EDUCAUSE | Federal Copyright Law

EDUCAUSE Now - Show #5 - P2P Update & Data-Rich Blogging

gbayne — Thu, 10 Jul 2008 13:13:19 -0500

EDUCAUSE Now is a monthly podcast, focusing on the intelligent use of information technology in higher education. Each episode features a variety of stories, interviews, and views that relate to IT in higher education. Let us know what you would like to hear at podcast@educause.edu.

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This episode of EDUCAUSE Now features:

P2P Update: New Business Models, Old Ways of Thinking
(01:22–10:52)
The Electronic Frontier Foundation (EFF) is a nonprofit organization that fights for your rights in the digital realm. We interview EFF's staff attorney, Corynne McSherry, to hear the latest updates in the file-sharing debate and learn some new ways of thinking about the issue.
A Commentary from EDUCAUSE President Diana Oblinger
(10:52–14:16)
Diana contemplates what we mean by “communication” in a tech-savvy world.
Data-Rich Student Blogging: Reflection and Ownership in Learning
(14:53–21:43)
Biology professor Stephen Gallik noticed that more of his students’ time in the lab was spent on clerical tasks and record keeping than on reflection and learning. He collaborated with instructional technologists Jim Groom and Andrew Rush to design a flash application that saves time and publishes full lab results to a student’s own blog. A screencast demonstration of this application is also available.

Music for EDUCAUSE Now:

"Groove IT" by Denis Kitchen
“Electric Guitar 005” by Plastic Soul Band
“Rebirth” by Steven Host
"Butterfly Disease" by Undadogg
"Sunsand" by Sebastian6

Orphan Works Update: Bill Passes Judiciary Committee and Awaits Consideration on the Senate Floor

agould — Fri, 23 May 2008 10:27:51 -0500

After delaying consideration of S. 2913, the Senate Judiciary Committee finally took up and passed a bill that would reform copyright law relating to "Orphan Works." The bill, which passed the Judiciary Committee by voice vote on May 15, relates to those works that may be protected by copyright, but whose owners cannot be identified or located. These works may include writings, images, musical tracks, or videos.

Senator Patrick Leahy, the lead sponsor, says the legislation will help potential users of orphan works find the owners and consequently, help the owners receive compensation. The bill sets the rules for how potential users must conduct a good faith search for owners before they use a work. Leahy says this is not "a license to infringe." If it is determined that a user has not conducted a regulated search, he or she could be held liable for statutory damages amounting to as much as $150,000.

"More creative works will be used, contributing to our cultural and artistic heritage, and more creators will receive compensation for use of their work," said Leahy in a press release.

During its work on the bill, the Committee added changes that strengthened requirements on what constitutes a qualifying owner search. Also, S. 2913 specifically says that if a copyright owner emerges after the work is used, the user must pay reasonable compensation and stop using the content.

Senators Patrick Leahy and Orrin Hatch introduced the legislation on April 24 this year. It is uncertain when or if the bill will receive consideration on the Senate floor. The House has a companion bill, H.R. 5889, which is currently awaiting consideration in the House Judiciary Committee. On May 7, the House bill was reported favorably out of the Subcommittee on the Courts, Internet, and Intellectual Property.

Section 108 Copyright Study Group's Report Recently Released

agould — Mon, 07 Apr 2008 14:19:22 -0500

The Section 108 Copyright Study Group (www.section108.gov), which was assembled to study and look for potential changes to copyright law, released its report on March 31. Established under the watch of the Library of Congress, this group of independent experts was charged with finding areas in copyright law that might need changes in order to better balance the positions of rights holders and "cultural memory organizations such as libraries and archives in the digital world."

The group has worked on this issue for nearly three years. Among their recommendations, they conclude:

Museums should be included for Section 108 eligibility, since they perform many of the same functions as libraries and archives.
A new exception should be added to Section 108 to permit certain qualified libraries and archives to make preservation copies of at-risk published works prior to damage or loss.
Libraries and archives should be permitted to make a limited number of copies to create and maintain a single replacement or preservation copy. This would allow libraries to more securely preserve digital materials.

For more information, please see their full report at:http://www.section108.gov/docs/Sec108StudyGroupReport.pdf.

EDUCAUSE Live! Podcast: Update on Key U.S. Copyright Developments

gbayne — Thu, 27 Mar 2008 17:57:02 -0500

In this EDUCAUSE Live! podcast, join host, Steve Worona, for the topic "Update on Key U.S. Copyright Developments". Steve's guest is James G. Neal, Vice President for Information Services and University Librarian at Columbia University .

Copyright continues to be a core interest of the higher education and academic library communities. This briefing focuses on eight critical legislative and legal arenas where the United States will be working on copyright: orphan works, digital fair use, broadcast flag, Section 1201 anti-circumvention rulemaking, electronic reserves, peer-to-peer file sharing, open access to government-funded research, and the report of the Section 108 Study Group on exceptions and limitations for libraries and archives. The work of the study group is highlighted, including its primary findings and recommendations. In addition, two important recent studies are described and their importance for libraries are cited. The advocacy and educational roles and responsibilities of librarians on copyright also is outlined.

