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Second Edition
Addresses the TEACH Act
Limited
Commercial Viability
Would NOT be assigned to
Mark Twain’s bathtub!
Link TEACH Act
Benefits of a Strong Copyright Policy
Coming StormLooking for a Safer Harbor
Anticipating the coming storm
More Aggressive Litigation
Demonstrating to the Court – diligence in
facilitating compliance with Fair Use and
understanding of Fair Use by
Faculty and Students
Let it be someone else unprepared Let it be someone else unprepared standing alone in that dark night.standing alone in that dark night.
Every presentation made,
Every circular presented,
Every webpage published…
Made with a two-fold purpose:
1. Guide and educate students and faculty;
2. Demonstrate to the Court diligent effort to understand the law of copyright and to comply with the law of copyright.
Purposes of Policy
Teach Act
ALA Position TEACH Act
CU Copyright Policy
Policy should withstand the test of time and rarely be modified.
The policy should reflect the mission of the law library, law school and university.
The guidelines can be tweaked.
Intranet the most pervasive means of communication.
Presentation the most effective means of communication.
QUALIFIED IMMUNITY
RIAAMPA
Licensing Partners
Serious Plaintiffs with
Political Influence and Deep Pockets
Trick is to obtain it and to keep it.
Fair UseCopyright Infringement
and Damages
Standards for copies.
“Key Issue in Copyright in the Higher Education Environment”
Communicating the fundamentalsand an understanding of
the consequencesof copyright infringement.
Credibility a Big Issue
A) Sued;
B) Arrested;
C) Sued and Arrested;
D) Fined;
E) Fined and Jailed;
F) Jailed;
G) All of the above;
H) None of the above;
I) Three of the above.
Let me get this straight:
Am I going to be:FINED A LOT
$200.00
to
$150,000.00
Per Incident
EMBARRASSED EVEN MORE!
Students and Faculty
equally at risk.
Genessee Library’s Book Mouse – Flint Michigan
-- Justice Souter Question to counsel for the RIAA during the Grokster oral argument in target upstream technologies rather than the people doing the infringing.
Grokster – An attempt to target upstream
technology.
TEACH Act – An effective attempt to target upstream
Universities.
Every copyright presentation
Every copyright policy
Every case interpretation
Should keep in mind the
song of
THE POLICE
Every Breath You Take -- Police
Every breath you take, every move you make
Every bond you break, every step you take I'll be watching you.
Every single day, every word you say;
Every game you play, every night you stay;
I'll be watching you.
Audio
Permission Requests
All of the aspects of a comprehensive copyright policy are related:As we get serious about fair use, we have to get serious about getting permission.As we get serious about getting permission, we have to get serious about licensing comprehensive access.As we get serious about protecting every else's copyrights, we'd better get serious about our own copyrights and begin to manage them more effectively.
Univ Texas http://www.utsystem.edu/ogc/intellectualproperty/polcydev.htmUniv North Carolina
Georgia Harper – University of Texas
Permission RequestsCourse Packs
Course Packs still an Issue
Numerous Law Suits
Publishers Vigilante in This Regard
MLA Position
Univ Texas http://www.utsystem.edu/ogc/intellectualproperty/polcydev.htmUniv North Carolina
Link - Cases
The End User – The Researcher/Presenter
The Provider – Library
Legally Acquired/Legally Applied
The Law of Copyright is Real.
The Sanctions are Real.
Use of two paragraphs from library database…
resulted in a $25,000,000.00 demand letter from the publisher.
Settled out of court. Expensive.
To Ohio State University
Professor
LOST THAT JOB
Yes, that was 25 million not 25 thousand.
Permission Requestthe Point at which the
Use Status is determined.
Develop an Online System
Fair Usev.
Contracted Use
Fair Use Rights may be
Limited by Contract
Difficult Concept
When someone wants an article.
Educate, Educate, Educate
Any time…Any place…Any means!
Licensing restrictionsare not fully understood
by faculty, students and staff.
Confused with Fair Use.
Licensing restrictionsare
breach of contract actions.Consistently explain the
distinctions.
GOING PLACES…………….
Criminal Liability if a law was broken.
Civil Liability if someone was hurt.
The Best Analogy:
The Serious Business of Licensing and Contracting
University Texas Guidelines
on • Licensing and • Contracting
Constantly make the distinction between being a copyright pirate
andbreaching a contract.
Calculated Risk?
Apply Risk Ratio
Link
PEER TO PEER
The TEACH Act is very clear:
A University has the responsibility to employ technology where reasonable and available to limit pirating.
Attempt to block P2P bleeds over into more traditional University activities.
Great hue and cry for less restrictive copyright terms from the public!
Success in resistance to the public demand to greater access.
Congress will not create exceptions.
The Supreme Court will not review the congressional law with regard to copyright.
The Term of The Term of Copyright Copyright
never gets shorter.never gets shorter.
• 1790 -- 14 to 28 years
• 1831 -- 28 to 42 years
• 1909 -- 28 to 56 years
• 1976 -- Life of author plus 50 years
• 1998 -- Life of author plus 70 years
Link
Are you an ISP?
See Cornell Policy and understand the logic.
automatically block the alleged infringers' access to the Internet (but not the campus intranet, so that they can
receive internal electronic mail and do their course work).
http://www.cit.cornell.edu/computer/responsible-use/
Link
Do not tell students only what they cannot do.
Educate them on what they can do.
Provide public domain resources.
Plagiarism Link
Plagiarism DetectionThat Violates a Student’s Rights
• Turn it in is the most flagrant violation of a student’s right. student work is retained in order to enlarge the database. 1M papers.
• Copy Catch and EVE2 do not retain papers.
It is not the function of the poet to relate what has happened, but what may happen - what is possible according to the law of probability or necessity.
Poetics -- Aristotle Chapter Nine
"The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
The primary objective of copyright is not to reward the labor of authors, but to promote the Progress of Science and useful Arts.
– The United States Supreme Court
Income to author was not the original purpose of copyright law.
Income to the author is a by product of the progress of society. The progress of society is the purpose of the law of copyright.
Thomas Jefferson James Madison
The Chief Architects of the Copyright Clause
The writings of Madison and Jefferson
give a clearIndication of the
framer’s intentions with regard to Copyright law.
FOURTEEN YEARS
but no longer than
The lifetime of the creator!
Thomas Jefferson
Child Labor
United States
Our Country’s FoundationThis program will self progress
Industrial Revolution
Never just a child.Women at twelve.Men at six.
No one to protect their
innocence.Adult lives – adult vices.Fourteen Hour Days
Six Days a Week.
Dangerous Working Conditions.
A
New
World
Today
No where toturn.
ChildLabor2005
Sample Attribution on Presentation
Tindall’s American History