Kenny Crews, J.D., Ph.D.
Columbia University
Section 110(1) and (2)
cover this carefully
In general, classroom DISPLAY in face-to-face teaching
is easy
In COPYING and reproducing, law is tighter
and distance education is also more problematic
More:
TEACH Act covers this with major Policy Requirements.
Q&A--
1. "private use"?
USA law doesn't have "private use" clause, though international laws do;
but in USA, look at Fair Use clause and see if that applies
2. Watch it! the click-on agreement in general has lots of force, even if general
copyright law might allow things
3. "Visual Arts" school library archive--
digital archives of art and photos "the great unanswerable"--legal situation not clear;
showing images in CLASSROOM, displaying, is OK.
3.1 Yet making a copy onto disk (not even server) to actually DISPLAY the image, is not even clear.
3.2 Public domain image, like Michelangelo photo of the art, one court in New York ruled it's not protectable
(your reproduction has no rights either); but Picasso image, in modern times, a different situation
3.3 Michelle: possible 2nd Circuit court case of Grateful Dead posters in book was Fair Use, as transformative use;
Kenneth Crews--that is a landmark case (that case in the hands of a Federal Court a few years ago would have been seen as infringement even a few years ago)
4. Georgia State sued in April 2008 over electronic reserves;
not so transformative use; not clear how it will come out; may be out of court settlement as outcome.
The university itself seems protected by "sovereign immunity" in Federal Court for suit in dollars. Georgia case
is a suit for an injunction.
4.1 If you work for a public university or institution, "be good citizens"--don't break the law "within the scope of your employment."
5. TEACH Act question--based on it, meeting requirements, what about "subsequent use" semester after semester.
Once decision made in first semester, then repeated use seems OK if the first use was OK.
6. There are several avenues you can explore; if your use doesn't fit under specific provisions of the law, look
at Fair Use.
7. University Q--electronic reserves: if you apply for permission, but haven't received it, can you put it on ahead of permission?
7.1 A--sort of the "orphan works" issue. Key point till the bill is here, go back to Fair Use--"reasonable due diligence" seems to evidence that "there is no market for this material." Market Harm question seems to be answered. So look at the Fair Use four key factors.
8. Question on socially-constructed content, like wikis, blogs?
8.1 Answer--ownership under the law: "joint copyright ownership among multitudes of indeterminate people"
The fact is, a fragmentary collapse of copyright is happening. The application of generic rules to new situations is getting problematic. Copyright fanatic may get in the way of innovation, so don't necessarily get overwhelmed by these unclear areas--things are changing.
Dwayne K. Buttler, J.D.
We seek certainty and reliability when we seek to use other people's work.
The 108 Study Group was looking for this in the changing technologies of information and communication today.
"Obsolete formats" is surprising--there may be formats that seem obsolete but they still are in copyright.
Michelle Cooper, J.D.
On Section 107, Fair Use:
Four factors are key:
Purpose of the Work
Nature of the Work
Amount Used
Effect on the Market
More:
1. Purpose of the work, especially if you want to make money (commercialize it)
is critical
2. Nature of the work--especially parodies--determine fair use. Parodies are pretty much allowed
3. Amount used--this is particularly tricky now, and leads to
4. Effect on the Market for the foundation work
These four factors are the "tool kit" of Fair Use.
FInal thought: "Fair Use is a law professor's dream"--so many scenarios can be made,
full of gray areas.
Fair Use: "You'll be able to know it when you see it."
David Carson, J.D.
Associate Register for Policy & International Affairs,
US Copyright Office (Part of Library of Congress)
Copyright lawyer for over 28 years
New issues in Copyright--
Especially "orphan works" (protected by copyright law,
but you can't locate the legitimate owner, despite conducting
a diligent search).
More here:
1. Still a good idea to register your notice
and to have your name on it, so they can find it.
2. Since 1978, all copyright records are on line.
3. There is a report on Section 108 of Copyright is online
from the Section 108 Study Group,
the most involved copyright policy group today.
Here's the abstract on the group's work:
The Section 108 Study Group was formed to prepare findings and make recommendations to the Librarian of Congress by mid-2006 for possible alterations to the law that reflect current technologies. This effort will seek to strike the appropriate balance between copyright holders and libraries and archives in a manner that best serves the public interest.Digital technologies are radically transforming how copyrighted works are created and disseminated, and also how libraries and archives preserve and make those works available. Cultural heritage institutions, in carrying forward their missions, have begun to acquire and incorporate large quantities of "born digital" works (those created in digital form) into their holdings to ensure the continuing availability of those works to future generations.
