EDUCAUSE | Fair Use

Copyright protection and the new stakeholders in online distance education: The Play’s the Thing

ckeller — Fri, 15 Aug 2008 14:33:46 -0500

This paper analyses the university as an Internet intermediary in the current climate of online distance education, classifies the stakeholders associated with the university in Web course management, and explores the need for an “Instructional Design Copyright Law”. The situation is likened to a theatrical production, with front-of-house preparations, backstage operations, and tragic characters.

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.

Code of Best Practices in Fair Use for Online Video

ckeller — Thu, 10 Jul 2008 10:36:42 -0500

This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.

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. "

A Steady Vision for Libraries

elilly — Mon, 14 Apr 2008 13:01:04 -0500

The following excerpt is based on an interview conducted by Gerry Bayne, EDUCAUSE multimedia producer, with James G. Neal,Vice President for Information Services and University Librarian at Columbia University.

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.

Update on Key U.S. Copyright Developments

ckeller — Fri, 29 Feb 2008 11:40:56 -0600

Copyright continues to be a core interest of the higher education and academic library communities. This briefing 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.

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.

Copyright Fair Use and the Economy

ckeller — Fri, 01 Feb 2008 09:11:26 -0600

The copyright legislative process in Washington traditionally focuses on increasing the protection provided to copyrights, based on the assumption that this will strengthen the economy. Recent research, however, indicates that 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 many industries and stimulate growth across the economy. In fact, business enterprises that benefit from fair use generate substantial revenue, employ millions of workers, and, in 2006, represented one-sixth of total U.S. gross domestic product. This economic research suggests that future copyright legislation needs to account for these important limitations if the policy-making process is to stimulate growth.

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.

Image Collection Guidelines

ckeller — Wed, 28 Nov 2007 11:50:48 -0600

These are guidelines in the acquisition and use of images in non-profit educational visual resources collections, written by the Visual Resources Association.

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.

When It’s OK to Copy

ckeller — Fri, 16 Nov 2007 09:37:31 -0600

"There are few circumstances in which it’s legal to copy a DVD and screen it in its entirety to an audience without paying royalties. One of them is in the classroom."

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.

Sharing Visual Arts Images for Educational Use: Finding a New Angle of Repose

ckeller — Mon, 08 Oct 2007 12:04:20 -0500

Educational institutions should be actively rethinking how they are accessing and using copyrighted visual arts images, and they should be exploring an approach that seeks to address copyright owners’ interests, as well as users’ needs, in an environment that encourages increased, shared access to these images for teaching and study.

Annual Copyright License—A New Tool for Permissions

ckeller — Mon, 01 Oct 2007 14:33:37 -0500

Colleges and universities routinely struggle to address their copyright licensing needs campus-wide. How do faculty, library, bookstore staff, and others on campus effectively assess and secure the rights to copy material for coursepacks, classroom handouts, reserves, course Web pages, e-mail, and more? Are instructors getting permission to post published content on course management systems and electronic reserves when fair use may not apply?

To address these challenges, CCC recently unveiled the Annual Copyright License for Academic Institutions, a comprehensive campus-wide license that permits campus faculty, staff, and researchers to use and share copyrighted text-based content online and in print. In this presentation, we will learn how staff members at Middlebury College, the license's charter client, helped CCC shape this new licensing service and how they're using it to address their copyright needs. This session will also include a brief overview of the license itself.

A Professor Pokes Fun at Copyright

drupal — Tue, 22 May 2007 16:17:39 -0500

A Bucknell University professor, Eric Faden, created a 10 minute film "A Fair(y) Use Tale" that uses Disney movie clips to explain current copyright law.

Backers of Stronger Copyright Laws Form Lobby Group

drupal — Mon, 21 May 2007 16:53:36 -0500

"Some of the staunchest advocates for stricter copyright laws have formed a new alliance designed to pressure Congress into preserving stronger intellectual property rights."

