Working with ICTLegal & ethical issues

B. P. ChauhanLibrarian, Thapar Institute of Engineering & Technology, Patialabpchauhan2000@yahoo.com

Learning outcomes

By the end of the lesson, you should be able to: Address ethical, legal and other issues involved

in using the Internet Have understanding of intellectual property

rights in digital environment Explore possible solutions to address these

issues

Scope

What are the ethical, legal and other issues involved in use of ICT?

Possible solutions to the ethical, legal and social issues Recap of copyright provisions Technology and Copyright Situations where copyright issue become important in

Institutional activities Myths and facts about copyright in digital environment

Ethics governing Internet - acceptable behavior on the Net, mostly related to use of e-mail and relay chat

– For Example: Be brief, keep paragraphs short Try to use mixed upper and lowercase Use CAPITALS & special characters for emphasis only Do not SPAM or send junk e-mail Refrain from flaming (sending hate messages) Follow acceptable standards of politeness as used in all kinds

of communication Be wary of virus hoaxes, urban legends and chain letters

Netiquettes

– Plagiarism – using somebody else’s work and claiming it as your own

– Copyright Law – protection of the author’s original work– Fair Use – reproduction of materials for educational and research

purpose– Software piracy – theft and illegal reproduction of software– File swapping – exchange of digital materials like audio and

video over the Net without the owner’s permission

Intellectual Property Rights

– issues regarding the rights of an individual – Freedom of speech – ability to express oneself on the

Internet– Personal privacy and records confidentiality– handling of

personal information, e-mail and other electronic correspondence

in the USA the FBI uses a software named “Carnivore” to spy on e-mail passing through ISPs

collection of user’s data i.e. personal information and browsing habits by some software (spyware), and using it directly or selling it for a profit

– Censorship – regulation or control of content for example: use of blocking or filtering software

Civil liberties

– Hacking / Cracking – breaking-in to computer systems with or without malicious intent

– Dissemination of Viruses, Worms, Trojan Horses, and other similar destructive software

– Denial of service and other attacks – Internet Fraud – false advertisement and malpractices of

individuals and companies – Spamming – sending unsolicited e-mail– Flaming – sending of hate messages– Pornography – proliferation of obscene and indecent

materials

Cybercrimes (Computer facilitated crimes)

Provisions for the handicapped and marginalized– Accessibility issues with regards to the physically

handicapped– The widening “digital divide” between the information rich

and information poor

Multilingualism Charging for information – fee based information

resources and services

Digital DivideSocial and economic issues

Technological limitations – Slow download due to small bandwidth and increasing

number of users– Lack of standards with regards to software and interface

design Other limitations

– Not all the information you may need is available on the Internet

– Information on the Internet is not permanent; it may be revised, edited, deleted, moved to a new directory, or filename changed

– Commercialization and high cost of information services

Digital DivideSocial and economic issues

Creation of Internet Acceptable Use Policy in the workplace, for staff and students

User and staff education regarding Intellectual Property Rights and Copyrights issues

Respect of personal privacy and confidentiality of personal information

Express consent for use of personal information Vigilance and continuous education in the productive and

responsible use of the Internet

Possible solutions

Implementation of a system of safeguards against deliberate or accidental damage to the system or data

Creation of programs and services that address the needs of the handicapped and marginalized

Upgrade and maintenance of infrastructure, hardware and software

Utilization of other information resources aside from the Internet

Possible solutions

Digital Copyright

Some issues in IPR in e-learning environment

Digital Copyright

Some issues of IPR in digital environment

Some issues in IPR digital environment

Recap of copyright IPR and E-learning Teacher Students Libraries Peer to peer sharing of files E-publishing and open Access Open Source and Open Access Licensing

Nature of Copyright

Exclusive right given by law for a certain term of years to an author, composer, designer, etc to print, publish, and sell copies of his original work.

Applies to literary, dramatic, musical work, computer program, artistic work, irrespective of the media- paper, cinematographic films including sound track and video films, records, CDs, tapes, DVDs, VCDs …

Given to a person or organization responsible for creation/intellectual input, skill to a work.

Nature of copyright

Multiple nature of rights: bundle of different rights in the same work To reproduce and store in any material form and medium To issue copies to the public To perform in public or communicate to the public To make film or recording in respect of the work Translation, adaptation and to do the above in respect of

translation and adaptation. To sell or give on hire, or offer for sale or hire any copy of the

computer program, regardless of whether such copy has been sold or given on hire on earlier occasions.

Nature of copyright

Ideas do not copyright (expressions have) Author must have bestowed upon the work sufficient

judgment, skill and labour Original work No formal registration required Universal (not territorial) Immoral and illegal works are covered Live events are not covered (performers right,

bootlegging)

Acts of infringement

Doing without license or permission Acts that the owner has exclusive rights (reproduction, communication, performance in public, adaptation and translation)

Permits for profit any place to be used for communication

Makes for sale or hire or sells for hire Distributes Exhibits imports

Copying

Casual connection: objective similarity Indirect copying: 2-D to 3-D, adaptation Substantial copying: How much is reasonable? The

legislation does not specify a percentage that is acceptable in all circumstances.

