Module 9. Intellectual Property Rights in the Digital Age

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TH/2007/CI/003

Empowering Information Professionals:

A Training Programme on Information and

Communication Technology

This training programme is intended for people working in libraries and information

centers. The nine-module programme aims to provide them with the knowledge and skills

they need to deal with the application of ICTs in library and information services. It is

also intended for students and teachers of Library and Information Science.

The package was developed by the UNESCO Asia and Pacific Regional Office with

funding from the Japanese Fund in Trust for Communication and Information.

The nine modules are:

• Module 1 - Introduction to Information and Communication Technologies

• Module 2 - Introduction to Library Automation

• Module 3 - Information Seeking in an Electronic Environment

• Module 4 – Creation and Management of Databases Using CDS/ISIS

• Module 5 - The Internet as an Information Resource

• Module 6 - Web Page Concept and Design: Getting a Web Page Up and Running

• Module 7 - Library Management and Promotion

• Module 8 - Digital Libraries and Open Access

• Module 9 - Intellectual Property Rights in the Digital Age

All the Modules have a Teacher's Guide and a Student’s Text.

Empowering Information Professionals: A TrainingProgramme on Information and Communication

Technology

Module 9Intellectual Property Rights in the

Digital Age

Teacher’s Guide

UNESCO

Empowering Information Professionals: A Training Programme on Informationand Communication Technology. Module 9: Intellectual Property Rights in the DigitalAge, Teacher’s Guide. – Edited by Andrew Large. Bangkok: UNESCO Bangkok, 2007.

1. Intellectual Property Rights. 2. Copyright. I. Large, Andrew, Editor. II. UNESCOBangkok. III. Japanese Funds-in-Trust. IV. Title.

Disclaimer

The designations employed and the presentation of material throughout this publicationdo not imply the expression of any opinion whatsoever on the part of UNESCO or theJapanese Funds-in-Trust concerning the legal status of any country, territory, city orarea, or of its authorities or concerning the delimitation of its frontiers or boundaries.

The author is responsible for the choice and the presentation of the facts contained inthis book and for the opinions expressed therein, which are not necessarily those ofUNESCO or the Japanese Funds-in-Trust, and do not commit either organization.

This publication was authored by Lourdes T. David in consultation with theCommunication and Information Unit, UNESCO Bangkok.

Chief Editor: Caroline HaddadEditor: Andrew Large

ISBN 92-9223-099-9

Module 9: Intellectual Property Rights in theDigital Age

Table of Contents

Page

General Guidelines ............................................................................................... 1

Introductory Note ......................................................................................... 1

Rationale ....................................................................................................... 1

Content of the Training Programme ............................................................ 2

Prerequisites ................................................................................................. 3

Materials and Equipment ............................................................................. 3

Teaching Tips................................................................................................ 4

Evaluation ..................................................................................................... 4

Typographical Conventions ......................................................................... 5

Overview ................................................................................................................ 6

Learning Outcomes ...................................................................................... 6

Schedule........................................................................................................ 6

Module Outline............................................................................................. 7

Grading Policy .............................................................................................. 7

List of Activities ........................................................................................... 8

Assessment ................................................................................................... 9

Reading/Reference List ................................................................................ 9

Glossary ........................................................................................................ 11

The Lessons ........................................................................................................... 12

Lesson 1: What Are Intellectual Property Rights? ..................................... 12

Lesson 2: Are Existing Copyright Laws Applicable in the Digital Age? .. 19

Evaluation ............................................................................................................. 22

Acknowledgements

The Communication and Information (CI) Unit, UNESCO Bangkok wishes to thankthe following individuals for their contribution to Empowering Information Professionals:A Training Programme on Information and Communication Technology:

� Ms. Lourdes T. David, Director, Rizal Library, Ateneo de Manila University, thePhilippines, has developed the module.

� Dr. Andrew Large, CN-Pratt-Grinstad Professor of Information Studies at McGillUniversity, Montreal, Canada, has edited the module.

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Teacher’s Guide

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Empowering Information Professionals: A TrainingProgramme on Information and Communication

Technology

General Guidelines

Introductory NoteLibrary schools are now changing their curricula to produce graduates who are preparedfor the changing service requirements that libraries offer. The majority of practitioners,however, graduated before the advent of the Information Age or studied in schools thatdid not teach information and communication technologies (ICTs) for various reasons.This group of practitioners is now finding itself unprepared for the new demands of theprofession. “Empowering Information Professionals: A Training Programme on Informationand Communication Technology” this identified need.

People working in libraries and information centres are the primary target group of thistraining programmes. It is intended to provide them with the knowledge and skills todeal with the application of ICTs to library and information services. It is also intendedfor use by teachers of students in library schools and by library and information centrepersonnel. The Package has been developed by the UNESCO Asia and Pacific RegionalOffice with funding from the Japanese Funds-in-Trust for Communication and Information.

RationaleIn 1961, Marion Harper Jr. wrote, “To manage a business well is to manage its future;and to manage the future is to manage information.”1 Less than 25 years later, JohnNaisbitt, in discussing ten megatrends that were happening in the US, said “None ismore subtle, yet more explosive, I think than this first, the megashift from an industrialto an information society.”2 According to Naisbitt, “In 1950, only 17 percent of usworked in information jobs. Now more than 60 percent of us work with information asprogrammers, teachers, clerks, secretaries, accountants, stock brokers, managers,insurance people, bureaucrats, lawyers, bankers and technicians.”3 He groups librariansamong professional workers who “are almost all information workers…”

As society moves forward in using information to improve the quality of life, it is criticalthat the professionals in charge of creating, collecting, communicating, and consolidating

1 As cited in: Naisbitt, John. Megatrends: Ten New Directions Transforming Our Lives. New York, N.Y.: WarnerBooks, 1982, p. 11.

2 Ibid, p. 14.3 Ibid, p. 15.

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Intellectual Property Rights in the Digital Age

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information are knowledgeable and skilled in using technologies that make these activitiesmore efficient. Librarians and other information professionals have a unique role ineducation and society. They are responsible for providing citizens with equal access toinformation and for preserving knowledge for the next generation. Traditional librarieswill stand the test of time, but ICTs also have brought about a transition from analog todigital forms of information creation and delivery. Thus, the information age is alsocalled the “digital age,” and the society is called an “information society” that ischaracterized by ICTs and information-literate individuals who demand fast and efficient24 × 7 access to information.

Content of the Training ProgrammeThe Training Programme contains nine modules:

� Module 1 – Introduction to Information and Communication Technologies

� Module 2 – Introduction to Library Automation

� Module 3 – Information Seeking in an Electronic Environment

� Module 4 – Creation and Management of Databases Using CDS/ISIS

� Module 5 – The Internet as an Information Resource

� Module 6 – Web Page Concept and Design: Getting a Web Page Up and Running

� Module 7 – Library Management and Promotion

� Module 8 – Digital Libraries and Open Access

� Module 9 – Intellectual Property Rights in the Digital Age

All the modules have a Teacher’s Guide and a Student’s Text. The Teacher’s Guideshould not be distributed to the students.

Teacher’s Guide

The Teacher’s Guide includes the following:

� General Guidelines

⇒ Introductory Note ⇒ Materials and Equipment⇒ Rationale ⇒ Teaching Tips for Face-to-Face⇒ Content of the Training Instruction

Programme ⇒ Evaluation⇒ Prerequisites ⇒ Typographical Conventions

� Overview of Module

⇒ Learning Outcomes ⇒ List of Activities⇒ Schedule ⇒ Assessment⇒ Module Outline ⇒ Reading/Reference List⇒ Grading Policy ⇒ Glossary

� Lessons

� Evaluation Form

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Prerequisites� Module 1. The student must have a genuine interest in understanding the impact

of new information technologies on the practice of Library and Information Science.

� Modules 2-9. The student must understand the content of Module 1.

Materials and EquipmentThe teacher and the students must have the facilities and technical support required tocarry out the course. They must have CD-ROM drives and online access to the Internet.The teacher must be knowledgeable and skilled in using computers, the Internet,CD-ROMs and a variety of software and other electronic resources. Copies of the corematerials can be downloaded and printed if desired.