The Campus Guide to Copyright Compliance

drupal — Tue, 10 Apr 2007 10:37:33 -0500

The Campus Guide to Copyright Compliance was designed for academic institutions to help answer questions ranging from basic copyright law to the more complex topics of ILL and e-reserves.

YouTube, Copyright and Innovation

drupal — Tue, 20 Mar 2007 11:45:06 -0500

A blog entry discussing the recent Viacom copyright infringement lawsuit against YouTube.

An Online, Interactive Approach to Copyright and Intellectual Property Law Education

drupal — Thu, 15 Mar 2007 15:50:53 -0500

This presentation describes the development, use, and collaborative evaluation of the University of Minnesota Libraries' Fair Use Analysis tool. This interactive, online application is intended to educate the university community about, and foster compliance with, copyright and intellectual property law. Initial results indicate that using the tool improves both understanding of and reasoning about copyright law.

Guidelines for Fair Use in Education

drupal — Thu, 01 Mar 2007 12:46:42 -0600

Guidelines for Fair Use in Education at the University of Washington.

An Interview with Geneva Henry

mpasiewicz — Mon, 18 Dec 2006 10:37:49 -0600

In this 15 minute recording, we'll hear from Rice University's Geneva Henry about a range of topics including open source, connexions, intellectual property and more.

See also:
http://delange.rice.edu/conferenceVI.cfm
http://cnx.org/

This interview is provided courtesy of CNI and was recorded at their 2006 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

Hollywood vs. Your PC: Round 2

drupal — Mon, 02 Oct 2006 12:35:11 -0500

"Legal options in digital entertainment are growing. But they come with restrictions that can hobble your ability to enjoy the content you've paid for--and even threaten your control over your system."

An Interview with Google's Vint Cerf

mpasiewicz — Mon, 25 Sep 2006 13:41:11 -0500

This 25 minute recording provides coverage of an interview with Google's Vint Cerf. In a couple of weeks, Dr. Cerf will be speaking at our Annual Conference, and we hope to see you then. For now, let's listen in as we cover a range of topics including Google Video, digital preservation, intellectual property, net neutrality and high performance computing.

Scholarship and Academic Libraries (and their kin) in the World of Google

drupal — Wed, 06 Sep 2006 12:18:54 -0500

The prospect of ubiquitous digitization will not change the fundamental relationships among scholarship, academic libraries, and publication. Collaboration across time and space, which is a principal mechanism of scholarship, ought to be enhanced. Reforms in copyright law will be required if the promise of digitization is to be realized; absent such reform, there is a serious risk that much academically valuable material will become invisible and unused. Ubiquitous digitization will change radically the economics that have supported university–based collections of published material. Scholars and scholarly institutions (including libraries and university presses) must assert vigorously claims of fair use and openness.

Managing Intellectual Property for Distance Learning

drupal — Tue, 11 Apr 2006 14:27:13 -0500

The University System of Georgia selects intellectual property for inclusion in online courses using a formal protocol and assessment process.

DRM threatens 'fair use' rights

drupal — Mon, 13 Mar 2006 12:51:54 -0600

In his most recent rant about DRM (Jobs iPod Hi-Fi: Home stereo reinvented? Or load of HorseCRAP?), David Berlind once again reminds us why we should rail against Apple and its iTunes Music Service.

Will Fair Use Survive? Free Expression in the Age of Copyright Control

drupal — Mon, 06 Mar 2006 14:02:22 -0600

Are increasingly heavy assertions of control by copyright and trademark owners smothering fair use and free expression? The product of more than a year of research, Will Fair Use Survive? paints a striking picture of an intellectual property system that is perilously out of balance.

Promoting Copyright Education and Compliance on Campus

drupal — Tue, 28 Feb 2006 12:14:17 -0600

Eliminating copyright illiteracy is a challenge on any campus. Learn how Brigham Young University developed and implemented a variety of resources and tools to help educate their faculty, staff, and students on the basics of copyright.

