EDUCAUSE | Contributed by Organizations or Campuses; Articles, Papers, and Reports; and Federal Copyright Law

Secrecy claims on copyright treaty

ckeller — Wed, 20 Aug 2008 12:13:46 -0500

The Bush administration's plans for a copyright treaty, dubbed "Hollywood's Christmas list" by privacy advocates, may be disrupted as protests over "secret negotiations" emerge in participating nations, including Australia, Canada and New Zealand.

Copyright Renewal, Copyright Restoration, and the Difficulty of Determining Copyright Status

ckeller — Tue, 05 Aug 2008 15:46:21 -0500

It has long been assumed that most of the works published from 1923 to 1964 in the US are currently in the public domain. Both non-profit and commercial digital libraries have dreamed of making this material available. Most programs have recognized as well that the restoration of US copyright in foreign works in 1996 has made it impossible for them to offer to the public the full text of most foreign works. What has been overlooked up to now is the difficulty that copyright restoration has created for anyone trying to determine if a work published in the United States is still protected by copyright. This paper discusses the impact that copyright restoration of foreign works has had on US copyright status investigations, and offers some new steps that users must follow in order to investigate the copyright status in the US of any work. It argues that copyright restoration has made it almost impossible to determine with certainty whether a book published in the United States after 1922 and before 1964 is in the public domain. Digital libraries that wish to offer books from this period do so at some risk.

ASPP's Best Practices for Locating Copyright Owners Of Photographic and Visual Art

ckeller — Tue, 29 Jul 2008 09:57:34 -0500

The American Society of Picture Professionals (ASPP) recommendations to tracking down copyright ownership for works primarily of US authors.

5 Things You Should Read about Copyright and Sharing Instructional Materials

ckeller — Thu, 10 Jul 2008 11:01:17 -0500

This ACRL publication serves to instruct and educate readers about topics relevant to library instruction, which are either timely or underdiscussed. The publication's emphasis is on current information packaged in a recognizable, consistent, readable way. It is intended to be a user-friendly entry into reading and keeping up with library instruction research and practice.

Full Report of the Section 108 Study Group

ckeller — Wed, 02 Apr 2008 13:19:08 -0500

The Section 108 Study Group is a select committee of copyright experts charged with updating for the digital world the Copyright Act's balance between the rights of creators and copyright owners and the needs of libraries and archives. The Study Group was convened as an independent group by the National Digital Information Infrastructure and Preservation program of the Library of Congress and by the U.S. Copyright Office. The recommendations, conclusions, and other outcomes of the Study Group's Report are its own and do not reflect the opinions of the Library of Congress or the U.S. Copyright Office.

Jury Sides With Blackboard in Patent Case

ckeller — Tue, 26 Feb 2008 11:26:30 -0600

A federal jury in Texas recently awarded the learning services giant Blackboard $3.1 million in its patent infringement lawsuit against a much smaller competitor, adding a new layer of complexity and uncertainty to a complex, uncertain market for higher education learning management systems.

Fair Use in the U.S. Economy

ckeller — Tue, 18 Dec 2007 11:29:32 -0600

While policymakers pay much attention to copyrights, exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of Fair Use, are vital to any industries and stimulate growth across the economy. Companies benefiting from fair use generate substantial revenue, employ millions of workers, and, in 2006,represented one-sixth of total U.S. GDP.

Under guidelines published by the World Intellectual Property Organization (WIPO), economic activity associated with copyrights has been studied extensively. To date, however, the economic contribution of industries dependent on fair use has not been quantified. Thus, a primary objective of this study is to fill the gap and provide an initial assessment of the economic contribution generated by companies benefiting from fair use. Fair use is an important restriction to the rights conferred on original works by the U.S. Copyright Act of 1976: "The fair use of a copyrighted work ... is not an infringement of copyright." The fair use doctrine, and other limitations and exceptions, have grown in importance with the rise of the digital economy, as fair use permits a range of activities that are critical to many high technology businesses and are an important foundation of the Internet economy.

The beneficiaries of fair use encompass a broad range of companies, particularly those whose business activities involve the Internet, as well as consumers. The ubiquity of the Internet means that its benefits are widespread as well.

Educational Fair Use Today

ckeller — Fri, 14 Dec 2007 11:10:56 -0600

Three recent appellate decisions concerning fair use should give educators and librarians greater confidence and guidance for asserting this important privilege. In all three decisions, the courts permitted extensive copying and display in the commercial context because the uses involved repurposing and recontextualization. The reasoning of these opinions could have far-reaching implications in the educational environment.

The Cost of Copyright Confusion for Media Literacy

ckeller — Mon, 19 Nov 2007 13:44:34 -0600

The fundamental goals of media literacy education -- to cultivate critical thinking about media and its role in culture and society and to strengthen creative communication skills -- are compromised by unnecessary copyright restrictions and lack of understanding about copyright law, as interviews with dozens of teachers and makers of media literacy curriculum materials showed.
In K-12, higher education, and after-school programs and workshops, teachers face conflicting information about their rights, and their students' rights, to quote copyrighted material. They also confront complex, restrictive copyright policies in their own institutions. As a result, teachers use less effective teaching techniques, teach and transmit erroneous copyright information, fail to share innovative instructional approaches, and do not take advantage of new digital platforms.
This is not only unfortunate but unnecessary, since copyright law permits a wide range of uses of copyrighted material without permission or payment. Educational exemptions sit within a far broader landscape of fair use. However, educators today have no shared understanding of what constitutes acceptable fair use practices.
Media literacy educators can address this problem with the same techniques they use in their work: increasing shared knowledge. Like other creative communities, such as documentary filmmakers, media literacy educators from K-12 to university level can articulate their own shared understandings of appropriate fair use in a code of practice. This code can educate not only themselves and their colleagues, but their students and administrators. Finally, their code can guide and instruct other educators, in formal and informal settings, who use copyrighted material in their teaching for a wide range of educational purposes and goals.

The Society for Cinema and Media Studies’ Statement of Best Practices for Fair Use in Teaching for Film and Media Educators

ckeller — Fri, 16 Nov 2007 09:34:24 -0600

The Society for Cinema and Media Studies ("SCMS") has created this Statement of Best Practices
for its membership to clarify some of the issues concerning the permissible use of media for teaching.