Download PPT

Copyright and Intellectual
Property Issues in the Digital
Environment
Amy Ginther
Project NEThics(sm)
Office of Information Technology
University of Maryland
CyberEthics Seminar for Professional Educators
University of Maryland
July 16-17, 2002
Ethical and Legal Implications of
Web Development
• Importance of respecting intellectual property,
protecting the incentive to create
• Organizational liability
• Familiarity with your organization’s acceptable
use policy (www.umd.edu/aug); other policies
Intellectual Property
•
•
•
•
Patents
Trade Secrets
Trade Dress
Trademarks
– Trademarks – ™
– Servicemarks – SM
– Registered Trademarks - ®
• Copyrights - 
Copyright Basics
Definition:
Property right of authors/creators whenever original expression is
fixed into a tangible medium
Registration:
Not required since 1978. Pre-requisite before filing lawsuit in
federal court under the copyright act.
Notice:
Not required since 1978. Useful for communicating intentions.
e.g., ©2002 Project NEThics, University of Maryland. Permission to use is
granted for non-profit, educational purposes as long as you attribute its source.
The Rights Comprised In The Copyright
• Reproduce (copy) the work;
• Prepare “derivative” works;
• Distribute the work to the public by sale or other
transfer of ownership
• Perform or display the work publicly
Use of Copyrighted Materials
• Risk Analysis, including exposure facilitated by the Web
• “Public Domain” – http://www.unc.edu/~unclng/public-d.htm
• Obtaining Copyright Permission
(http://www.umd.edu/NEThics/law/copyright/permissions.html)
– License - in writing
– Implied License
• Statutory Exceptions
– library exemptions—“first sale”
– “face-to-face instruction”
– “distance education”—fair use applies if part of systematic, ongoing
instructional activity involving regularly enrolled students
– “fair use”
Fair Use Factors
• Purpose of the use
Commercial vs. non-profit educational uses - the law explicitly supports
use for teaching, research, and scholarship
• Amount of the work used
Amount and substantiality of the portion used in relation to the
copyrighted work as a whole
• Characteristics or nature of the material being used
Fair use is more difficult to establish when the work is being used is
fictional or at the core of intended copyright protection
• Effect of the use on market value of original work
Must take into account not only the harm to the original but also of
harm to the market for derivative works
See: http://www.iupui.edu/~copyinfo/fuchecklist.html
Fair Use Guidelines
• Guidelines for Reproduction (Photocopying) of
Copyrighted Materials
– brief
– spontaneous
– not cumulative
• Guidelines for Multimedia
(http://www.libraries.psu.edu/mtss/fairuse/guidelinedoc.html)
– Use up to two years after first use
– Up to 10% or 3 minutes of motion media; 1000 words of text; 30 seconds of
music; no more than 5 images by an artist
Other Legal and Policy Issues
For Course Web Pages
• Hyperlinks
– Surface vs. Deep Links
– Framing
– Seeking permission?
(http://www.templetons.com/brad/linkright.html)
•
•
•
•
•
Metatags
Student Contributions to Course Web Sites
Student Images on Web Sites
Rights of Publicity
Privacy policy
Privacy Statement
• SB199: “Privacy Policies and Data Security”
• Collection of personal information on official
university websites: umd.edu; maryland.edu
• Link to http://www.umd.edu/privacy
Privacy Notice Requirement
If you are collecting personal information, you should
provide notice of the following:
•
•
•
•
The purpose for which the personal information is collected;
Any specific consequences for refusing to provide the information;
Your right to inspect, amend, or correct personal records, if any;
Whether the personal information is generally available for public
inspection; and
• Whether the personal information is made available or transferred to
or shared with any entity.
Encounters with Infringement
• A university in another country copies look and
feel of University of Maryland home page
• Criticism of company with trademarked images
of company on website
• Student uses images from site on personal page
about cruise trip
• Limited license yet software accessible on www
For more information, contact:
Project NEThics(sm)
Office of Information Technology
University of Maryland
http://www.umd.edu/NEThics
E-mail: [email protected]
Phone: 301.405.8787