� Teacher’s Guide

� Hands-on exercises

� Computer system

❍ Recommended:

⇒ CPU – Intel Celeron D336 or Intel Pentium 506 (2.66)LGA 775 or higher

⇒ Memory – 512 MB PC400 DDR

⇒ Hard Drive – WD 40GB 7200RPM

⇒ CD-ROM/DVD drive (52x CD-ROM combo drive or 52 DVD combo drive)

⇒ Monitor – 15-17″ CRT or LG EZ 17″ Flatron

⇒ Modem – 56 k or DSL or Cable

⇒ AVR – 500 w

⇒ Printer – Laser

❍ Minimum

⇒ Pentium IV Processor

⇒ 128 MB RAM

� Operating system software (Windows 98 with all the updates or Windows XPService Pack2/XP Professional)

� Application software MS Office 2000

� Other applications (Acrobat Reader, Multimedia Flash Reader)

� Internet access

❍ If dial-up: modem card, telephone and Internet service provider.

❍ If DSL: integrated LAN card and Internet service provider.

❍ Internet cafes and other service centres.

� Communication Tools. Asynchronous communication by e-mail, discussion groupsand synchronous communication such as chat tools and virtual conference willbe used as needed and whenever possible. Video will not be used due topossible limitations in access capabilities of some students.

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Teaching Tips for Face-to-Face Instruction of Modules(Please note that Module 5 is delivered by online mode. Instructions for it are providedin the module.)

� Speak slowly and clearly to ensure that students can follow you – this is especiallyimportant if some or all of the students do not have English as their first language.

� Do not read your lecture notes verbatim. This is a sure way of losing yourstudents’ attention.

� Always show an interest in what you are teaching.

� The modules have been carefully planned, with exercises and discussions as wellas lectures. Try to follow the schedule as set out in each module.

� Try to use examples as often as possible to explain concepts. If the examples aretaken from the students’ own countries or regions, so much the better.

� Try to keep within the daily timetable recommended for the module – if you getbehind in one lesson it may be difficult to make up time in a later lesson. Avoidextending the class beyond the time period allotted.

� Be prepared to use back-up materials if for any reason the computer will notfunction during a lesson.

� Try to answer all questions from students, but if you do not know the answer toa question, it is better to admit it than to try and bluff.

� Make sure that all equipment needed for a lesson is working properly before thelesson begins – things can often go wrong!

� Be ready to stay behind for a few minutes after each lesson to answer questionsthat students may have, but that they did not wish to ask in class.

Module EvaluationAt the end of a module, ask your students to evaluate it. The evaluation of the moduleby the students is meant to help you improve your teaching and should be seen in thislight rather than as a criticism of yourself. Make use of it to do an even better job nexttime. The evaluation form is found after the last lesson of each module.

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Typographical ConventionsThe following conventions are used throughout the modules.

Course Guide

General introduction to the modules

Note

General note to the teacher and additional information

Tip

Teaching tips and supplemental materials

Activity

Activity for the students

Assessment

Questions/activities to measure learning

End of General Guidelines

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Overview

This is the Teacher’s Guide for Module 9 of the training programme,Empowering Information Professionals: A Training Programme onInformation and Communication Technology. Module 9 is aboutIntellectual Property Rights in the Digital Age.

Learning OutcomesBy the end of the module, the student should have acquired knowledge inimplementing copyright rules and regulations in libraries. Specifically, thestudent should:

1. Be able to define and understand the term “intellectual propertyright.”

2. Be able to define and understand the meaning of “copyright.”3. Realize the limitations of copyright in the digital age.

ScheduleModule 9 is designed to be completed in one day (a total of 8 hours of study).

��

Day LessonsDay 1 Lesson 1: What Are Intellectual Property Rights?Day 1 Lesson 2: Are Existing Copyright Laws Applicable in the Digital Age?

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Teacher’s Guide

Module Outline

Lesson 1: What Are Intellectual Property Rights?

Scope Objectives

� What are intellectual property rights? By the end of the lesson, students should:� What is copyright? � Be able to define and explain the� What is fair use? following terms:� What is first sale? ❍ Intellectual property rights� What is the impact of copyright law ❍ Copyright

on library services? ❍ Fair use❍ First sale

� Be able to provide information serviceswithout infringement of copyright.

Lesson 2: Are Existing Copyright Laws Applicable in the Digital Age?

Scope Objectives

� Copyright in the digital age By the end of the lesson, the student should:� Be able to identify copyright

infringements in the digital age.� Be able to identify allowable copying

and distribution in the digital age.

Grading PolicyA score of 50 points is needed to pass Module 9. The breakdown of points for themodule’s assessment is as follows:

Lessons PointsLesson 1: What Are Intellectual Property Rights? 50Lesson 2: Are Existing Copyright Laws Applicable in the Digital Age? 50

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List of Activities

Lesson 1

Activity 1.1Read these articles:

1. Copyright Law and Fair Use. Stanford. http://www-sul.stanford.edu/cpyright.html

2. Library of Congress, Copyright Office. Copyright Basics.http://www.loc.gov/copyright/circs/circ1.html

3. Copyright Office Basics. http://www.copyright.gov/circs/circ1.html

4. American Library Association. ALA Copyright Issues. http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm

Activity 1.2Go to the following sites to see differences in the provision of copyrightlaw in the Philippines, the USA and Australia

1. http://www.chanrobles.com/legal7copyright.htm

2. http://www.copyright.org.au

3. http://dml.indiana.edu/html/crews-sec108/section108oerview.html

Lesson 2

Activity 2.1Visit the following sites for insight into the ethics of using digital materials.

1. Web Site Legal Issues. http://www.bitlaw.com/internet/webpage.html

2. Ethics of Internet Use. http://onlineethics.org/topics/interethics.html

3. Keeping It Legal: Copyright and Other Legal Issues Arising Out ofWeb Site Management. http://fno.org/jun96/legal.html

Activity 2.2Use the Internet to search for laws in your own country that affect copyrightin the digital age. If there are none, look for the copyright provisionsaffecting libraries in your country.

Module 9Lesson 1

Module 9Lesson 1

Module 9Lesson 2

Module 9Lesson 2

http://www-sul.stanford.edu

http://www.loc.gov/copyright/circs/circ1.html

http://www.copyright.gov/circs/circ1.html

http://www

http://www.chanrobles.com/legal7copyright.htm

http://www.copyright.org.au

http://dml.indiana.edu/html/crews-sec108/section108oerview.html

http://www.bitlaw.com/internet/webpage.html

http://onlineethics.org/topics/interethics.html

http://fno.org/jun96/legal.html

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Assessment

Assessment 1Answer the following questions:

1. Can libraries photocopy a whole book for purposes of interlibraryloan? Explain.

2. Could an individual person copy charts, maps, etc. for a presentationat a seminar and keep them for repeated use afterwards? Explain.

Assessment 2Write down some copying practices in your library. Are these infringementsof copyright? How do you propose to solve these issues to protect yourlibrary and your institution?

Reading/Reference List


2. Australian Copyright Council (2005). Information Sheet: An Introductionto Copyright in Australia. July. http://www.copyright.org.au

3. Bitlaw. Web Site Legal Issues. http://www.bitlaw.com/internet/webpage.html

4. Copyright and fair use in the digital age: Q&A with Peter Lyman.(1995) Educom Review, Vol. 30, No. 1, January/February. http://www.educause.edu/pub/er/review/reviewarticles/30132,html


6. Crews, K. (2000) Copyright Essentials for Librarians and Educators.Chicago: American Library Association.

7. Crews, K. (2001) Digital Libraries and the Application of Section 108of the US Copyright Act. http://dml.indiana.edu/html/crews-sec108/section108overview.html

8. Dreier, T. (1997) Copyright Law and Digital Exploitation of Works:The Current Landscape in the Age of the Internet and Multimedia.http://www.ipa-uie.org/copyright/copyright_pub/dreier.html

9. Intellectual Property Code of the Philippines (Republic Act No. 8293).Part IV. Copyright. http://www.chanrobles.com/legal7copyright.htm

Module 9Lesson 1

Module 9Lesson 2

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http://www


http://www.bitlaw.com/internet/webpage

http://www


http://dml.indiana.edu/html/crews-sec108

http://www.ipa-uie.org/copyright/copyright_pub/dreier.html


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10. Keeping it legal: Copyright and other legal issues arising out of website management. (1996) From Now On, Vol. 5 No. 7. http://fno.org/jun96/legal.html

