©opyright or Wrong?

How changing digital copyright laws affect our schools

Choate Summer ProgramsJune 26, 2009

© Joel Backon - Choate Rosemary Hall

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Pretty much everything carries a copyright

Including:

http://www.copyrighthistory.com/anne.html

© Joel Backon - Choate Rosemary Hall

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Concept of Fair Use (4 criteria)

I. Purpose and character of the use

© Joel Backon - Choate Rosemary Hall

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Concept of Fair Use

II. Nature of the work being used

© Joel Backon - Choate Rosemary Hall

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Concept of Fair Use

III. Amount and substantiality in relation to the whole

© Joel Backon - Choate Rosemary Hall

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Concept of Fair Use

IV. Effect on the market for the original

© Joel Backon - Choate Rosemary Hall

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Copyright in Cyberspace: The Dilemma

The Internet is really just a big photocopier

You can’t view a web page without making copies of it.

You can’t forward an

e-mail message without making

and distributing copies of

it.

© Joel Backon - Choate Rosemary Hall

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Enter the DMCA – 1998

Individual Liability

“The subpoena shall authorize and order the service provider… to expeditiously disclose to the copyright owner… information sufficient to identify the alleged infringer of the material… to the extent such information is available to the service provider.” [DMCA – Section 512]

© Joel Backon - Choate Rosemary Hall

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TEACH Act – 2002

Technology, Education,And Copyright Harmonization Act

Became law November 2, 2002

Amended DMCA 110 to facilitate use of copyrighted materials, without permission, in web-based education

© Joel Backon - Choate Rosemary Hall

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What does it mean?

Kenneth Crews (Indiana University): “Be Careful.”Posting copyrighted digital materials on a public web site is illegal!Posting to a protected site is also illegal if the materials are not used for a course (links are okay).Materials can only be posted for the “duration of the lesson.”

http://www.cnn.com/TECH/computing/

9810/30/digcopyright.idg/