Librarians Air Concerns About DRM

drupal — Thu, 09 Feb 2006 11:33:41 -0600

The author discusses librarians' concern over the use of digital rights management (DRM) how it will effect copyright law.

Google Cache Not a Breach of Copyright

drupal — Wed, 01 Feb 2006 11:25:50 -0600

"A US district court has ruled that Google's cache feature, which allows users to access snapshots of web pages taken when they were viewed by Google robots, does not breach copyright in those web pages. The ruling could help its Google Print dispute."

Campus Copyright Rights and Responsibilities: A Basic Guide to Policy Considerations

drupal — Fri, 16 Dec 2005 15:03:21 -0600

The American Association of Universities produced a new white paper designed to help colleges and universities navigate copyright issues. "Campus Copyright Rights and Responsibilities: A Basic Guide to Policy Considerations" presents information on copyright law and how it applies to traditional published works, digital materials, educational materials produced on campus, and library usage of copyrighted material.

Court Upholds Sizable File-swapping Fine

drupal — Tue, 13 Dec 2005 11:07:38 -0600

An appeals court has upheld a federal court ruling against a woman who had been sued by the Recording Industry Association of America (RIAA) for illegally trading music files. The RIAA initially offered Cecilia Gonzalez a settlement of about $3,500, which she rejected, and at her trial, a federal judge ruled in favor of the RIAA. In her appeal, Gonzalez argued that she had only downloaded songs with the intention of "sampling" them to decide if she wanted to purchase them and that this activity was protected under fair use. Gonzalez's computer contained at least 1,370 songs that she had downloaded. The three-judge appeals court rejected her argument and ordered Gonzalez to pay a fine of $22,500. In its opinion, the court compared her defense to a "thief's contention that he shoplifted 'only 30' compact discs, planning to listen to them at home and pay later for any he liked." The ruling gives the recording industry an appellate-court victory that--while only a formal precedent in Illinois, Indiana, and Wisconsin--is likely to bolster its legal efforts to curb illegal file trading.

Does Google Library Violate Copyright?

drupal — Fri, 02 Dec 2005 15:07:28 -0600

The author compares the two components of Google Print (Google Library and Google Publisher) and then explores the case both for and against the Authors Guild's lawsuit against Google Library.

Finding a Balance Between Digital Copyright and Consumers’ Rights

drupal — Fri, 02 Dec 2005 12:17:10 -0600

"In the war against piracy copyright holders are obtaining a new arsenal of tools in the form of Digital Rights Management (DRM) technologies to protect music, movies, video games and even broadcast television from illegal copying. But using such tools effectively without violating consumers' rights is a tricky obstacle."

Separating "Consumer Rights" From Copyright

drupal — Wed, 13 Jul 2005 11:53:24 -0500

This Blog entry discusses the Supreme Court ruling in MGM vs. Grokster in the context of consumer rights issues and the original Sony ruling.

Lawmaker Revs Up Fair-Use Crusade

drupal — Tue, 05 Jul 2005 11:42:00 -0500

This article details an interview with Rick Boucher, a Democrat representing the rural 9th District of Virginia, who has introduced a bill to restore some of the fair-use rights taken away by the Digital Millennium Copyright Act. He thinks tech companies shouldn't be held liable for products that can be used for unlawful purposes, like pirating media and also supports government sponsorship of universal broadband.

MGM vs Grokster Copyright Case Reviewed

drupal — Tue, 05 Jul 2005 10:53:41 -0500

This article discusses the many sides of the Supreme Court ruling on Grokster's P2P file sharing software, offering insights and predictions on the affect of it on the industry as a whole.

DMR: The Challenge of the Decade

drupal — Mon, 07 Mar 2005 16:26:01 -0600

"Is there such a thing as digital rights management? Maybe; but maybe not."