11. Library of Congress. Copyright Office. Copyright Basics. http://www.loc.gov/copyright/circs/circ1.html

12. Lutzker, A. (1999) Primer on the Digital Millennium: What the DigitalMillennium Copyright Act and the Copyright Term Extension Act Meanfor the Library Community. http://www.ala.org/washoff/primer.html

13. OnlineEthics.org. Ethics of Internet Use. http://onlineethics.org/topics/interethics.html

14. Russel, C. (2003) “Libraries in Today’s Digital Age, The CopyrightControversy” ERIC Digest. http://www.michaellorenzen.com/eric/copyright.html

15. Stanford University. Copyright Law and Fair Use. http://www-sul.stanford.edu/cpyright.html

16. Strong, W.S. (1994) “Copyright in the New World of ElectronicPublishing,” AAUP Electronic Publishing Seminar II: Policies,Strategies, Possibilities, Annual Meeting of the American Associationof University Presses, Washington, D.C., June 18. http://www.press.umich.edu/jep/works/strong.copyright.html

17. U.K. Patent Office (2003) What is Copyright? http://www. intellectual-property.gov.uk/std/faq/copyright/what.htm

18. U.S. Copyright Office (2006) Copyright Office Basics. http://www.copyright.gov/circs/circ1.html

19. U.S. Copyright Office (2006) Fair Use. http://www.copyright.gov/fls/fl102.html

20. W3C Intellectual Property Rights Overview. http://www.w3.org/IPR

21. Witten, I.H. & Bainbridge, D. (2003) How to Build a Digital Library.Amsterdam: Morgan Kaufmann

22. World Intellectual Property Organization (2006) What is WIPO?http://www.wipo.int/about-wipo/en/what_iswipo.html. (Works aboutcopyright, fair use and intellectual property rights are also availablefrom the WIPO website at http://www.wipo.int

http://fno.org

http://www

http://www.ala.org/washoff/primer.html

http://onlineethics.org/topics

http://www.michaellorenzen.com/eric

http://www-sul

http://www

http://www

http://www

http://www.copyright.gov/fls

http://www.w3.org/IPR

http://www.wipo.int/about-wipo/en/what_iswipo.html

http://www.wipo.int

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Teacher’s Guide

Glossary

1. Copyright – a legal term describing rights given to creators for theirliterary and artistic works.

2. Copyright Infringement – using material protected by copyrightwithout permission from the owner, or authorizing and/or selling aninfringement.

3. Creator – author of the work; person to whom the work is attributed.The copyright owner.

4. Fair Use Principle – allows the library to copy a work. The four-factor test will enable the library to decide whether use is fair or notin the event that a copy has to be made.

5. First Sale Doctrine – provision that allows the library, once it haslawfully acquired a copy of a work, the right to distribute the copywithout permission from the copyright holder. First sale enableslibraries to loan books or conduct interlibrary loans without committingcopyright infringement.

6. Intellectual Property Right – creations of the mind: inventions,literary and artistic works, and symbols, names, images, and designsused in commerce.

7. Moral Rights – creator’s right to take action if a work is falselyattributed to someone else, or if the work is distorted.

8. WIPO – the World Intellectual Property Organization is the specializedagency of the United Nations dedicated to developing a balancedand accessible international intellectual property (IP) system thatrewards creativity, stimulates innovation and contributes to economicdevelopment while safeguarding the public interest.

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IntroductionLibraries are committed to providing equitable access to information to the communitiesthey serve. How do intellectual property rights and copyright affect this mission? Thepurpose of copyright is to protect the author while at the same time benefiting the userof information. It balances the interests of the copyright holder and the users. Whatare the rights and responsibilities of individuals and libraries under copyright law?

What is Intellectual Property Right?The World Intellectual Property Organization (WIPO) is the specialized agency of theUnited Nations that is dedicated to developing a balanced and accessible internationalintellectual property (IP) system which rewards creativity, stimulates innovation andcontributes to economic development while safeguarding the public interest (WIPO,2006). It is an intergovernmental organization that administers a number of internationaltreaties. In 1996, two of these treaties were concluded in Geneva. The first is theWIPO Copyright Treaty (WCT), while the second is the WIPO Performances andPhonograms Treaty (WPPT).

The purpose of the two treaties is to update and supplement the major existing WIPOtreaties on copyright and related rights in response to developments in technology andthe information industry, including developments in the dissemination of materialsover the Internet.

WIPO defines intellectual property as “creations of the mind: inventions, literary andartistic works, and symbols, names, images, and designs used in commerce.” Accordingto WIPO, “Intellectual property is divided into two categories: Industrial Property,which includes invention (patents), trademarks, industrial designs, and geographicindications of source; and copyright, which includes literary and artistic works such asnovels, poems and plays, films, musical works, artistic works such as drawings, paintings,photographs and sculptures, and architectural designs. Related rights to copyrightinclude those of performing artists in their performances, producers of phonograms intheir recordings, and those of broadcasters in their radio and television programmes.”

Module 9 will not cover industrial property. It will only discuss copyright andrelated rights as they apply to the library setting. The purpose of the module is to givea general introduction to copyright and the impact of the Internet on it.

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What is Copyright?Copyright is a legal term describing rights given to creators for their literary andartistic works. Copyright protection is automatic whether the work is registered or not.As soon as the work is written, it is protected. The kinds of works covered bycopyright include: literary works such as novels, poems, plays, reference works,newspapers and computer programs; databases; films, musical compositions andchoreography; and artistic works such as drawings, photographs and sculpture. (WIPO,2006). It does not protect ideas, concepts, styles, techniques and information; namestitles and slogans; people and people’s images.

Copyright is complex and varies from country to country. The Berne and RomeConventions govern international copyright law. Each country has its own applicationsof the law. For example, in the United States the Digital Millennium Copyright Actwas passed in 1998 to address digitally-networked environments. Australia’s CopyrightAct (1968) has been regularly amended to address changes in the informationenvironment. In the Philippines, the latest version of the law took effect in 1998.

Activity 1.1Read these articles:

1. Stanford University. Copyright Law and Fair Use. http://www-sul.stanford.edu/cpyright.html

2. Library of Congress. Copyright Office. Copyright Basics.http://www.loc.gov/copyright/circs/circ1.html



Who Owns Copyright?In general, the creator of the work owns the copyright. In cases when there are two ormore creators, it is important to have a written agreement as to who owns the copyright.There are, however, exemptions to this rule and such exemptions vary from country tocountry. It is recommended that users of copyrighted material refer to the copyrightprovisions for the appropriate country. Examples follow.

� Employees. In Australia, when the work is done by an employee during officehours as part of the job, the employer will own the work. This is also true in thePhilippines unless otherwise specified. If the work is not part of regular duties,however, the employee will own the copyright even if the time, facilities andmaterials of the employer were used to create it.

Module 9Lesson 1

http://www-sul



http://www

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� Government agency.4 In the Philippines, no copyright will subsist in any workof the government agency; however, prior approval of the agency is required forexploitation of such work for profit.

Copyright Owner’s Exclusive Rights

� Right to reproduce the work (including photocopying, copying by hand, filmimg,recording and scanning).

� Make the work public for the first time.

� Communicate the work to the public.

� Perform the work in public (including showing films, playing recordings).

� Make an adaptation (including translation, dramatization, transcription).

� Transmitting files and sound recordings to the public using any form of technology(via e-mail, broadcasting, etc.).

� Re-broadcasting by television or sound broadcasts.

Copyright can also be reassigned (for example, to a publisher) and/or expire after thedeath of the author. The duration of copyright varies from country-to-country. In thePhilippines copyright lasts for the duration of the life of the creator plus 50 years. InAustralia, effective January 1, 2005, the duration of copyright is the duration of the lifeof the creator plus 70 years, or 70 years from the time the work is first published.

What is Copyright Infringement?In general, copyright infringement consists of using material protected by copyrightwithout permission from the owner, or authorizing and/or selling an infringement.

Examples:� Authors may use technology to protect digital material from copyright infringement.

