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

In Lawsuit, University Asserts That Downloading Copyrighted Texts Is Fair Use

ckeller — Mon, 07 Jul 2008 12:05:17 -0500

"In a closely watched copyright-infringement lawsuit, Georgia State University fired back this week at its accusers, three academic publishers that say the institution invites students to illegally download and print readings from thousands of works. The university asserts that its online distribution of course material is permitted under copyright law's fair-use exemption. "

Open Doors and Open Minds: What Faculty Authors Can Do to Ensure Open Access to Their Work Through Their Institution

ckeller — Mon, 30 Jun 2008 16:29:28 -0500

Recently, on February 12, 2008, the Faculty of Arts and Sciences (FAS) at Harvard University took a landmark step. The faculty voted to adopt a policy requiring that faculty authors send an electronic copy of their scholarly articles to the university’s digital repository and that faculty authors automatically grant copyright permission to the university to archive and to distribute these articles unless a faculty member has waived the policy for a particular article. Essentially, the faculty voted to make open access to the results of their published journal articles the default policy for the Faculty of Arts and Sciences of Harvard University.

Inspired by the example set by the Harvard faculty, this White Paper is addressed to the faculty and administrators of academic institutions who support equitable access to scholarly research and knowledge, and who believe that the institution can play an important role as steward of the scholarly literature produced by its faculty. This paper discusses both the motivation and the process for establishing a binding institutional policy that automatically grants a copyright license from each faculty member to permit deposit of his or her peer-reviewed scholarly articles in institutional repositories, from which the works become available for others to read and cite.

Winning Hearts and Minds in War on Plagiarism

ckeller — Mon, 07 Apr 2008 10:34:22 -0500

To many writing instructors, going nuclear (expulsion threats) or high tech (detection software) have failed to stop cheating. So they aim for small victories, through new approaches to teaching about academic integrity.

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.

Open Access in 2007

elilly — Fri, 15 Feb 2008 12:50:38 -0600

Peter Suber shares his annual review of the open access movement. The article highlights 15 categories of open access activity in 2007.

Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video

ckeller — Fri, 04 Jan 2008 14:14:28 -0600

As online video burgeons, so do questions about what kinds of uses of copyrighted works are legal online. Inevitably, those questions will be settled at least as much by practice and private negotiation as by legal action. Recent discussions of filtering and monitoring practices for platform providers show the importance of identifying lawful uses, while meeting industry concern to limit unauthorized use of copyrighted material. This study showcases user practices in use of copyrighted works within their own online videos at the dawn of this process. It identifies nine common kinds of re-appropriation practices, including satire and parody, criticism, and video diaries. It shows that a substantial amount of user-generated video uses copyrighted material in ways that are eligible for fair use consideration, although no coordinated work has yet been done to understand such practices through the fair use lens.
Thus, a significant set of creative practices is potentially both legal and at risk of curtailment by currently discussed ways to control online piracy and theft of copyrighted works.

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.

Ending the Intellectual Property Frenzy

ckeller — Wed, 28 Nov 2007 10:05:03 -0600

New president of Rochester Institute of Technology proposes alternate way for academe to support business and the economy — and it involves admitting that your institution won’t have a big windfall.

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.