– The courts would look to see whether all or a "substantial part" of the work has been copied.

– "substantial" can relate to quality just as much as quantity. A small but key part of the work could be ruled by a court to be a"substantial part

Exceptions to infringement

Fair dealing: private use (incl. research, criticism or review), reporting in newspapers, broadcasting

Reproduction for judicial proceedings, for members of legislature Reading or recitation of extracts in public Publication in a collection for the use of educational institutions in

certain circumstances By teacher or students in the course of instructions subject to certain

conditions Performance in the course of the educational activities for staff and

students Performance in amateur club or religious institutions for non-paying

audience Playing sound recording in a closed hall for residents of the building or

in a club not-for-profit

Exceptions to infringement

Making up to three copies by public library if the book is not available for sale in India

Reproduction of unpublished work kept in a library for private study or research or publication. (author not known or beyond copyright)

Free reproduction of Matter published in Official Gazette (expect legislation) Legislation with commentary Reports of committees/commissions laid down on the table of

legislature Judgments of court, tribunal and other judicial authority Translation of legislations if not published by the Govt

Exceptions to infringement-Computer Programmes

Making copies or adaptation by the lawful possessor– In order to utilise for the purpose it was supplied– Back up copies as a temporary protection against

loss– For operating, interoperrability– Observation, study and testing the functioning– For non-commercial personal use

Role of technology in Copyright

Production and storage Distribution Infringement Surveillance and detection

Technology in Production and distribution

Online creation Sharing and networking Storage media Encryption, codification and security Authentication License: access, distribution and use Loans

Technology in infringement and detection

Download Data protection and corruption Unauthorized use and distribution

Infringement is easy Detection is easier than before Allowing/facilitating others to infringe is also

infringement

Situation of use of IP in education

Use of third party IP in-– Class room teaching– Research– Theses and publishing

Putting the contents on the site and/or using in other internet media (email, listserv etc.)

Libraries and learning resources

Free resources and copyright

Internet, free sample, trial objects Copyright exist Implied or express license is required (GPL etc) License restrictions

– Commercial use– Commercial distribution– Time/place– Further use

Electronic Theses and dissertation

Ownership: student, sponsor, government, institution

Free distribution and copying Third party material: Liability Instruments: license, assignment,

The Digital Library and copyright

E-resources– License and permissions– Archiving the downloads– Copying: purpose – lending of a computer program for nonprofit purposes by a nonprofit library, if each

copy of a computer program which is lent by such library has affixed to the packaging containing the program a warning of copyright

– Lending and distribution of digital object; e-objects, archiving, journals– Internet Access

Institutional repositories:– Self-archival material– Peer review system– Self-managed system– Moderated system

Digital Copyright:Myths and Facts

Myth: The full text of the journal article was posted to a discussion list. The person who posted it to the list will have obtained copyright clearance.

Fact: It is incredible how often you see people asking if anyone has a copy of an article that they are looking for, and a helpful person then responds by posting the full text of the article to the discussion list on which the enquirer has made the request. They might not have even considered the copyright implications of their actions.

Digital Copyright:Myths and Facts

MYTH: I am entitled to make a copy of the work on my Website because I am not charging people for the material.

Fact: If you publish someone else's work to your own Website without permission, copyright is infringed regardless of whether or not you charge people for the copied material.

Digital Copyright:Myths and Facts

MYTH: I have only created a link to the document rather than making copies of it. There are no potential legal problems with doing that.

Fact: If the link is to a pdf, for example, it could be argued that each time the link is clicked, the entire work is being "published". There are plenty of legal hazards from hyper-linking, particularly if you are using frames technology. You could be accused of "passing off“ other people's material as your own.

Digital Copyrights Myths and Truths

MYTH There is no copyright symbol on the work, so it can't be protected by copyright.

Fact: Copyright protection is automatic. There isn't a formal registration process that an author has to go through to have the rights to a work; nor do they need to put a (c) on the work in order to claim copyright protection

Digital Copyrights Myths and Truths

MYTH Anyone can copy material on the Web using fair dealing for research as a defence.

Fact: Fair dealing for research or private study is restricted to fair dealing for a non-commercial purpose or private study.

Digital Copyrights Myths and Truths

MYTH : The information is accessible to anyone on the World Wide Web. It is therefore in the public domain and internet users have an implied licence to copy the material.

Fact: Just because information is accessible on the Web, there is no implied licence to copy it. Copyright material sent over the Internet or stored on Web servers will generally be protected in the same way as material in other media.

Digital Copyrights Myths and Truths

MYTH: My whole site was designed by a professional Website designer. I paid them for the work, and therefore they will have checked that it is alright to use the clip art, pictures, and other material.

Fact: Not necessarily. Not all Website designers will check that the material used has been cleared for copyright purposes

Instruments to avoid/protection IPR infringement

License Disclaimers Agreement/undertaking Privacy Policy

Statutory v/s contractual

License Terms and Terms of Law Click on Agree Is open access material protected?