Under the copyright act, owners may take action against people who circumventtechnological protection measures (TPMs) without permission

� Using information without permission, if the material used is an important partor is a large part of the work, without the author’s permission

� Reproduction of the work or a substantial portion of the work

� Dramatization, translation, adaptation, abridgement, arrangement or othertransformation of the work (Philippines)

� Rental of the original copy of an audiovisual or cinematographic work, a workembodied in a sound recording, a computer program, a compilation of data andother materials or a musical work in graphic form, irrespective of the ownershipof the original or the copy which is the subject of the rental

4 Philippines. Republic Act 8293, June 6, 1997. Part IV Chapter VI Sec. 178.4.

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� Public performance of the work

� Public display of the work

Non-infringement ActivitiesThere are uses of copyright material without permission which are allowable. Theprovisions of the law are very specific regarding these cases. Only the provisions for“fair use” for the individual, provisions for copying by libraries and educationalinstitutions (including performances and displays in face-to-face teaching and distanceeducation) will be discussed.

Morals RightsIn addition to copyright, creators have “moral rights.” These are a creator’s rights tobe identified as the creator of a work, and to take legal action if the work is falselyattributed to someone else or distorted.

What is First Sale?According to Russel (2003), “Once a library or an individual has lawfully acquireda copy of a work, the first sale doctrine of the copyright law (17 U.S.C. Section 109)allows that the library or individual may exercise another exclusive right of copyright –the right to distribute the copy – without permission of the copyright holder. First saleenables libraries to loan books or conduct inter-library loans without committing copyrightinfringement.” However, the library or individual must also observe provisions of “fairuse.”

What is Fair Use?The provisions of RA 8293 (Philippines) will be cited here. Comparison with provisionsin other countries will be made as appropriate.5 In general, these provisions are similarto those in other countries although there might be variations in certain specificapplications.

“The fair use of a copyrighted work for criticism, comment, news reporting, teaching(including multiple copies for classroom use), scholarship, research, and similar purposesis not an infringement of copyright. Decompilation, which is understood here to be thereproduction of the code and translation of the forms of the computer program toachieve the inter-operability of an independently created computer program with otherprograms, may also constitute fair use. In determining whether the use made of a workin any particular case is fair use, the factors to be considered shall include:

(a) The purpose and character of the use, including whether such use is ofa commercial nature or is for non-profit educational purposes;

5 Philippines. Republic Act 8293, June 6, 1997. Part IV Chapter VIII Sec. 185. Fair use of a CopyrightedWork.

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(b) The nature of the copyrighted work;

(c) The amount and substantiality of the portion used in relation to the copyrightedwork as a whole; and

(d) The effect of the use upon the potential market for or value of the copyrightedwork.”

The 4-Factor Test for Fair Use

� What is the character of the use? Is it nonprofit, educational or personal? If youranswer is yes, it could be considered fair use.

� What is the nature of the copyrighted work? Is it fact or is it imaginative? If it isfact, the fair use principle could probably be applied.

� What is the amount and substantiality of the portion used? Is it just a smallamount relative to the whole? Is it a big portion of the work? If the answer is yesand it is a small amount, then fair use could apply.

� Will the use of the material have impact on the potential market for the material?If the answer is yes and the creator of the work will lose money substantially,then the use is not fair.

The private reproduction of a published work in a single copy, where the reproductionis made by a natural person exclusively for research and private study, shall be permitted,without the authorization of the owner of the copyright of the work. Copying however,shall not extend to:

� the reproduction of an entire book, or a substantial part thereof, or of a musicalwork in graphic form by reprographic means;

� a compilation of data and other materials;

� a computer program;

� any work where reproduction would unreasonably prejudice the legitimate interestof the author.

The copying or adaptation of a computer program is limited to the necessity for

� the use of the computer program in conjunction with the computer for the purpose,and to the extent for which the computer program has been obtained; and

� archival purposes, and for the replacement of the lawfully owned copy of thecomputer program if lost, destroyed or rendered unusable.

The guideline for “fair use” is: limited content (small portion of the work), limitedtime (used in a semester and not repeatedly used by the same teacher for the subjectyear after year) and limited access (not to be distributed to non-members of the class).Access should be terminated after the term. Students may keep materials and images

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Teacher’s Guide

in their portfolios. In addition, the copyright notices on the original, and appropriatecitations and attributions to the source, must be included. If, however, the materials areto be repeatedly used, permission must be obtained from the copyright owner.

Library’s Special RightsLibraries are authorized to exercise special rights in addition to fair use. Some of theseare:

� Archiving lost, stolen, damaged or deteriorating works

� Making copies for library patrons

� Making copies for other libraries’ patrons (inter-library loan)

Performances and Displays in Face-to-Face Teaching and DistanceEducationEducational institutions are also authorized to publicly display and perform others’works in the course of face-to-face teaching activities, and to a lesser degree in distanceeducation. Course pack materials must be limited to a single chapter, single articlesfrom a journal issue, several charts, graphs or illustrations and other similarly smallparts of a work. The copyright notices on the original and appropriate citations andattributions to the source must be included in the course packs. If, however, thematerials are to be repeatedly used, permission must be obtained from the copyrightowner.

Copyrighted materials may be incorporated into multimedia works and displayed orperformed by students and faculty in connection with the creation of: class assignments,curriculum materials, instruction, examinations, professional conferences, seminars,etc.

Activity 1.2Go to the following sites to see differences in the provisions of copyrightlaw in the Philippines, the USA and Australia.

� http://www.chanrobles.com/legal7copyright.htm

� http://www.copyright.org.au

� http://dml.indiana.edu/html/crews-sec108/section108oerview.html

International Copyright ProtectionThere is no such thing as international copyright protection, but most countries do offerprotection for foreign works under copyright treaties and conventions.

Module 9Lesson 1



http://dml.indiana.edu/html/crews-sec108/section108oerview.html

18

Module 9


ReminderIf in doubt about the provisions of the law, for a particular application, ask permissionto use the material from the copyright owner and/or consult a lawyer because copyrightlaws in different countries vary. However, remember too that because of the internationalconventions, there is reciprocity in the law with countries that are a party to theconvention, treaty or agreement relating to intellectual property rights.

AssessmentAnswer the following questions:

1. Can libraries photocopy a whole book for purposes of inter-libraryloan? Explain.

2. Could an individual copy charts, maps, etc. for a presentation ata seminar and keep them for repeated use afterwards? Explain.

Module 9Lesson 1

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Module 9

Teacher’s Guide

Lesson 2: Are Existing Copyright Laws Applicablein the Digital Age?

IntroductionIn today’s networked society, the community served by the library is no longer confinedto the academic campus or town. The community is the entire world, accessinginformation from anywhere. Libraries, too, have expanded and have websites that actas portals to information that they contain. In addition, inter-library loans can be in theform of materials sent digitally.

On the other hand, while information technologies have enhanced the creation anddistribution of information, these same technologies can control public access toinformation. Commercial companies have added tools to their products that disallowaccess unless the proper user identification and passwords are presented. These practiceshinder electronic transfer of information.

The purpose of copyright law is to balance the rights of copyright holders and users. Isexisting copyright law still applicable to the digital age? Libraries pay for informationto equitably deliver it to their communities. As more and more information becomesavailable in digital format, care must be taken by libraries to ensure that the public canenjoy the same access rights as with printed information.

Activity 2.1Visit the following sites for insight on the ethics of use of digital materials.

1. Web Site Legal Issues – http://www.bitlaw.com/internet/webpage.html

2. Ethics of Internet use – http://onlineethics.org/topics/interethics.html

3. Keeping it Legal: Copyright and Other Legal Issues Arising out ofWeb Site Management http://fno.org/jun96/legal.html

The Digital CopyCopyright is based on the copy of the material. In the print era, the copy was tangible,and one of the exclusive rights of the copyright holder is the right to make a copy. Inthe digital age, digital copies are created as soon as the material is accessed. It iscopied to the cache of the computer. The digital copy is also very easy to modify,manipulate and distribute. In addition, digital copies have no permanency. Thus, forlibraries, the digital copy may not be owned, but only leased. Once the subscription isstopped, the copy is lost. The concept of first sale may also not be applicable to digitalmaterials because of the lack of ownership. Libraries now have problems engaging incirculation and inter-library loans because of the absence of a tangible copy.

