Introduction
Before advancing the course concepts on copyright, copyright infringement, derivative works, intellectual property, personal rights violations, and expectations for privacy and safety, a reflection becomes necessary to reflect their meaning related to the digital classroom and in the digital world. In other words, during the process, a review of the key benefits of copyright law and how it applies to distance education will be included.
In 1897 Congress created the Office of the Copyright and the Register of Copyrights position to fulfill the increasing requests for copyright protection. The U.S. Copyright Office functions as a department/agency where claims and documents of copyright are recorded. According to the literature, ‘‘The Copyright Office provides expert assistance to Congress on intellectual property matters; advises Congress on anticipated changes in U.S. Copyright law; analyzes and assists in drafting copyright legislation.” (Greco, 2017). Additional material from the article reports that in 2016, an organization called the International Intellectual Property Alliance (IIPA), serves as a substantive economical resource to the copyright industry. In addition to jobs, examples of the core of the industry include exports of books, periodicals, journals, music, motion pictures, radio and television broadcasting, computer software, and videogames contributing a record $1.2 trillion to the U.S. economy in foreign sales alone. American workers reportedly account for 3.87% of the entire U.S. workforce or 5.5 million workers. The percentage for private employment at the reporting time is 4.57% of the total private employment in the nation (Siwek, 2013). The report concludes with the annual growth rate of core industry products climbing to an increased rate of 3.81%, between the years 2014 and 2015.
An understanding of intellectual property and the importance of establishing intellectual property rights are fully explained through the resources provided in the toolkit. For example, a reference to the YouTube video titled, The Role of Intellectual Property in an Innovative Economy by Adam Mossoff, an attorney, law professor, and lecturer. The video provides a historical and legal review of the concepts that define, inventions and or property rights, or more specifically intellectual property rights. Mossoff ex[lains the controversy and ambivalence in government and the economy. He explains how Intellectual Property functions. He covers why IP is a property right in the United States and how it differs from what was legally established in England. That IP is part of a thriving innovation economy and why and how they function properly in today’s market.
Task
Learning about derivative works, ownership, infringement, the value of personal creations, fair use, and expectations for privacy and safety are complex issues for the online environment that cannot be ignored. Added to these concepts is the process by which a creation enters and streams into the public. Sharing resources to display how they apply to online education in the real world is the basis for the project. An even greater task is to answer questions and provide insight into legal issues affecting the online classroom, evaluating copyright, fair use, and personal rights and privacy. The list of 12-15 online resources is compiled to provide answers to any questions students might have on copyright, fair use, and personal rights to privacy. Navigating through different websites and a careful look provides additional resources that add to what may already be documented.
Process
To start the process, it is suggested that a review of the books and resources provided each week for the course on Ethics and Legal Issues be performed. This part of the process requires a review of the course information which includes the introduction, concepts, essentials, and syllabus. Flipping back and forth can be a distraction, so the suggestion is that you write or download key information from each area as a tool to get started. Added to the process was an internet search of some of the recommended books and resources from each week or each section. A web search of each of the concepts individually will produce an abundance of resources that can be used now or in the future.
Evaluation
Copyright is evaluated by authors, Pistorius and Mwim, as a law that serves both the private and public interests. The researchers write that copyright law relates to private use and gives individual authors the right to be rewarded for their creative efforts. They go on to say, as it relates to public use, a creative work can be used by several people or institutes. Therefore, copyright law serves private and public interests alike. During the years 1994-97, a group called the Working Group on Intellectual Property Rights in the Electronic Environment or the CONFU, convened a conference to discuss issues of copyright, and fair use as it relates to educational media (Ashe, 2009). During the conference, guidelines were discussed and established for the use of educational multimedia, distance learning, digital images, interlibrary loan processes, electronic reserve systems, and computer programs in libraries, but the conference participants failed to reach an agreement that would fully clarify fair use (Lehman, 1998). When presented as provisional guidelines, some universities expressed disapproval and did not endorse the guidelines; instead developed their own guidelines and referenced the guidelines developed from the CONFU conference (see the full article, Ashe 2009, for participating universities). For example, the article reports that only guidelines voted upon by consensus reached publication status. In 2002, secondary to the failure of the CONFU policy negotiations, lobbyists and other interest groups petitioned Congress for clarification on the use of copyrighted material for digital transmission, resulting in the passage of the TEACH Act.
Teach is described in a law review journal article, the Analysis of the TEACH act as a summary of a congressional proposal to the law designed to ensure equal access to instruction by way of technology for students with disabilities in college and universities. The 2014 proposal addressed specific use and allowed for modifications of technology or special accommodations. The main idea at that time was to develop guidelines that integrated the use of digital content, online platforms, tablets, and computer software. The researcher in this article is careful to note concerns for secondary institutions not fully provided under the TEACH ACT of 2014. The concern was expressed as a need for educational institutions to be able to continue their exploration of technologies that improve student research and learning, rather than having to be concerned with the potential liability of technology that is not fully accessible or reasonably accommodating or accessible under the then established law (Jakubowski, 2014).
