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08 Aug 16
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2.1. The History Teacher Network: Copyright Law Hampers Teachers� Sharing of Educational Resources
[A more detailed version of this case study is <!--section link-->here]
The Center for History and New Media (CHNM) at George Mason University is a research center dedicated to using �digital media and computer technology to democratize history� and to enhance the presentation and preservation of the past. As part of this mission, CHNM is planning an online social networking service that will allow elementary and secondary school teachers to communicate across distances and provide mutual professional support.
CHNM recognized early on that one of the features in such a network that users will find most desirable is the opportunity for teachers who have developed successful classroom resources to share them with their colleagues. The exchange of resources incorporating photographs, animation, maps, sound clips, and the like lets teachers draw on one another�s creativity to stretch their limited time and supply budgets and to offer their students a rich, multifaceted learning experience. Through such a system, a teacher who had created, say, an excellent PowerPoint presentation about early African cultures, or
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Kenisha Adamscopyright does not confer any control over facts or ideas, only the particular expression of those facts or ideas in a work.
copyright does not confer any control over facts or ideas, only the particular expression of those facts or ideas in a work.-
explore whether innovative educational uses of digital technology were hampered by the restrictions of copyright. We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education.
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Digital technology makes informative content easier to find, to access, to manipulate and remix, and to disseminate.
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copyright does not confer any control over facts or ideas, only the particular expression of those facts or ideas in a work.
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copyright law does not prohibit teachers who create such a resource from showing it in their own classes, even if it contains copyrighted content.
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06 Nov 13
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3. Obstacle: Uncertain or Unfavorable Copyright Law
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3.1. Educational Use Exceptions
While the fair use doctrine (discussed below in <!--section link--> subsection 3.2) is the centerpiece of copyright exceptions applicable to digital learning, there are several narrower provisions intended to benefit educational uses of content. In general, their specificity provides clear protection for those activities that fall within their confines. That same specificity often makes these exceptions narrow and bound to particular technology, however.
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If the educational use exceptions are excessively specific and narrow, the fair use doctrine presents exactly the opposite problem. The fair use doctrine has evolved through over a century and a half of judicial decisions as a defense to copyright liability governed by a very general set of standards. The only way to predict whether the doctrine will immunize a particular use from liability is to analogize the facts at hand to those of other cases that have come before the courts in the past.
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Some of the most fundamental elements of copyright law support this balance. So, for instance, copyright does not confer any control over facts or ideas, only the particular expression of those facts or ideas in a work. As a result, a historian can sue someone who copies the language she used to describe events, but not the underlying raw information. Copyright also confers control only over the intangible creative content of a work, not the physical object that houses content such as a book or CD. This limitation is reinforced by the �first sale� doctrine, which allows a person who buys an authorized copy of a book to dispose of it how he pleases, including selling or loaning it to someone else.
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Some of the most fundamental elements of copyright law support this balance. So, for instance, copyright does not confer any control over facts or ideas, only the particular expression of those facts or ideas in a work. As a result, a historian can sue someone who copies the language she used to describe events, but not the underlying raw information. Copyright also confers control only over the intangible creative content of a work, not the physical object that houses content such as a book or CD. This limitation is reinforced by the �first sale� doctrine, which allows a person who buys an authorized copy of a book to dispose of it how he pleases, including selling or loaning it to someone else.
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While the fair use doctrine (discussed below in <!--section link--> subsection 3.2) is the centerpiece of copyright exceptions applicable to digital learning, there are several narrower provisions intended to benefit educational uses of content. In general, their specificity provides clear protection for those activities that fall within their confines. That same specificity often makes these exceptions narrow and bound to particular technology, however.
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3.4. Education and Copyright Law in Non-U.S. Systems
Most of the discussion of legal issues thus far has focused on the copyright law of the United States. While various international agreements over the last half century have moved various national intellectual property laws closer to one another, there are still very significant differences between U.S. law and law in other countries. At least two differences are worthy of brief mention.
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Britain and some Commonwealth countries
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fair dealing
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07 Oct 13
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igital technology revolutionizes many of the ways we receive and use information every day
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Copyright Fundamentals
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(including literary, dramatic, musical, visual, architectural, and other kinds of works)
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in a permanent tangible form, such as being written down on paper or recorded in digital form. Generally speaking, under the most recent extension of the copyright term, passed by Congress in 1998, the rights most often persist for seventy years after the author�s death, or for a total of ninety-five years if the �author� is a corporation.
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The most commonly cited rationale for granting such strong rights is the desire to furnish incentives to create original work. By granting legal protection against copying and other unauthorized exploitation of the work, copyright seeks to ensure that creators and distributors of works reap the monetary rewards flowing from their efforts. The availability of these rewards, in turn, should stimulate further creative work. Without copyright, others might easily copy a work of authorship and never pay its originators for it. Digital technology and the accompanying ability to make perfect copies of content have further increased this feature of intellectual property.
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n practice, the creator of a work often licenses or transfers some or all of these rights to other entities (such as publishers, universities, record companies, or periodicals) who then may enforce the rights themselves.
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Educational Use Exceptions
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The Fair Use Doctrine
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18 Jul 12
bcby c"The Digital Learning Challenge:
Obstacles to Educational Uses of Copyrighted Material in the Digital Age
A Foundational White Paper"copyright education law digital e-learning creativecommons technology article
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L EatonThis foundational white paper reports on a year-long study by the Berkman Center for Internet and Society, funded by a grant from the Andrew W. Mellon Foundation, examining the relationship between copyright law and education. In particular, we wanted to explore whether innovative educational uses of digital technology were hampered by the restrictions of copyright. We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education.
The paper builds on four detailed case studies of initiatives that have encountered such obstacles. Each of these initiatives is moving forward, but only by fighting against a copyright-related system that instead should be helping educators accomplish their goals.copyright creativecommons technology education law digital fair use copyright and education copyright resources
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30 Jan 12
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Hannah Van SickleHow to apply copyright basics in education.
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Peggy George"This foundational white paper reports on a year-long study by the Berkman Center for Internet and Society, funded by a grant from the Andrew W. Mellon Foundation, examining the relationship between copyright law and education. In particular, we wanted to explore whether innovative educational uses of digital technology were hampered by the restrictions of copyright. We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education."
copyright education digital law e-learning creativecommons technology
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Jennifer MitchellThis websites gives an overview of copyright laws in the digital world, to give user a foundation of what can be legally used.
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11 Nov 10
Avery Williams5.2. Locating the Rightsholder 5.2.1. Licensing Intermediaries ..... The most basic sort of infringement is copying or distribution of a work without ... This section summarizes the four case studies completed as part of research ...... of the compulsory license, have reached separate agreements with PBS and its ...
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In short, these rightsholders argue that the act of digitization is itself
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Copyright law reinforces the power of DRM systems through the Digital Millennium Copyright Act (“DMCA”), found in chapter 12 of the statute
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04 Jun 08
Laura DeisleyMellon Foundation funded this white paper. Looks VERY helpful
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Wytze KoopalThe Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age
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This foundational white paper reports on a year-long study by the Berkman Center for Internet and Society, funded by a grant from the Andrew W. Mellon Foundation, examining the relationship between copyright law and education. In particular, we wanted to explore whether innovative educational uses of digital technology were hampered by the restrictions of copyright. We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education.
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