Module 9Lesson 2




20

Module 9


Licensing vs. OwnershipToday, libraries do not purchase digital materials to own. Instead, they purchase theright to access, which requires an ongoing subscription. Licenses are contracts betweenthe library and the supplier of the information and dictate what the library can orcannot do with the materials. Although access is faster and wider, what users can do orcannot do are also affected by licensing issues.

Preservation IssuesCopyright law allows libraries to make copies of print and digital materials forpreservation purposes. Libraries that license digital materials may not have thecontractual right to preserve materials. It is also unclear how best to preserve digitalmaterials because they are linked to available technology for access.

Copyright aggregators also have the right to circumvent copyright because they areallowed to use password protected or encrypted work without prior authorization of thecopyright holder. This means that they could deny access to the public.

Electronic ReservesCopyright law limits reserve materials to single chapters, articles, several charts, andother illustrations, or other small portions of the work, and to copies of materials thata faculty member of the library already possesses legally (by purchase, license, fairuse, inter-library loan, etc.). The copyright notice on the original, and appropriatecitations and attributions to the source, must be included at all times. Access shouldalso be limited to the members of the class and must be terminated at the end of theterm. Permission must be obtained for materials that will be repeatedly used.

Activity 2.2Use the Internet to search for laws in your own country that affect copyrightin the digital age. If there are none, look for the copyright provisions thataffect libraries in your country.

Exemption for Libraries and Archives“Section 404 of the Digital Millennium Copyright Act (DMCA) updates section 108 ofthe Copyright Act to allow libraries and archives to take advantage of digital technologieswhen engaging in specified preservation activities. The amendment to subsection108(a)(3) is intended to ease the burden on libraries and archives of the current law’srequirement that a notice of copyright be included on copies that are reproduced undersection 108. Under this amendment, such notice would be required only where theparticular copy that is reproduced by the library or archive itself bears a notice. Theamendment to subsection 108(b) permits a library or archive to make up to three copies

Module 9Lesson 2

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Module 9

Teacher’s Guide

or phonorecords, rather than just one, for purposes of preservation and security or fordeposit for research use in another library or archives, and permits such copies orphonorecords to be made in digital as well as analog formats. The amendment providesthat any such copy in a digital format must not be otherwise distributed in that formatand must not be available to the public outside the premises of the library or archives.”6

Provisions of Section 108 “Limitations on Exclusive Rights: Reproduction by Librariesand Archives” state:

� Libraries may photocopy journal articles, book chapters, etc. and send thesecopies to other libraries through inter-library loan.

� Copies must include a notice of copyright that appears on the copy when available.If the work does not include a notice of copyright stamp, a note must be includedto state that the work is protected by copyright.

� A library may make up to three copies of a published work to replacea damaged, deteriorating, lost or stolen work (when an unused replacement cannotbe obtained at a fair cost). The library may also make up to three digital copiesto replace a work in an obsolete format as long as that format is not madeavailable to the public outside of the library or archives.

� A library or archives may reproduce, distribute, display or perform in facsimileor digital form any work in the last 20 years of its copyright term for purposes ofpreservation, research or scholarship provided that the work is not subject tonormal commercial exploitation, a copy cannot be obtained at a reasonable price,and the copyright holder has not filed notice with the Register of CopyrightRegulation that either of the above conditions apply.

The DMCA was passed on October 12, 1998 by Congress and became effective in 2000.

ConclusionAlthough the DMCA became effective in 200, there are still many unsettled issues andconcerns about copyright in the digital age. This is a problem in the United States aselsewhere. Again as a reminder, consult a lawyer for specific copyright issues.

AssessmentWrite down some copying practices in your library. Are these infringementsof copyright? How do you propose to solve these issues to protect yourlibrary and your institution?Module 9

Lesson 2

6 Jonathan Band. The Digital Millennium Copyright Act. (http://www.arl.org/info/frn/copy/band.html).

http://www.arl.org/info/frn/copy/band.html

22

Module 9


Empowering Information Professionals:A Training Programme on Information and Communication Technology

Evaluation

Instructions: To help us enhance the quality and effectiveness of Module 9, pleasecomplete and return this evaluation form to the teacher.

Please rate Module 9 on the following categories using the scales below by drawing a circlearound the appropriate number.

5 = Strongly Agree [SA] 2 = Disagree [D]4 = Agree [A] 1 = Strongly Disagree [SD]3 = Not Sure [N]

1. Objectives and Content

SA A N D SDWere the module objectives clearly stated? 5 4 3 2 1Were the objectives achieved? 5 4 3 2 1Were the topics presented relevant to your work? 5 4 3 2 1Was the module structured in a logical way? 5 4 3 2 1Were the activities appropriate to the content of this course? 5 4 3 2 1Was the module easy to follow? 5 4 3 2 1Was the module interesting and enjoyable? 5 4 3 2 1Were your expectations met? 5 4 3 2 1

2. Presentation

SA A N D SDWere the concepts and techniques explained clearly? 5 4 3 2 1Were you encouraged to actively participate during the module? 5 4 3 2 1Were your individual questions/problems discussed to your

5 4 3 2 1satisfaction?Was the module well paced? 5 4 3 2 1Were the lessons presented in a clear and well-organized

5 4 3 2 1manner?

3. Teacher

SA A N D SDWas the teacher knowledgeable in the subject matter? 5 4 3 2 1Did the teacher present the material effectively? 5 4 3 2 1Did the teacher show interest in and enthusiasm for the subject? 5 4 3 2 1Was the teacher effective in answering questions clearly and

5 4 3 2 1constructively?

23

Module 9

Teacher’s Guide

4. Learning Environment

SA A N D SDAre the module materials easy to read? 5 4 3 2 1Were the manual and the other handouts useful? 5 4 3 2 1Were the visual aids useful? 5 4 3 2 1Was the venue suitable for the module? 5 4 3 2 1Was the timeframe appropriate for the module? 5 4 3 2 1

5. Before the training began, how experienced were you with the subject?

1 (Beginner) 2 (Intermediate) 3 (Advanced) 4 (Expert)

6. How useful was the training for your level of experience?

1 (Not Useful) 2 (Fairly Useful) 3 (Useful) 4 (Very Useful)

7. Do you feel you have gained new skills and knowledge? Yes No

8. What is the most important concept or skill that you learned in this module?

______________________________________________________________________

______________________________________________________________________

9. What is the least important concept or skill that you learned in this module?

______________________________________________________________________

______________________________________________________________________

10. What additional information should be included in the module?

______________________________________________________________________

______________________________________________________________________

11. What did you like most about the training materials?

______________________________________________________________________

______________________________________________________________________

12. What did you like least about the training materials?

______________________________________________________________________

______________________________________________________________________

13. Other comments or suggestions?

______________________________________________________________________

______________________________________________________________________

THANK YOU!

UNESCO BANGKOKBangkok, Thailand

2007

UNESCO Bangkok, 2007.

UNESCO Bangkok. III. Japanese Funds in Trust. IV. Title.

EIPICT_M9_ST

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Module 9


Student’s Text

Table of Contents

General Guidelines 4

Introductory Note

Rationale

Content of the Training Programme

Prerequisites

Typographical Conventions

Overview of Module 7

Learning Outcomes

Schedule

Module Outline

Grading Policy

Lessons

Lesson 1 What are Intellectual Property Rights? 10

Lesson 2 Are Existing Copyright Laws Applicable in the Digital Age? 17

Appendix 21

Appendix 1. List of Activities 22

Appendix 2. Reading/Reference List 23

Appendix 3. Glossary 25

EIPICT_M9_ST

4

Empowering Information Professionals:

A Training Programme on Information and

Communication Technology

General Guidelines for the Student

Introductory Note Library schools are now changing their curricula to produce graduates who are prepared

for the changing service requirements in libraries. The majority of practitioners, however,

graduated before the advent of the Information Age or studied in schools that did not

teach ICTs for various reasons. This group of practitioners is now finding itself

unprepared for the new demands of the profession. This Training Programme is in

response to this identified need.

