Live blogging--ITERA/ACUTA Conference in Atlanta.
ITERA is International Telecommunications Education and Research Association,
holding a joint conference with ACUTA,
now known as the Association for Information Communications Technology Professionals in Higher Education.
Miles O'Brien is keynote speaker. He is demonstrating via a multimedia presentation on stage.
He has brought in via BGAN, a blogging correspondent from the Himalayan mountains in Nepal
Here's a definition of BGAN:
Broadband Global Area Network or BGAN for short, is a global Satellite Internet Network with telephony using portable terminals.
The blogger correspondent Keith Cowing runs a site called “NASA Watch”
Keith Cowing is going to Mt. Everest to cover this event--former astronaut Scott Parazynski 's expedition climb of the mountain.
Here is the site for the climb: http://onorbit.com/everest
It's an example of the new media kind of journalism,
made possible by converged information and communication technologies.
Information is on the move.
Donna L. Ferullo, J.D.
Director, Copyright Office,
Purdue University
Recent Copyright Cases
Not too much new legislation. Here some key legislative efforts coming forward however.
Note these:
--Fair Copyright in Research Works Act, H.R. 801
--Higher Education Opportunity Act
--Orphan Works
Extending length of copyright still an issue
Cases
1. Cambridge University press et al v. Patton et al (Goeroge State) fair use case
2. Author's Guild et al v. Google, Inc.
2.1 scanning books--publishers sued; finally publishers and Google drafted a settlement; have till 05 May 2009 to opt out; June 2009 will be judge's decision; books that are still in copyright, but out of print;
3. Warner Bros. v. RDR Books (Harry Potter lexicon); court agreed with J. K. Rowling, author, lexicon was infringement; a fair use case
4. Siegel v. Warner Bros. (Superman); court agreed with plaintiffs--a "reversion of rights" case; original creators got rights back because
Obama image issue "Fairey and the AP"
1. Fairey's famous image based on AP photograph
2. argument is that it's "transformative" use
3. variant Patrick Corrigan, The Toronto Star "Hope" looks like Fairey's image
Questions and Discussion--
Dwayne Buttler: there's a difference between a "copy" and a "substitute" use; example "thumbnail" use on Internet; a tiny reproduction, literally a copy, but not a substitute use
Discussion--"underlying use" depends on facts of the case or situation; (Buttler) change of use is the "elegance of the fair use doctrine"
Professor, University Libraries, University of Louisville
The basic questions:
1. Is the work copyrighted at all?
2. How do you plan to use the work?
3. Is the work covered by a license?
4. Does the law contain a specific exception allowing your use?
5. Will I need permission from the copyright holder?
Issue around some of these questions (numbering below not related directly to the numbering of the list above)--
1. You have to figure out if you even have a problem--if it's not copyrightable (example: US government documents), you don't have a problem at all.
2. How DO you plan to use the work? Key to the entire issue.
3. Permission of copyright holder? Good to ask, at the least.
4. Limitations on Exclusive RIghts in US Copyright Law:
Sec 107 - fair use doctrine
Sec 108 - libraries & archives
Sec 109 - transfer of copies
Sec 100 - performances & displays
See also www.copyright.gov
5. Students approach Sec. 107 the four fair use factors as
acronym PANE
Pupose and character of the usue
Amount of the protion used
Nature of the copyrighted work
Effect on the value or potential market
6. Guidelines for classroom use--not the law, but some organizations use them; they tend to be "publisher-centric"--publishers have long been involved in copyright "conversation"; these guidelines are narrow, in that context
7. Case: Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985)
Memoirs of Gerald R. Ford, president, on A Time to Heal: The Autobiography of Gerald R. Ford
7.1 many First Amendment issues; still, the court found for Harper and against Nation
7.2 "when does idea become subsumed into the work?" (publishing is key)
8. Case: Sony Corporation v. Universal Studies, 464 U.S. 417 (1984) Sony Betamax case
9.Case: Campbell v. Aucff-Rose Music, 510 U.S. 569 (1994)
9.1 Second Circuit Court (New York) is THE copyright court in USA
9.2 because a "transformative" use, a kind of parody;
10. Case: Basic Books v. Kinko's, 758 F.Supp. 1522 (S.D.N.Y. 1991)
10.1 about making "course packs"--answer: course packs are NOT fair use; in decision, an issue, the professor does't go in and make it; rather, the vendor sought out the professor; Kinko's a "bad faith defendent"; left open the issue that a noncommercial entity like a university COULD make a course packs; issue "purpose and effect"
11. Case: Bill Graham Archives v. DK Ltd, 448 F.3d 605 (2nd Cir. 2006)
11.1 Grateful Dead posters published in book; the decision based on "transformative" idea that the original purpose of the posters was not impinged by the use of the images in a book