Tune In Feb. 29 for a Free Web Seminar Updating Key Copyright Developments in the U.S.

pkurkowski — Thu, 21 Feb 2008 16:20:39 -0600

Copyright continues to be a core interest of the higher education and academic library communities. In this briefing, Update on Key Copyright Developments in the U.S., presenter James G. Neal, Vice President for Information Services and University Librarian, Columbia University, will focus on eight critical legislative and legal arenas where the United States will be working on copyright: orphan works, digital fair use, broadcast flag, Section 1201 anti-circumvention rulemaking, electronic reserves, peer-to-peer file sharing, open access to government-funded research, and the report of the Section 108 Study Group on exceptions and limitations for libraries and archives. The work of the study group will be highlighted, including its primary findings and recommendations. In addition, two important recent studies will be described and their importance for libraries will be cited. The advocacy and educational roles and responsibilities of librarians on copyright also will be outlined.

Those unable to attend may wish to visit the archives after the event or browse related EDUCAUSE resources on Anti-Circumvention Restrictions or Copy Protection Devices, Copyright, DMCA, Fair Use, Federal Copyright Law, Intellectual Property, and P2P or File Sharing.

CNI Podcast: An Interview with Jim Neal, VP for Information Services and University Librarian, Columbia University

gbayne — Wed, 09 Jan 2008 17:58:49 -0600

In this 20 minute podcast, we feature an interview with Jim Neal, Vice President for Information Services and University Librarian at Columbia University. He provides leadership for university academic computing and network services as well as a system of twenty-five libraries. He also works with the Electronic Publishing Initiative at Columbia (EPIC) and the Columbia Center for New Media Teaching and Learning (CCNMTL). He serves on key academic, technology, budget and policy groups at the University.

Neal has also represented the American library community in testimony on copyright matters before Congressional committees and was an advisor to the U.S. delegation at the World Intellectual Property Organization (WIPO) diplomatic conference on copyright. He has worked on copyright policy and advisory groups for universities and professional and higher education associations. He was selected the 1997 Academic/Research Librarian of the Year by ALA's Association of College and Research Libraries.

Neal has served on the Council and Executive Board of the American Library Association (ALA), on the Board and as President of the Association of Research Libraries (ARL), and as Chair of OCLC's Research Library Advisory Council. He currently is Chair of the Board of Directors of the Research Libraries Group (RLG) and on the Board of the National Information Standards Organization (NISO). He has also served on numerous international, national and state professional committees, and is an active member of the International Federation of Library Associations (IFLA).

This interview is provided courtesy of CNI and was recorded at their 2007 Fall Task Force Meeting. The Coalition for Networked Information (CNI) is an organization dedicated to supporting the transformative promise of networked information technology for the advancement of scholarly communication and the enrichment of intellectual productivity. You can learn more about CNI at their web site, http://www.cni.org

Tune In Feb. 15: EDUCAUSE Live! Web Seminar on the Information Commons and the Future of Innovation, Scholarship, and Creativity

cluckett — Tue, 06 Feb 2007 13:22:00 -0600

This free February 15 EDUCAUSE Live! Web seminar will address how intellectual property law and communications policy affect competition, innovation, creativity, and free speech. Gigi B. Sohn, President and Founder of Public Knowledge, will discuss current policy debates before Congress, the Federal Communications Commission, and the U.S. Copyright Office that could impact these values and the higher education community. Those unable to tune in can visit the archives after the event.

Important Announcement: EDUCAUSE-Sakai Statement on Blackboard Patent Pledge

cluckett — Thu, 01 Feb 2007 10:31:55 -0600

Since early November 2006, EDUCAUSE has been engaged in ongoing discussions with Blackboard regarding their assertion of patent rights and the concerns raised in a letter to the Blackboard leadership [PDF 38.9 KB] EDUCAUSE President Brian Hawkins sent in October on behalf of the EDUCAUSE Board of Directors. Other groups, including The Sakai Foundation, have also been engaged in discussions on this matter.

Today, February 1, 2007, Blackboard announced a non-assertion pledge that directly emanates from these discussions. The boards of directors of EDUCAUSE and The Sakai Foundation have agreed to and have issued a joint statement [PDF 41.2 KB] about this pledge.

Commmittee Releases Updated Paper on Student File Sharing

lgesner — Wed, 15 Nov 2006 15:08:03 -0600

The Joint Committee of the Higher Education and Entertainment Communities has distributed an updated white paper—Background Discussion of Copyright Law and Potential Liability for Students Engaged in P2P File Sharing on University Networks. EDUCAUSE serves as staff to the Committee’s Technical Task Force. View EDUCAUSE resources on P2P/file sharing.

New Video Educates Students on Illegal File Sharing

cluckett — Tue, 22 Aug 2006 11:01:24 -0500

In working with EDUCAUSE and the American Council on Education (ACE) to address the consequences of illegal file sharing, the Recording Industry Association of America (RIAA) has developed a short video that can be used to educate students about this important issue. The video, titled "Campus Downloading," could be used during student orientation sessions, linked to when students log on to campus accounts, or broadcasted on student life television channels. Preview the video or order a free DVD. View additional resources on file sharing.