People working in libraries and information centers are the primary target group of the

Training Programme. It is intended to provide them with the knowledge and skills to deal

with the application of ICTs to library and information services. It is also intended for use

by teachers of students in library schools and of personnel in library and information

centers. The Package has been developed by the UNESCO Asia and Pacific Regional

Office with funding from the Japanese Funds in Trust for Communication and

Information.

Rationale In 1961, Marion Harper Jr. wrote, “To manage a business well is to manage its future;

and to manage the future is to manage information.”1 Less than 25 years later, John

Naisbitt, in discussing the ten megatrends in his opinion were happening in the US, said

“None is more subtle, yet more explosive, I think than this first, the megashift from an

industrial to an information society.”2 According to Naisbitt, “In 1950, only 17 percent

of us worked in information jobs. Now more than 60 percent of us work with information

as programmers, teachers, clerks, secretaries, accountants, stock brokers, managers,

insurance people, bureaucrats, lawyers, bankers and technicians.” He groups librarians

among professional workers who “are almost all information workers…”3 Today, society

is in the “Information Age,” an age where information is power.

1 Harper, Marion Jr. 1961. “New profession to aid management,” Journal of Marketing, January, p. 1

2 John Naisbitt entitled Megatrends : Ten new directions transforming our lives (New York, N.Y. : Warner

Books, 1982), p11 3 Ibid, p. 14-15

EIPICT_M9_ST

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Content of the Training Programme The Training Program contains nine modules:

• Module 1 - Introduction to Information and Communication Technologies

• Module 2 - Introduction to Library Automation

• Module 3 - Information Seeking in an Electronic Environment

• Module 4 – Creation and Management of Databases Using CDS/ISIS

• Module 5 - The Internet as an Information Resource

• Module 6 - Web Page Concept and Design: Getting a Web Page Up and Running

• Module 7 - Library Management and Promotion

• Module 8 - Digital Libraries and Open Access

• Module 9 - Intellectual Property Rights in the Digital Age

The Student’s Text contains the following:

• General Guidelines

• Introductory Note

• Rationale

• Content of the Training Programme

• Prerequisites

• Typographical Conventions

• Overview of Module

• Learning Outcomes

• Schedule

• Module Outline

• Grading Policy

• Lessons

• List of Activities

• Reading/Reference List

• Glossary\

• Prerequisites

Note: The student must have a genuine interest in understanding the impact of new

information technologies on the practice of Library/Information Service.

Typographical Conventions The following conventions are used through out the module.

Course Guide

General introduction to the Modules

EIPICT_M9_ST

6

��

Course Objectives

General introduction to the learning outcomes of the Module

Note

General note to the teacher and additional information

Tip

Teaching tips and supplemental materials

Activity

Activity for the students

Assessment

Questions/Activities to measure learning

End of General Guidelines

EIPICT_M9_ST

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Module 9


Student’s Text

Overview

This is the Student’s Text for Module 9 of the Training Programme,

Empowering Information Professionals: A Training Programme on

Information and Communication Technology. Module 9 is about

Intellectual Property Rights in the digital age

Module 9 discusses intellectual property rights and the limitations of the Copyright Act in

the digital age

��

Learning Outcomes

By the end of the Module, you should have knowledge about and skills in

avoiding acts that infringe copy right. Specifically, you should:

1. Be able to define and understand the term “intellectual property

right.”

2. Be able to define and understand the meaning of “copyright”.

3. Realize the limitations of copyright in the digital environment.

Schedule The Module is designed to be taught in one day for a total of 8 hours.

Day Lessons

Day 1 Lesson 1. What are Intellectual Property Rights?

Day 1 Lesson 2. Are Existing Copyright Laws applicable in the Digital Age?

Module Outline Lesson 1. What are Intellectual Property Rights?

Scope Objectives

EIPICT_M9_ST

8

� What are intellectual property rights?

� What is copyright?

� What is fair use?

� What is first sale?

� What is the impact of copyright law

on library services?

By the end of the lesson, you should:

• Be able to define and explain the

following terms:

o Intellectual property rights;

o Copyright;

o Fair use;

o First sale.

• Be able to provide information services

without infringement of copyright.

Lesson 2. Are Existing Copyright Laws Applicable in the Digital Age?

Scope

� What constitutes copyright in the

digital age?

Objectives

By the end of the lesson the student should:

• Be able to identify copyright

infringements in the digital age.

• Be able to identify allowable copying and

distribution in the digital age.

Grading Policy

A score of 50 points is needed to pass the Module. The breakdown of points for the

Module assessment is as follows:

Lessons Points

Lesson 1. What are Intellectual Property Rights? 50

Lesson 2. Are Existing Copyright Laws Applicable in the Digital Age? 50

End of Overview Module 9

EIPICT_M9_ST

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Module 9


Student’s Text

The Lessons



EIPICT_M9_ST

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Slide 1

UNESCO EIPICT MODULE 9. LESSON 1 1

Module 9 Intellectual Property Rights in the Digital Age

Lesson 1

What Are Intellectual Property Rights?

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Slide 2


Introduction

Libraries are institutions committed to

providing equitable access to information for

the communities they serve. How do

intellectual property rights and copyright

affect this mission?

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Slide 3



� WIPO defines intellectual property as

“creations of the mind: inventions, literary

and artistic works, and symbols, names,

images, and designs used in commerce”

� According to WIPO, “Intellectual property

is divided into two categories: Industrial

property and copyright

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EIPICT_M9_ST

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Slide 4


What is Copyright?

� Copyright is a legal term describing rights

given to creators for their literary and

artistic works. Copyright protection is

automatic whether the work is registered

or not. As soon as the work is written, it is

protected.

� Copyright is complex and varies from

country to country

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Slide 5


Activity 9.1.1

Read these articles:

� Stanford University. Copyright Law and Fair Use. http://www-sul.stanford.edu/cpyright.html

� Library of Congress. Copyright Office. Copyright Basics. http://www.loc.gov/copyright/circs/circ1.html

� Copyright Office Basics. http://www.copyright.gov/circs/circ1.html

� American Library Association. ALA Copyright Issues.http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm

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Slide 6


Who Owns Copyright?

� In general, the creator of the work owns the

copyright

� In cases when there are two or more creators, it is

important to have a written agreement as to who

owns the copyright - there are, however,

exemptions to this rule, and such exemptions vary

from country to country

� Copyright can also be reassigned (for example, to

a publisher) and/or expire after the death of the

author

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http://www-sul.stanford.edu/cpyright.html



http://www.ala.org/ala/washoff/WOissues/copyrig

EIPICT_M9_ST

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Slide 7


Copyright Owner’s Exclusive Rights� To reproduce the work

� To make the work public for the first time

� To communicate the work to the public

� To perform the work in public

� To make an adaptation

� To transmit files and sound recordings to the

public using any form of technology

� To re-broadcast by television or radio broadcasts

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Slide 8


How long will a Copyright Last?� The duration of copyright varies from country to country

� in the Philippines copyright lasts for the duration of the life of the creator plus 50 years

� in Australia, effective January 1, 2005, the duration of copyright is the duration of the life of the creator plus 70 years or 70 years from the time the work is first published.

� in the US provisions are more complicated

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Slide 9


What is Copyright Infringement?