12.New issue: Book Goodnight Bush "an unauthorized parody" of Goodnight Moon
13. What about "orphan" works--no one knows who created them, or owns the copyright, off on the Internet especially
14. Prof. Buttler: "Liability is the Death Star?"
14.1 Sec. 504(c)(2)
--who ... employees, nonprofit educational institutions, libraries, archive.
-- what.... requires court to remit statutory damages if you usue good faith and reasonably believe use is fair sue.
-- why ... understanding 4 factors and fair-use evidence "good faith" and "reasonable"
Question--what do you mean "publish"
Answer--see definitions in Sec. 101
This is the 6th annual copyright conference, held by Ball State University (BSU) at its Alumni Center in Muncie, Indiana.
The BSU Library is chief developer of this conference. There are a number of other supporting organizations such as Digital Policy Institute, which I am representing today on behalf of its Senior Research Fellows.
The BSU Library Dean Arthur Hafner gives a welcome with notice that there are over 110 participants from 10 states here today.
Dr. Fritz Dolak, chairs the conference. He is the director of the BSU Library's Copyright and Intellectual Property Office. The conference's main focus is on copyright use, done legally, in academic settings.
First speaker is Michelle Cooper, J.D. Her presentation is an introduction to basic copyright:
1. Copyright is automatic today, to creator of a work, when the work is created. In other words, as soon as you create a copyrightable work, it is automatically copyrighted when you make it, even in draft. The exception is if you've created the work is "work for hire." (Look up this concept for more information.)
2. You don't need to register it with the US Copyright Office formally, as in the old days. However, registration gives you significant legal grounds in court to defend your copyright.
3. You should put a notice of copyright. The "c in a circle" [ © ] international copyright sign is a good idea.
This keeps the "innocent use" defense from being employed.
4. Fair use is a way you can use copyrighted work on these four factors:
4.1 PURPOSE -- What is the purpose of the use?
4.2 NATURE -- What is the nature of the work?
4.3 AMOUNT -- How much of the copyrighted work is being used?
4.4 EFFECT -- What is the effect of the use on the market or the postential market of the work?
Dr. Michael Goldsby,
Directory of Entrepreneurship
Miller College of Business
Ball State University
on "Creativity, Innovation , and Entrepreneurship: It All Starts with a Mouse"
1. Defines creativity--doing something different that is accepted
2. Innovation--bringing ideas into reality that change a domain
2.1 first enterprise to make a given technical change is an innovator; following ones are imitators
3. Entrepreneurship--finding and developing new sources of income or revenue
3.1 new new = new products and services
3.2 new old = new markets for existing products and services
3.3 management/optimization versus entrepreneurship
4. Entrepreneurs find, develop, and exploit opportunities to bring in new sources of revenue
5. Entrepreneurship education:
5.1 preparation
5.2 knowing what to do when opportunity arises
6. Opportunity + preparation + luck
Pasteur: "Chance favors those with a prepared mind."
6.1 see Malcolm Gladwell book, "Outliers"
7. See "Talent is Overrated" by Jeff Colbin, book
7.1 Business opportunity comes from having a background in an area that lines up with the right timing and social contacts.
8. BOTH luck and social contacts are critical, especially in mentors, allies, supporters
9. "Big success is greatly affected by what seem like luck and chance events.
9.1 "huge home run really is hard work and luck"
10. Walt Disney "greatest entrepreneur in the 20th century"
10.1 Disney not the best animator, yet had talent for building the business, and finding animators; grew company during Great Depression, after beginning in 1926
10.2 Walt + Roy Disney married two animators, and made the business as a family business
10.3 put all on business on "Snow White" a full-length animation
10.4 went into television--"Mickey Mouse Club"
10.5 for Disneyland, hired former Navy admiral Howe, used to shipbuilding projects
10.6 Your projects don't have to be perfect--see YouTube on opening day of Disneyland; four times as many people showed up as expected; Ronald Reagan was host, with Art Linkletter
10.7 first thing they built was the castle--a symbol, when the place was just being built; Disney didn't really become wealthy till after Disneyland was built
10.8 then went to Florida, bought more land surrounding than in Disneyland; Orlando Florida, 29,500 acres (only half are developed at present); bought from name, "Walter Disney" spelled backwards
10.9 EPCOT -- Experimental Prototype Community of Tomorrow; Disney didn't have a chance to see it come to fruition, but Roy Disney did.