Yet it has been observed that Section 108 of the Copyright Act - which provides limited exceptions for libraries and archives - does not adequately address many of the issues unique to digital media, either from the perspective of rights owners or libraries and archives.
There's going to be a new statutory framework they are working on. The recommendations
have just been released, in March 2008. The full report is online, through a link you can pursue here:
The new legislation is moving through Congress at present.
There are a number of issues the group is dealing with that are making the issue reasonably well handled; for
example, small photographer studios; small claims (so you don't have to go to Federal Court, the only place copyright can be litigated).
Kenny Crews--Crash Course in Copyright
Director, Copyright Advisory Office
Columbia University
Move from basics to applications at more complex and sophisticated levels.
Here's more:
1. Fundamentals--there are two worlds of copyright: Fair Use (and other rights of use) and Ownership of Copyrights
1.1 Fair Use and other rights allow use of copyrighted materials; thus opportunity
2. Need to Know about Copyright--
2.1 Once a work is "fixed" in a tangible medium, like writing, or PPT slides, copyright is AUTOMATIC
2.2 Rights of Copyright Owners (mainly economic rights)
-- Reproduction in Copies
-- Distribution of COpies to the Public
-- Derivative Works
-- Public Display
-- Public Performance
-- and others, like "moral rights" of which we'll say little today
2.3 Have to know about copyright--Long Term of Protection
-- Life of Author, plus 70 years
-- Older Works, Up to 95 years
-- WMFH, 95/120 years
-- keep your copyright records "the rest of your life, plus 70 years" (like your publication contracts)
2.4 Absolutely to know about copyright--Limitations on Rights of Owners
-- Section 107-110 (1)(2), and 120, 122
-- 107 = Fair User; 108 = Library Copying; 109 = First Sale; 110(1) = Classroom Use;
110(2) = Distance Learning; 120 = Architectural Works; 122 = Special Formats
2.5 What is Fair User?
-- Four Factors: Purpose of your use of it; Nature of the Work; Amount Used; Effect on the Market
for the work
2.6 Something is happening...fading of guidelines; transformative uses (you change the form of the work); adaptation of new technologies; flexibility of the law
3.0 The latest case: Turnitin.com: A Case in Student Papers run through a Computer Program to check for plagiarism ("Check for Cheaters")
3.1 Purpose: Transformative
3.2 Nature: Protects Creativity!
3.3 Amount: All is Necessary
3.4 Effect: No Harm to Sales of the Papers
4.0 Library Copying: Section 108
4.1 Preservation and Replacement
4.2 Copies for Research and Study
4.3 Copies for ILL (InterLibrary Loan)
4.4 Notices on copiers; "Last 20 Years"
4.5 Examples: Copies for Research
-- Articles or other short works
-- copy becomes property of user
-- Purpose for private study, and so on
-- Library posts notices
5.0 Framework for action
Multiple options of use (public domain; permission; linking on Internet, which almost never brings copyright action)
Creative solutions
"Stay Flexible"
6.0 website
www.copyright.columbia.edu
Dr. Fritz Dolak opened Ball State University's 5th Copyright Conference.
The theme is Copyright in Oz. That's appropriate for the disconcerting state of copyright today.
Right now, President Jo Ann Gora is giving the welcoming address.
She says that Ball State University, which she leads,
has more computers than students. BSU has over 19000 students...
[This year = 19849 students; 16:1 student-faculty ratio average class size;
>1:1 computer-student ratio]
Copyright law is a critical issue in higher education. The university wants to foster
ethical and productive use of intellectual property.
438 PM EDT
Karen Mangia, Lisa Oehl
Mentoring: How to Keep the Connections
Many good tips on being a mentor, and making good use of mentors:
1. Set clear goals for yourself
2. Have an agenda to talk about with your mentor
3. What's your brand? Describe your objective or career goal in three words--
such as, Global Project Management
More:
4. Exercise: write names of three people you want to meet as a mentor;
then your name; then the date by which you want to contact them;
"tear this off your notes; give this to your neighbor in this conference; and that person should
put it on their calendar, and call you on that date to remind you and check in on how you're doing
with this task"
5. Tip--ask your mentor if you can leave voicemail.
6. Share what you learn with other people; if you are reaching out to a mentor, think about mentoring
someone more junior than you. You would be surprised what you learn from people you are mentoring.