� Copyright infringement is using material

protected by copyright without permission

from the owner or authorizing and/or

selling an infringement

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EIPICT_M9_ST

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Slide 10


Activities that do not Infringe Copyright

� Those that fall under fair use

� Use of information, etc, not covered by

copyright

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Slide 11


Works not Protected by Copyright� Ideas, procedures, systems, methods or operation, concept, principle, discovery or mere data as such even if expressed, explained, illustrated or embodied in a work

� News of the day and other miscellaneous facts having the character of mere items of press information

� Any official text of a legislative, administrative or legal nature, as well as any official translation thereof

� Works of the government; however, prior approval is required for exploitation of such work for profit

� The authors of speeches, lectures, sermons, addresses and dissertations shall have the exclusive right of making a collection of their works

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Slide 12


Morals Rights

In addition to copyright, creators have

“moral rights”

These are rights attributed as creator of the

work, and take action if falsely attributed to

someone else, or if the work is distorted

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EIPICT_M9_ST

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Slide 13


What is the First Sale Doctrine?� When a library or an individual has lawfully

acquired a copy of a work, the first sale doctrine of

the copyright law (17 USC Section 109) allows

that the library or individual may exercise another

exclusive right of copyright – the right to distribute

the copy without permission of the copyright

holder

� First sale enables libraries to loan books or

conduct interlibrary loans without committing

copyright infringement

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Slide 14


Fair Use GuidelinesThe private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of the copyright of the work

Copying however, shall not extend to:

� The reproduction of an entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means

� A compilation of data and other materials

� A computer program

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Slide 15


Fair Use Guidelines (2)

� Any work where reproduction would unreasonably prejudice the legitimate interest of the author

� Copying or adaptation of a computer program is limited to the necessity for the use of the computer program in conjunction with the computer for the purpose, and to the extent for which the computer program has been obtained

� Archival purposes, and, for the replacement of the lawfully owned copy if the computer program is lost, destroyed or rendered unusable

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EIPICT_M9_ST

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Slide 16


The Four-Factor Test for Fair UseUse this test to determine if the use is fair

� The purpose and character of the use, including

whether such use is of a commercial nature or is

for non-profit educational purposes

� The nature of the copyrighted work

� The amount and substantiality of the portion used

in relation to the copyrighted work as a whole

� The effect of the use upon the potential market for

or value of the copyrighted work

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Slide 17


Library’s Special Rights

Libraries are authorized to exercise

special rights in addition to fair use. Some of

these are:

�Archiving lost, stolen, damaged or

deteriorating works

�Making copies for library patrons

�Making copies for other libraries’ patrons

(interlibrary loan)

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

Slide 18


Performances and Displays in Face-to-Face Teaching and Distance Education

Educational institutions are also

authorized to publicly display and perform

others’ works in the course of face-to-face

teaching activities, and to a lesser degree in

distance education

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

EIPICT_M9_ST

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Slide 19


Activity 9.1.2

Go to the following sites to see

differences in the provisions of copyright law

in the Philippines, the US and Australia.

�http://www.chanrobles.com/legal7copyright.

htm

�http://www.copyright.org.au

�http://dml.indiana.edu/html/crewssec108/se

ction108oerview.html

___________________________________

___________________________________

___________________________________

___________________________________

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Slide 20


International Copyright Protection

There is no such thing, but most

countries do offer protection for foreign

works under copyright treatises and

conventions

___________________________________

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___________________________________

___________________________________

___________________________________

___________________________________

Slide 21


Reminder

� If in doubt about the provisions of the law for a particular application, ask permission to use the material from the copyright owner and/or consult a lawyer because copyright laws in different countries vary

� Remember that because of international conventions, there is reciprocity in the law with countries that are party to the convention, treaty or agreement relating to intellectual property rights

___________________________________

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___________________________________

End of Module 9 Lesson 1

http://www.chanrobles.com/legal7copyright


http://dml.indiana.edu/html/crewssec108/se

EIPICT_M9_ST

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Slide 1



Lesson 2

Are Existing Copyright Laws Applicable in the Digital

Age?

___________________________________

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___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

Slide 2


Introduction The purpose of copyright law is to

balance the rights of copyright holders and

users. Is existing copyright law still

applicable in the digital age? Libraries pay

for information to equitably deliver it to their

communities. As more and more information

becomes available in digital format, care

must be taken by libraries to ensure that the

public can enjoy the same access rights as

with printed information.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

Slide 3


Activity 9.2.1Visit the following sites:

� Web Site Legal Issues


� Ethics of Internet Use


� Keeping it Legal: Copyright and Other Legal

Issues Arising out of Web Site Management


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___________________________________

___________________________________

___________________________________

___________________________________

___________________________________




EIPICT_M9_ST

18

Slide 4


The Digital Copy

� Copyright is based on the copy of the

material

� In the print era the copy was tangible, and

one of the exclusive rights of the copyright

holder is the right to make a copy

�In the digital age, digital copies are created

as soon as the material is accessed

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___________________________________

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Slide 5


Licensing versus Ownership

Today libraries do not purchase digital

materials to own. Instead they purchase the

right to access which requires an ongoing

subscription.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

Slide 6


Preservation IssuesCopyright law allows libraries to make

copies of print and digital materials for

preservation purposes

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___________________________________

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___________________________________

EIPICT_M9_ST

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Slide 7


Electronic Reserves� Limit reserve materials to single chapters,

articles, several charts, and other

illustrations, or other small portions of the

work

� Access should also be limited to members

of the class and must be terminated at the

end of the term

� Permission must be obtained for materials

that will be repeatedly used

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

Slide 8


Activity 9.2.2

Use the Internet to search for laws in your

own country affecting copyright in the digital

age

If there are none, look for copyright

provisions affecting libraries in your country

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Slide 9


Exemptions for Libraries and Archives

� In the Copyright Act of the US, Section 404

of the Digital Millennium Copyright Act

(DMCA) updates section 108 of the Act

� Section108 - “Limitations on Exclusive

Rights: Reproduction by Libraries and

Archives”

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EIPICT_M9_ST

20

Slide 10


Conclusion� Although the DMCA became effective in

2000, there are still many unsettled issues

and concerns about copyright in the digital

age

� This is a problem in the US as elsewhere

� Consult a lawyer for specific copyright

issues.

___________________________________

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___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

End of Module 9 Lesson 2

EIPICT_M9_ST

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Module 9


Student’s Text

Appendix

Appendix 1: List of Activities

Appendix 2: Reference/Reading List

Appendix 3: Glossary

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22

Appendix 1: List of Activities

Lesson 1

Module 9

Lesson 1

Activity 9.1.1


1. Copyright Law and Fair Use. Stanford


2. Library of Congress. Copyright Office. Copyright Basics.



4. American Library Association. ALA Copyright Issues.

http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm

Module 9

Lesson 1

Activity 9.1.2

Go to the following sites to see differences in the provision of copyright law in

the Philippines, the US and Australia.

1. http://www.chanrobles.com/legal7copyright.htm

2. http://www.copyright.org.au

3. http://dml.indiana.edu/html/crewssec108/section108oerview.html

Lesson 2

Module 9

Lesson 2

Activity9.2.1

Visit the following sites for insight into the ethics of using digital materials.

1. Web Site Legal Issues. http://www.bitlaw.com/internet/webpage.html

2. Ethics of Internet use. http://onlineethics.org/topics/interethics.html

3. Keeping it Legal: Copyright and Other Legal Issues Arising out of Web

Site Management. http://fno.org/jun96/legal.html

Module 9

Lesson 2

Activity 9.2.2

Use the Internet to search for laws in your own country affecting copyright in

the digital age. If there are none, look for the copyright provisions affecting

libraries in your country

.

End of Activities Module 9







http://dml.indiana.edu/html/crewssec108/section108oerview.html




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Appendix 2: Reading/Reference List

Module 9

1. American Library Association. ALA Copyright Issues.


2. Australian Copyright Council. 2005. Information Sheet: an

Introduction to Copyright in Australia.

http://www.copyright.org.auBitlaw. Web Site Legal Issues.

http://www.bitlaw.com/internet/webpage.htmlCopyright and fair use in

the digital age: Q&A with Peter Lyman. 1995. Educom Review 30 (1),

January/February.

http://www.educause.edu/pub/er/review/reviewarticles/30132,html


7. Crews, K. 2000. Copyright Essentials for Librarians and Educators.

Chicago: American Library Association.Crews, K. 2001. Digital

Libraries and the Application of Section 108 of the U.S. Copyright Act.

http://dml.indiana.edu/html/crews-

sec108/section108overview.htmlDreier, T. 1997. Copyright Law and

Digital Exploitation of Works: The Current Landscape in the Age of the

Internet and Multimedia. http://www.ipa-

uie.org/copyright/copyright_pub/dreier.htmlKeeping it legal: Copyright

and other legal issues arising out of web site management. (1996).

From Now On, 5 (7). http://fno.org/jun96/legal.html

14. Library of Congress. Copyright Office. Copyright Basics.

http://www.loc.gov/copyright/circs/circ1.html Lutzker, A. 1999. Primer

on the Digital Millennium: What the Digital Millennium Copyright Act

and the Copyright Term Extension Act mean for the Library

Community. http://www.ala.org/washoff/primer.htmlOnlineEthics.org.