Concepts and a Design for Fair Use and Privacy in DRM

drupal — Mon, 28 Feb 2005 16:17:29 -0600

Typical digital rights management (DRM) systems used for piracy protection in content distribution provide access to encrypted content only on the hardware identified in a digital license. This hardware locking restricts fair use, e.g., by preventing copying content for private use. Using hardware identity, media distributors can also link together all customer purchases, which can threaten customer privacy. The need to design DRM systems and electronic commerce business models that allow fair use is commonly agreed. But the intelligence and contextual factors that a judge uses in interpreting the legal limits of fair use in the US cannot be fully implemented in the licensing rules of DRM systems. However, approximating fair use by licensing would be well in line with the requirement of the EU copyright directive and would also serve customers in the US by reducing the need for costly human evaluation. We propose approaching this problem by a set of new design concepts bringing access to process context information to DRM license control systems. These concepts provide privacy by separating user and product identities and by enabling distribution history tracking. The fair use licensing proposed does not violate privacy although it maintains the advantages of hardware locking. It also enables new added value services for customers on back-up services and on re-sales of content products.

Stealing the Goose: Copyright and Learning

drupal — Mon, 07 Feb 2005 11:57:06 -0600

The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are trying to close off the Internet commons and make it proprietary. These are the "copyright controllers." The preservation of the commons and expanding access to digital content and applications are very important for distance educators. The educational exemptions for "fair use" in the United States and "fair dealing" in the Commonwealth countries are integral to any understanding of copyright, which was instituted for the dissemination of knowledge, and not, as is commonly believed, to protect the rights of the copyright owners. Copyright law was expressly introduced to limit their rights. Yet, these controllers are successfully turning a "copy" right into a property right. The traditional rights of learning institutions are being taken away. The balance for researchers should be restored. Research and learning must be allowed the broad interpretation that was intended in the original laws.

Bloggers Beware: Debunking Eight Copyright Myths of the Online World

drupal — Tue, 14 Dec 2004 11:29:20 -0600

"A handful of myths have spawned practices, particularly among bloggers and Website owners, that turn copyright law on its head. These myths are rooted in the assumption that everything is up for use online unless and until proven otherwise." The author discusses these myths and their actual realities.

The Importance of Policies in E-Learning Instruction

drupal — Mon, 09 Aug 2004 12:04:35 -0500

Thoughtful policies on topics such as e-mail, electronic discussions, and intellectual property rights can keep an e-learning course running smoothly.

The DMCA Revisited: What's Fair?

drupal — Fri, 16 Jul 2004 11:59:06 -0500

This document discusses why "Fair Use" should be retained for digital material.

Fair Use Rights and Defenses for Students in Online Learning Environments

drupal — Thu, 25 Mar 2004 09:40:31 -0600

To support their students while protecting their institutions, instructors must understand the parameters of what is permitted use versus what is infringement with respect to copyrighted material accessible from online venues. Fair use rights and defenses under the Copyright Act, Digital Millennium Copyright Act, and other laws will be discussed.

Gray Matter: Copyright Law, Policy, Digital Works and Higher Education

drupal — Tue, 27 Jan 2004 11:28:25 -0600

Copyright law affects IT professionals serving in a wide variety of roles on campus. This presentation will discuss legislation that most directly concerns IT professionals, such as the recently passed TEACH Act, the Digital Millennium Copyright Act, Peer-to-Peer file sharing, and fair use. IT professionals will learn tips for helping their clientele use digital materials successfully without running afoul of the law. While copyright is by no means black and white, this presentation will give IT professionals an understanding of copyright law and some tools for helping their users better understand the law and its implications for teaching and learning.

Reply Comments of EDUCAUSE to the U.S. Copyright Office Concerning Promotion of Distance Education Through Digital Technologies

drupal — Wed, 31 Dec 2003 15:19:13 -0600

Reply comments submitted by EDUCAUSE concerning the promotion of distance education through digital technologies.