7. High-potential women--mentor them, so they can mentor others; that way you can help many more people
than you can help yourself
8. "Quickly filter out people who are not making good use of YOUR time" as a mentor--people who don't
have a plan.
9. "thank you for the opportunity of visiting with you; we've enjoyed being here" (ending conclusion)
410PM EDT Muncie, Indiana
Dlynn Milo--
1. "sandwich generation"--have mother in 80s to care for, plus 9-year-old child
2. "a generation of people who are caring for their aging parents while supporting their own children."
3. Good info link on this is Money magazine 2/20/07:
"Sandwich Generation: Survive the midlife tug of war-- The Web sites, books and people that can help you to be both a good kid and a good parent."
4. try to use one calendar--Dlynn uses Outlook; uses colors; mail from boss is RED
Here's more:
5. Use a family PAPER calendar at home--put everything on it, "even items that seem benign"
like gutter-cleaning, first and last days of school.
6. Know when to opt-out; reschedule one or another
7. multiple conflicting priorities--there's not much you can do about this but re-reset priorities,
or lower a personal standard on something and go with the flow reminding yourself to plan better
next time.
8. Put some limits; 9-year-old only gets two activities at a time; 3 recurring community things at a time, for example.
9. Vacations: take real vacations, where I am not also the pilot, cook, maid, organizer of that too!
355 PM EDT Muncie, Indiana
1. Julie Byrd speaking about her career development--
network admin; then network management; then management;
then teaching.
This plus family and long-standing marriage and community involvement.
First female United Way chair in her county in 20 years; they raised half-million dollars.
2. Health is the important thing to remember:
"I want to talk about you taking care of yourself."
There's more:
3. My exercise time is the firs thing that goes--
you have to make a personal commitment--if you don't take care of yourself,
you can't take care of those around you.
4. You have to laugh; put joke-of-the-day on iGoogle.
5. "Don't use the word DIET"--it's about "eating healthy"
6. Top healthy foods:
1. Fruits; 2. Essential Fatty Acids (EFA) like avacodo ; 3. Garlic; 4. Green Tea;
5. Green vegetables;
6. Milk; 7. Soy (this actually mitigates hot flashes for menopausal eras); 8. Vitamin C;
8. Yogurt; 9. Chocolate 10. WATER!
7. Exercise!
Keep an exercise journal--it will motivate you to keep going.
8. Stress Relief:
Yoga
Meditation
Massage
333PM EDT Muncie Indiana
The Women Working in Technology Conference 2008 is convened at the Alumni Center,
Ball State University (BSU).
This is a conference mainly sponsored by the Center for Information and Communication Sciences,
and the College of Communication, Information and Media at BSU, and a number of other organizations,
like BP, First Merchants Bank, Indiana State Teachers Association, the Innovation Connector, Women in Hi Tech,
among them.
Now there's a panel on called
"A Day in the Life: Finding Balance in Chaos"
Here's more:
This panel is Moderated by Julie Byrd, an instructor at Ivy Tech Community College,
and has two other women, Linda Murray and Dlynn Melo.
1. Linda Murray in her presentation focuses on Goals--especially goals to have fun;
iGoogle is recommended--for time management with list of goals: Linda says she wants
a new roof on the house, and purchase of an electric car, and a professional certificate,
as examples. These are on her iGoogle page, so she sees them every day.
Tip: Try using the Activity Tracker gadget on iGoogle
2. After Goals, ORGANIZE; keep ToDo lists; calendar is a good way to do it
3. Prioritize, then. Many methods A,B,C or High, Medium, Low; but
watch it--you do the easiest to do, quickest-to-do first; so try 15 minutes minimum on the big projects
3.1 My family is my number 1 priority--and my kids the highest in that; a single parent, my kids come first.
4. Schedule your priorities then; their family has a dry erase calendar on the refrigerator for the family activities.
5. She is a nurse and nurse supervisor, so she emphasizes "Be Flexible"==plan for the unexpected.
6. House keeping--women on average 33 hours/week; men 15/hours on average; but if kids come first,
let the housekeeping go.