10.10 Disney: "I hope we don't lose sight of one thing--it was all started by a mouse."
11.0 Next entrepreneur story = Steve Jobs
11.1 Steve Jobs, orphan; adopted, but lived near Bill Packard of H-P, who gave old computers to play with
11.2 Jobs and Wozniak built Apple starting 01 April 1976; not a great time in economy
11.3 "Calvin and Jobs" based on Jobs
11.4 Apple fired Jobs in 1980s; he buys graphics group from George Luckas; John Lassiter animator draws desk lamp as movie "Luxo, Jr." and begins as symbol for Pixar Animation Studios; see YouTube chess game animation; got Academy Award; then "Toy Story" was their big hit (distributed by Disney); then "Bugs Life" and "Finding Nemo" (made $800Million)
11.5 finally Disney corp had to buy Pixar--Jobs is the biggest Pixar shareholder
12.0 Tips for beginning technology entrepreneurs
12.1 start with what you're really interest in
12.2 what public domain holds this interest?
12.3 who is the typical customer in this domain? (see Proctor & Gamble for work on understanding customer)--must start with customer, not with technology
12.4 what problems do they really have?
12.5 what solution can you offer them?
12.6 don't get caught up only in uniqueness or complexity
12.7 create and execute (get creators and executors to actually work and work together)
13.0 Lessons for experienced entrepreneurs--
13.1 Never forget your mouse.
13.2 Business is a human enterprise. People want to be around people who are passionate
13.3 "Dream and do!"
Susan Klingle-Dowd, professor of communication, Ball State University
on "Leadership Styles"
at the 2009 Women Working in Technology (WWiT) conference
1. Prof. K-D covering communication as basis of leadership.
2. Historical coverage of 20th century management approaches,
starting with Taylor on scientific management
of work processes in directing time and motion,
through the human resources model, with people as the prime means getting work done.
3. Major focus on attitude; participants think it's one of the most important attributes
of "who we are and what we are"--
4. "You can not NOT communicate" Paul Watzlawick
axiom is key to leadership--you communicate even if you think you don't.
4.1 Suggestions for this point--especially in criticisms:
-- criticize the work, not the person
-- give criticism bracketed by positives
-- Kirsten Smith: consider them innocent before assuming them guilty
4.2 Prof. K-D says, "don't be afraid to make a mistake" and references Bill Gates, who says "hire people who have made a major mistake"--they should have learned from it, and maybe learned more by their mistakes.
Here's a quote paraphrasing Gates, from the link in 4.2:
Reflecting on his early mistakes, Gates considers each and every one a part of the learning experience that got him to where he is today. For Gates, making mistakes was simply a natural part of the experimentation process. He always kept his calm and rationalized that every mistake was “correctable”, with the important thing being to “wake up and see what the results were.” What has always been significant for Gates is not the mistakes that he made along the way, but what he learned each time in bouncing back from them. And, there was always something to be learned.4.3 You can control your thoughts, your responses. Do this before responding immediately in a communication situation.
4.4 There is nothing more powerful than being able to control yourself, and not enter into other people's way of treating you, and thinking about you. And one of the main ways you do that is through communication and verbal responsiveness.
4.5 One participant, owner of IT consulting company, gives first hour free consultancy meeting. Principle going in = 80:20. "We will listen 80 percent of the time in the upcoming meeting; speak 20 percent." You have to make the assumption that you are there because they want to have your competencies, so listen to what they are outlining.
5.0 Only seven percent of communication is by verbal means; the rest of communication is nonverbal.
Thus if you only listen to or get the words, you're missing most of the communication.
5.1 Your intrapersonal communication determines most of your interaction with other people
6.0 Prof. K-D gives out an exercise in intrapersonal communication approaches, which refracts participant responses into five styles:
-- Avoiding
-- Accommodating
-- Competing
--Compromising
--Problem Solving