YouTube copyright case!

YouTube clip explaining current law...Learn about the recently filed copyright case: Robert Tur v. Youtube! A mysterious Washington D.C. copyright lawyer explains the key court decisions and the relevant federal law. And he predicts the outcome of the case!

http://www.youtube.com/watch?v=rr9SQ4qkMM

Recent Laws that effect Education

Isn't great when there are so many laws that your head spins?  I don't understand why people have so much time to evaluate the need for so many!  I think there are a few laws and acts, however, that I think effect education and even the role of the librarian.  

One law that has effected the librarian is the Net Theft Act a.k.a No Electronic Theft Act.  What does that mean?  Well, do you remember Napster?  This law addresses the sharing of files via the Internet which included the sharing of MP3 files and other computer software.  It is a crime to do so!

Based upon my research and reading of the Simpson text, the mention of the Digital Millennium Copyright Act (DMCA) was focused on quite a bit.  This act effects the librarian in the way of Internet and other digital technologies.  As Simpson states, "Library, scientific, and academic groups have long found the provisions of the act to be overbroad and far-reaching,"(Simpson 2005).  I totally agree with this statement!  The explanation of the law is unclear to me as a newbie.  In essence, the copying of material has to be set into specific perimeter.  The perimeter being who is allowed to make the copy, fees applied, and obsolete material.  This act also effected the use of interlibrary loans and copying of materials through that means.

TEACH (The Technology, Education, and Copyright Harmonization Act) effected the methods of copyright material protected that could be used in online education.  This set of criteria allows schools the use of limited amounts of copyright protected materials when used in qualifying educational situations.  So if the high school purchases reading software, if it qualifies, the middle school may be able to use the same software.  

Definitions and terms

This is what you may need to know when it comes to school exemptions to copyright:

Section 108:  a list of special exceptions for libraries in regards to copying various materials and situations.

Digital Millennium Copyright Act:  is a United States copyright law which implements 2 1996 treaties of the World Intellectual Property Organization.  It, then, criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works whether or not there is an actual infringement of copyright itself.  Also, the DMCA heightens the penalties for copyright infringement on the Internet.

Obsolete:  (in terms of the DMCA)--when a machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is not longer reasonable available in the commercial marketplace.  An example could be microfilm or Beta format videotapes.

Interlibrary Loan--The sharing of materials between libraries outside of the home library.  The requesting library is outside of the common funding source as the receptor library.

Intralibrary Loan--The sharing of materials between libraries who a part of a whole.  For example, the high school library loaning materials to the elementary library in the same district.    

CONTU Guidelines--[Commission on New Technological Uses of Copyrighted Works] established for the operational procedures that should be followed in interlibrary loan copying to assure compliance with the copyright law.

CONTU defines that clause to mean that requesting and receiving more than five articles from a given periodical within any calendar year for a total of six or more copies of articles published within five years prior to the date of request would be too many.

CONTU does not give any guidance to libraries for copying material older than five years.

CONTU specifies that if a library has in force or has entered a subscription for a periodical, but it is not immediately available, the library may consider the copy obtained from another library as if made from its own collection.

CONTU stipulates that all interlibrary loan requests must be accompanied by a copyright compliance statement by the requesting library.

CONTU stipulates that the requesting library must maintain records of all requests and of the fulfillment of these requests. The records must be retained for three complete calendar years after the end of the calendar year in which the requests were made.

Rule of Five--a rule to guide librarians in tracking appropriate levels of interlibrary loan copying.

• Rule of five: Only five articles from a periodical title published in the last five years may be obtained in any calendar year or Royalty Charges will apply.
• No more than one article in an individual issue of a periodical may be obtained in any calendar year or Royalty Charges will apply.

Public Domain-is one for which no copyright is held, thus it can be freely used, copied, or distributed by anyone

School Library Exemptions

It is great to be a school library...do you know why?  Well, school libraries are able to take advantage of school copyright exemptions and library exemptions.  But there is more paperwork and more regulations placed upon them.  

I know that it is a joke on some school faculties that "We are all going to copyright jail," but as the SLMS, I need to share the proper formats for using textbooks and other educational material with the copier, VCR/DVD, and CD's.  

I am not a lawyer, but I did stay at a Holiday Inn Express.  Teachers and others in the education field have been sued for violating copyright...it is a reality that some do not want to face.  Ignorance is not an excuse.