A brief evaluation of the aforementioned topics is a small demonstration of what can be grasped as the introduction of knowledge of laws that provide for personal creations while providing protection and privacy. Our goal is to create an easily accessible academic keepsake, particularly for novice educators.
Conclusion
To provide additional insight and evaluation for a case on copyright, copyright infringement, and personal rights to privacy, a reference is made to an article written by L. Enghagen published in 2014 regarding a suit brought against Georgia State University. The article helps to examine the issues of ownership of copyright, copyright protection, copyright responsibilities, and fair use in the context of routine practice at a State University. Three major publishers alleged that the University encouraged professors employed by Georgia State to use digital copies of copyrighted works making them available to students with the intent to distribute them without permission from the copyright owners. The article proved to be quite interesting, and informative, particularly deriving from the State of GA., where I’m from.
The conclusion of that case was gratifying as I reflect on the material supplied in this and all articles referenced. Considering the article, An Overview of Intellectual Property, I understand that the law permits limited use and reproduction of copyrighted materials without the owners' permission and that it is referred to as fair use. There are four exceptions however to be considered. For the entire article and concrete information see, the ASHE Higher Education Report dated 2009 or Overview of Intellectual Property. I found several YouTube videos that added foundation to the topics.
Credits
American Library Association, (2014). Distance Education and the TEACH Act. Professional Resources Office
for Intellectual Freedom Council
Ashe Higher Education Report. 2009, An Overview of Intellectual Property. John Wiley & Sons
Inc. Vol. 34 Issue 4, p31-52. 22p. (www.interscience.wiley.com)-DOI: 10. 1002/aehe.3405
Complying with COPPA: Frequently Asked Questions. A Guide for Business and Parents and
Small Entity Compliance Guide
Enghagen, L. (2014). Round One? Judge Issues Rulings on Long-awaited Copyright
Infringement Lawsuit Against Georgia State University. Journal of Asynchronous Learning
Networks. Vol.18, No. 1
Exon, S. (2013). How the Fair Use Doctrine Is an Integral Part of the Copyright Act: The Ninth
Circuit's Examination of the Factors for Meritorious Fair Use in SOFA Entertainment, Inc. v.
Dodger Productions, Inc. Tulane Journal of Technology and Intellectual Property, Vol. 16,
pp. 313-322.
Jakubowski, T. (2014). ACE Analysis of the Technology, Equality and Accessibility in College
and Higher Education Act (TEACH Act)
Greco, A. (2017). Book Publishers Should Support Changes in the Office of the Copyright and
the Register of the Copyright Office. Publishing Research Quarterly, Springer Science
Business Media New York. 33:117–125. DOI 10.1007/s12109-017-9519-2.
Lehman, B. A. (1998). The Conference on Fair Use: Final Report to the commissioner on the
conclusion of the Conference on Fair Use. Washington, DC: U.S. Patent and Trademark
Office.
Lyons, M. (2010). Open Access Is Almost Here: Navigating Through Copyright, Fair Use
, and the Teach Act. Journal of Continuing Education in Nursing. Vol 41, No 2. P. 57-64.
Lipinski, T.A. (2003). The climate of Distance Education in the 21st Century: Understanding and
Surviving the changes Brought by the TEACH (Technology, Education, Copyright and
Harmonization) ACT of 2002. Journal of Academic Librarianship. Vol. 29 Issue 6, p362-374.
13p.
Pistorius, T. & Mwim, O.S. (2019). The impact of digital copyright law and policy and access to
knowledge and learning. Reading and Writing Journal of the Reading Association of South
Africa (20798245). Vol. 10 Issue 1, p 1-7. 7p.
Shkolnikov, T., (2002). To Link or Not to Link: How to Avoid Copyright Traps on the Internet.
Publishing Research Quarterly.
Siwek, S.E. (2013). Copyright Industries in the U.S. Economy, prepared for the IIPA; ISBN
978-0-9911233-0-8 p. 2, 4. www.iilawebsite.com.
U.S. Copyright Office. Overview of the Copyright Office. https://www.copyright.gob/about.
YouTube: The Role of Intellectual Property in an Innovative Economy- Adam Mossoff Lecture Series.
Teacher Page
A review of each previously submitted essay, the feedback, and the way the references should be used is a valuable way to guide anyone through the process. Additional resources not mentioned in the credits include Storella, A.C. (2014); It's a Selfie-Evident! Spectrums of Alienability and Original Content on Social Media. Also The Americal Library Association (2014). Distance Education and the TEACH Act. Professional Resources Office for the Intellectual Freedom Council. FERPA- The Family Education Rights and Privacy Act for Elementary and Secondary Schools. Added to the collection is an informative blog on Copyright law and the Fair Use Doctrine, by Brian L. Frye and colleagues, found on Spotify. https//.spotify.com/episode/3RrA646EQOpmlyjZHDvO9g?si=jXuC7hKZTeat84-s0hmTZQ