideas or words of
another) as one's own, to use (another's
production) without crediting the source
to commit literary theft or to present as new
and original an idea or product derived from an
existing source
 plagiarism is stealing someone else's work and
lying about it afterward
It is plagiarism if you
turn in someone else's work as your own
 copy words or ideas from someone else without
giving credit
 fail to put a quotation in quotation marks
give incorrect information about the source of a
quotation
change words but copy the sentence structure of a
source without giving credit
copy so many words or ideas from a source that it
makes up the majority of your work, whether you
give credit or not

Plagiarism-Digitized or traditional
Digitized or traditional-information is
not different
 copying digitized information is
similar to copying from a printed
source.
As such the same rules apply in both
cases
?????
Having examined copyright and her twin
relatives
the questions to ask here are:
• How does copyright law apply to the digital and online
worlds?
• What constitutes fair use and plagiarism in this new
environment?
• What will be the role of libraries in this environment?
Role of libraries in Digital environment?
(IFLA resolutions of 2000)
libraries and librarians’ critical role remains
unchanged- ensuring access for all in the
information society.
Now done in an information network
environment.
 traditionally libraries purchased copies of
copyright works for inclusion in their
collections, if the same applies to digital
information, meeting the needs of users may
be restricted.

Copyright application to digital info?
IFLA advocated for reasonable access to copyright
works in the digital environment to remove the
barrier of access to those who cannot afford to pay.
libraries and citizen’s should be allowed access and
use without payment for purposes which are in the
public interest and in line with fair practice such as
education and research,
 digital information is not different, so, the Berne
Convention should equally apply to information in
electronic form.
Copyright application to digital info Contd
• without a charge or permission, library users
should be able to:
browse publicly available copyright material
read, listen to, or view publicly marketed
copyright material privately, on site or remotely
copy, or have copied for them by library and
information staff a reasonable proportion of a
digital work in copyright for personal,
educational or research use.
The challenge
 maintaining
a balance between
 protecting the right of authors
informing and educating users about copyright
law
 discouraging piracy, unfair use and unauthorized
exploitation
 facilitating
access to the increasing number
of local and remote electronic information
resources
Intellectual FreedomIntellectual freedom is the essential tenet
of librarianship.
At the core of intellectual freedom are free
access to information and freedom of
expression.
freedom of access to information has long
been regarded as one of the key values of
librarianship.
Intellectual
Property
Freedom of
Access
Free
Access
Free of
expression
Privacy
Free Access, Free Expression
+ It is the responsibility of libraries to guarantee and
facilitate access to all expressions of knowledge and
intellectual activity, including those which some
elements of society may consider to be
unconventional, unpopular or unacceptable
(Canadian Library Association (CLA), 1976)
+ Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold
opinions without interference and to seek, receive
and impart information and ideas through any
media and regardless of frontiers. (Article 19,
Universal Declaration of Human Rights)
the challenges
 in maintaining intellectual freedom, there are two
major ethical challenges- providing access and
maintaining privacy and confidentiality.
World Intellectual Property Organization (WIPO)
Copyright Treaty of 1996 provides that users of digital
works continue to have statutory rights of access to
information in the same way as users of analogue
works
 American Library Association’s (ALA) Code of Ethics
for members stressed the responsibility to protect the
rights of library users to privacy and confidentiality
regarding information that they have sought or
received and resources that they have consulted,
borrowed, acquired, or transmitted.
free access ?
The subject of free access is a major challenge to
libraries in a digital environment
 some authors have devised their own systems of
protecting and controlling their works
They now employ the use of digital rights management
(DRM)
DRM covers issues like product authenticity, user
charges, terms-of-use and expiration of rights.
With DRM, copyright is being extended beyond the
realm of protection - into the realm of complete control
over works which may hinder certain legitimate
practices or uses of works(Nicholson 2009)
Privacy?
privacy remains one of the most discussed and worriedabout aspects of today’s information age (Waldo, Lin and
Millett, 2007).
0 It is also a major question confronting users’ rights to
access information.
0 Libraries of all types see their core mission as storing and
organizing information so that it can be accessed by their
patrons.
0 They also see privacy as a necessary condition for the
accomplishment of the primary goal,
0 libraries do keep significant amounts of personal
information about their patrons, especially on their
intellectual lives which technologies can make available
for access- what do we do?
0
A scenario
librarians in other climes have had to confront situations where they
needed to make tradeoffs between privacy and such other values as law
enforcement, and security.
When legislation is used, for example, to obtain library users’ borrowing
records and to carry out surveillance in libraries, with the desire to
scrutinize and limit their activities, for security reasons-What do we do?
