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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