Notes

An author's right to profit from their work cannot lock down those works for uses that are generally agreed to benefit society.

Can college clubs show movies in their meetings? Is the situation academic, is the facilitator a teacher? Purpose...

?? Is a chart of facts copyrightable ?? like maslow's hierarchy... what if you call it 'art'?

?? what can you take a photo OF ??

?? what are "grand rights" (from the BMI contract)

?? Is a recording from TV illegally obtained? = no, but you can only use that type of recording temporarily. YouTube?

?Is it legal to copy from DVDs if you don't use de-encryption software to do it? What about pointing a camera at a screen?

?How can you not use the TEACH Act? it's not the "teach act", it's just part of Title17!?

"The primary objective of copyright is not to reward the labor of authors, but to promote the Progress of Science and useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work . . . This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art."

—Justice Sandra Day O’Connor, Feist Publications, Inc. v. Rural Telephone Service Co., Inc., 499 U.S. 340, 351 (1991).

Week 6DB: HOEA

1. Arnie Lutzker makes the following observation related to what the university community is doing to address peer-to-peer filesharing:

These steps go beyond what is required under the OSP limitation, since no active monitoring is mandated to qualify. However, once institutions undertake voluntary activities, the statute will impose a higher duty on them to take corrective action when questionable practices are discovered. Failure to act may jeopardize the safe harbor because universities could be charged with knowledge of infringing behavior. Thus, the commendable steps taken to establish ethical rules on campus raise a catch-22 that failure to enforce the rules may leave the institution more vulnerable to financial liability (CIP Handbook at 101).

Do you agree with Arnie’s assessment? Is there a middle ground for colleges?

...as of August, 2008 all colleges and universities are required to make a good-faith effort at compliance.

http://www.educause.edu/Resources/Browse/HEOA/34600

17.512 re: liability for online content

3 things required of Higher ed:

1. First, institutions will be required to make an annual disclosure that informs students that the illegal

distribution of copyrighted materials may subject them to criminal and civil penalties and describes the

steps that institutions will take to detect and punish illegal distribution of copyrighted materials.

2. Second, institutions will be required to certify to the Secretary of Education that they have developed

plans to “effectively combat” the unauthorized distribution of copyrighted material.

3. Third, “to the extent practicable,” institutions will be required to offer alternatives to illegal file sharing

In 2008, an mp3 take-down notice was issued by the IT at our College.

Judge David Harvey shared the results of the Synovate survey Movie File Sharing Amongst Young New Zealanders, which found that more than 70 percent of respondents in New Zealand would cease infringing activities if they received a letter from their Internet service provider.

http://www.parliament.nz/en-NZ/PB/Debates/Debates/8/e/0/49HansD_20110413_00001942-Copyright-Infringing-File-Sharing-Amendment.htm

Study results PPT from Synovate survey Movie File Sharing Amongst Young New Zealanders (slide 35 re: 70% success from takedown threat)

The Appeals Court hinted that, though its decision was procedurally proper, it didn't support such harsh penalties against Tenenbaum. "We comment that this case raises concerns about application of the Copyright Act which Congress may wish to examine," wrote the judges.

http://arstechnica.com/tech-policy/news/2011/09/joel-tenenbaum-owes-the-riaa-675000again.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

Copyright law recognizes three distinct categories of liability for an infringement:

Direct liability;

Contributory liability; and

Vicarious liability.

The ten US universities with the most infringements: Massachusetts Institute of Technology, University of Washington. Boston University, Columbia University, University of Pennsylvania, Vanderbilt University, University of Massachusetts, Purdue University, Iowa State University, Amateur Radio Digital Communications.

http://tech.mit.edu/V129/N28/piracy/BayTSP2008report.pdf

Yavapai College technological equipment and resources must be used in accordance with the Copyright Guidelines. Use of YC technological equipment and resources to illegally copy, download, access print or store copyrighted material is strictly forbidden. For example, file swapping of copyrighted material such as music or movies is strictly prohibited. Users found to violate this policy will have their accounts terminated and their privileges to use Yavapai College technological equipment and resources revoked. Peer-to-Peer file sharing (P2P) is prohibited on the campus network at Yavapai College (Reference P2P File Sharing Policy).

Content and activity of transmissions on the college network is not private. College technicians and system administrators may monitor activity on the network as a result of their job duties.

http://www.yc.edu/v4content/policies/terms-of-use.htm

http://www.educause.edu/HEOArolemodels

http://www.educause.edu/Resources/Browse/HEOA/34600

http://www.slate.com/articles/news_and_politics/jurisprudence/2010/09/why_the_fox_news_suit_against_robin_carnahans_campaign_is_bogus.html

COPY600: GD: The anti-circumvention exemptions in 17 U.S.C. §1201 (1)(B) do not apply when it can be shown that access control has an adverse effect on the ability to use copyrighted works in non-infringing ways. ??chek

M2:

...The upshot of this discussion and analysis is that to be sure that your policies are effective at altering the default copyright regime, you should probably incorporate your policies in written agreements signed by the proper parties at your institution.

REPRODUCTION

Concerning copying for replacement, backup, or change of technology: 108 (c)(1) "..obtained at fair price."

Here’s what’s important for educators to know

Peggy Hoon's statement

"Issues surrounding the use and ownership of copyrighted materials permeate all teaching and research activities at the University of North Carolina at Charlotte (UNCC). UNCC faculty, staff, and students must have a functional understanding of copyright law given that every course, without exception, depends upon the use of copyrighted materials, triggering compliance issues. This is especially true for distance education courses, due to the breadth and nature of the content utilized.

Copyright assistance and education is inextricably entwined with scholarly communication issues, including author rights management responsibilities. Both areas support, in a very foundational manner, the protected core missions –teaching, research, and public service - of UNCC. Provision of copyright and scholarly communication guidance benefits every faculty member and student, and reduces the risk of infringement liability."

Paul K: community college person, ADA advocate

Copyright Page NOTES

Make compliance a chance for collaboration