In this kind of situation, the library profession had a responsibility to help
protect society against terrorism, but it also has a duty of client
confidentiality.
The end result of tradeoffs between security issues and the breaching of
patrons’ privacy by libraries in the past has always been in favor of privacy
of the patrons
Censorship
 traditional
or digital -there is a direct linkage between
censorship and information dissemination
 Libraries are supposed to operate a “no censorship”
principle
. "No censorship" means the inclusion of library resources
in a library collection for the interest, information, and
enlightenment of all people without consideration for the
origin, background, or views of those contributing to their
creation.
Censorship is using the origin, background, or views of
those contributing to their creation as basis for be
exclusion of a material in the collection of a library
Censorship- Who& What
0 Censorship is usually defined in line with the
entity that does the censoring and what is
being censored.
things(What)that are usually censored are
 ideas
books
 electronic media
0 entities (Who) that do the censoring include
 governments-local, national or international
organizations
libraries
Positive?
Censorship
Information suppression.
Propaganda
Government conspiracy
Dictatorship
Totalitarianism
Why censorship?
Traditionally, censorship of materials
usually results from issues of
national security
cases of obscene materials which are
against societal norms and standards
issue of censorship still remains relevant
with digitized information but with a
slight change
Censorship of digitized information
with the advent of the Internet, government
control over the “masses” has lessened
Though Governments don’t have direct
control, they still use corporations in
information technology.
 big corporations, especially in the technology
sector now take part in censoring.
the central concern for censorship still
remains security and obscene materials.
Examples of Digital censorship
The Chinese government uses Internet search engine
Baidu to censor a huge list of “undesirable” sites and
searches at the behest of the socialist government.
 This censorship includes any content that criticizes the
ruling Communist Party.
Here, the entity that censors is the government.(Security
reasons)
 Google’s recently attempted to tackle the problem of
child pornography on the Net. It has reconfigured one
of its filtering algorithms to recognize and filter certain
patterns that are indicative of pedophilic or other such
obscene conduct.
 Here, the entity that censors is the IT Organization.(Social norms)
how does this affect library services?
Libraries are expected to provide materials and
information presenting all points of view
 libraries will only collect what is found in the
information market.
 librarians consider some factors as reasons for either
inclusion or exclusion of particular materials.
 it is difficult to delineate between selection and
censorship (Moellendick, 2009)
In real practice, issues of relevance, social acceptability,
political acceptability, morality and community
interest play major roles in decision making (Coyle, 1995; Moellendick,
2009).
The digital divide
It is the gap between those that have, and those that
do not have access to the information technologies.
 the differing amount of information between those
who have access to the Internet and those who do not
have access.
 it is an inequality between groups, in terms of access
to, use of, or knowledge ICT
Also referred to as the digital split or the information
divide.
 not necessarily determined by the access to the
Internet, but by access to ICT and to media that the
different segments of society can use.
Where in the divide?
We cannot shy away from the importance of
the internet in a digital environment.
The central issues are
 availability of ICT
 access at an affordable cost
 quality
people’s access to the internet is a definition of
where they are in the digital divide.
The question now is ‘Where are we?’
Whither Nigeria?
 it is evident that the percentage of persons that could
afford internet access is small.
56% of Americans and 74% of Europeans have
internet access, only 13% of Africans use the internet
(International Communication Union, 2011).
More specifically, only 28.4% of the Nigerian
population use the internet.
Even in this decade of digitization, not many of
Nigerian libraries could really provide access to
virtual information for her patron.
This calls for urgent and radical steps to be taken for
improvement
Capacity building
Means strengthening the skills, competencies and abilities of
people and communities so they can overcome the causes of
their exclusion and suffering.
an ongoing process through which individuals, groups,
organizations and societies enhance their ability to identify and
meet development challenges (Catholic Relief Services , 2012)
 objective of capacity building in librarianship is to enhance the
skills and ability of librarians
working with ICT in information service requires more skills
than what is given in contemporary library schools
There are practicing librarians that are not ICT literate, the
literate have limited skills in exploitation of ICT.
Let us ask if libraries make enough provision for training and
retraining of their staff.
What to be done
Librarians must ensure the free flow of information
to the widest possible audience and in whatever
possible format
Librarians will need to step up a global campaign in
favour of balanced copyright.
Librarians need to mount up workshops and
seminars for users on copyright issues of
plagiarism and fair use
Libraries in Nigeria need to embrace
provision of virtual access to information.
Government needs to institute national programs
that will help make access to ICT and virtual
information cheap and affordable
Thank you for
listening