Ethics of Internet Use. http://onlineethics.org/topics/interethics.html

18. Russel, C. 2003. “Libraries in today’s digital age, the copyright

controversy.” ERIC Digest.

http://www.michaellorenzen.com/eric/copyright.html

19. Stanford University. Copyright Law and Fair Use.


20. Strong, W. S. 1994. “Copyright in the new world of electronic

publishing.” AAUP Electronic Publishing Seminar II: Policies,

Strategies, Possibilities, Annual Meeting of the American Association

of University Presses, Washington, D.C., June 18.

http://www.press.umich.edu/jep/works/strong.copyright.htmlUK Patent

Office. 2003. What is Copyright? http://www.intellectual-

property.gov.uk/std/faq/copyright/what.htmUS Copyright Office. 2006.

Copyright Office Basics. http://www.copyright.gov/circs/circ1.htmlUS

Copyright Office. 2006. Fair Use.

http://www.copyright.gov/fls/fl102.htmlW3C Intellectual Property

Rights Overview. http://www.w3.org/IPRWitten, I. H. & Bainbridge, D.

2003. How to Build a Digital Library. Amsterdam: Morgan Kaufmann

26. World Intellectual Property Organization. 2006. What is WIPO?


http://www.copyright.org.auBitlaw

http://www.bitlaw.com/internet/webpage.htmlCopyright

http://www.educause.edu/pub/er/review/reviewarticles/30132


http://dml.indiana.edu/html/crews-sec108/section108overview.htmlDreier



http://www.ipa-uie.org/copyright/copyright_pub/dreier.htmlKeeping





http://www.ala.org/washoff/primer.htmlOnlineEthics.org


http://www.michaellorenzen.com/eric/copyright.html


http://www.press.umich.edu/jep/works/strong.copyright.htmlUK

http://www.intellectual-property.gov.uk/std/faq/copyright/what.htmUS



http://www.copyright.gov/circs/circ1.htmlUS

http://www.copyright.gov/fls/fl102.htmlW3C

http://www.w3.org/IPRWitten

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http://www.wipo.int/about-wipo/en/what_iswipo.html. (Works about

copyright, fair use and intellectual property rights are also available

from the WIPO web site at http://www.wipo.intOther refences may

be cited in the footnotes and the presentations

End of Reading/Reference List Module 9

http://www.wipo.int/about-wipo/en/what_iswipo.html

http://www.wipo.intOther

EIPICT_M9_ST

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Appendix 3: Glossary

Module 9

• Copyright. A legal term describing rights given to creators for their

literary and artistic works.

• Copyright infringement. Using material protected by copyright

without permission from the owner, or authorizing and/or selling an

infringement.

• Creator. Author of the work; person to whom the work is attributed.

The copyright owner.

• Fair use principle. Allows the library to copy a work. The four-factor

test will enable the library to decide whether use is fair or not in the

event that a copy has to be made.

• First sale doctrine. Provision that allows the library, once it has

lawfully acquired a copy of a work, the right to distribute the copy

without permission from the copyright holder. First sale enables

libraries to loan books or conduct interlibrary loans without committing

copyright infringement.

• Intellectual property right. Creations of the mind: inventions, literary

and artistic works, and symbols, names, images, and designs used in

commerce.

• Moral rights. Rights attributed as creator of the work, take action if

falsely attributed to someone else, or if the work is distorted.

• WIPO. The World Intellectual Property Organization is the specialized

agency of the United Nations dedicated to developing a balanced and

accessible international intellectual property (IP) system which rewards

creativity, stimulates innovation and contributes to economic

development while safeguarding the public interest.

CONGRATULATIONS! YOU HAVE JUST FINISHED MODULE 9.



Lesson 1



Introduction

Libraries are institutions committed to

providing equitable access to information for

the communities they serve. How do

intellectual property rights and copyright

affect this mission?



� WIPO defines intellectual property as

“creations of the mind: inventions, literary

and artistic works, and symbols, names,

images, and designs used in commerce”

� According to WIPO, “Intellectual property

is divided into two categories: Industrial

property and copyright


What is Copyright?

� Copyright is a legal term describing rights

given to creators for their literary and

artistic works. Copyright protection is

automatic whether the work is registered

or not. As soon as the work is written, it is

protected.

� Copyright is complex and varies from

country to country


Activity 9.1.1


� Stanford University. Copyright Law and Fair Use. http://www-sul.stanford.edu/cpyright.html

� Library of Congress. Copyright Office. Copyright Basics. http://www.loc.gov/copyright/circs/circ1.html

� Copyright Office Basics. http://www.copyright.gov/circs/circ1.html

� American Library Association. ALA Copyright Issues.http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm
































Who Owns Copyright?

� In general, the creator of the work owns the

copyright

� In cases when there are two or more creators, it is

important to have a written agreement as to who

owns the copyright - there are, however,

exemptions to this rule, and such exemptions vary

from country to country

� Copyright can also be reassigned (for example, to

a publisher) and/or expire after the death of the

author


Copyright Owner’s Exclusive Rights� To reproduce the work

� To make the work public for the first time

� To communicate the work to the public

� To perform the work in public

� To make an adaptation

� To transmit files and sound recordings to the

public using any form of technology

� To re-broadcast by television or radio broadcasts


How long will a Copyright Last?� The duration of copyright varies from country to country

� in the Philippines copyright lasts for the duration of the life of the creator plus 50 years

� in Australia, effective January 1, 2005, the duration of copyright is the duration of the life of the creator plus 70 years or 70 years from the time the work is first published.

� in the US provisions are more complicated


What is Copyright Infringement?

� Copyright infringement is using material

protected by copyright without permission

from the owner or authorizing and/or

selling an infringement


Activities that do not Infringe Copyright

� Those that fall under fair use

� Use of information, etc, not covered by

copyright


Works not Protected by Copyright� Ideas, procedures, systems, methods or operation, concept, principle, discovery or mere data as such even if expressed, explained, illustrated or embodied in a work

� News of the day and other miscellaneous facts having the character of mere items of press information

� Any official text of a legislative, administrative or legal nature, as well as any official translation thereof

� Works of the government; however, prior approval is required for exploitation of such work for profit

� The authors of speeches, lectures, sermons, addresses and dissertations shall have the exclusive right of making a collection of their works


Morals Rights

In addition to copyright, creators have

“moral rights”

These are rights attributed as creator of the

work, and take action if falsely attributed to

someone else, or if the work is distorted


What is the First Sale Doctrine?� When a library or an individual has lawfully

acquired a copy of a work, the first sale doctrine of

the copyright law (17 USC Section 109) allows

that the library or individual may exercise another

exclusive right of copyright – the right to distribute

the copy without permission of the copyright

holder

� First sale enables libraries to loan books or

conduct interlibrary loans without committing

copyright infringement


Fair Use GuidelinesThe private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of the copyright of the work

Copying however, shall not extend to:

� The reproduction of an entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means

� A compilation of data and other materials

� A computer program


Fair Use Guidelines (2)

� Any work where reproduction would unreasonably prejudice the legitimate interest of the author

� Copying or adaptation of a computer program is limited to the necessity for the use of the computer program in conjunction with the computer for the purpose, and to the extent for which the computer program has been obtained

� Archival purposes, and, for the replacement of the lawfully owned copy if the computer program is lost, destroyed or rendered unusable


The Four-Factor Test for Fair UseUse this test to determine if the use is fair

� The purpose and character of the use, including

whether such use is of a commercial nature or is

for non-profit educational purposes

� The nature of the copyrighted work

� The amount and substantiality of the portion used

in relation to the copyrighted work as a whole

� The effect of the use upon the potential market for

or value of the copyrighted work


Library’s Special Rights

Libraries are authorized to exercise

special rights in addition to fair use. Some of

these are:

�Archiving lost, stolen, damaged or

deteriorating works

�Making copies for library patrons

�Making copies for other libraries’ patrons

(interlibrary loan)


Performances and Displays in Face-to-Face Teaching and Distance Education

Educational institutions are also

authorized to publicly display and perform

others’ works in the course of face-to-face

teaching activities, and to a lesser degree in

distance education


Activity 9.1.2

Go to the following sites to see

differences in the provisions of copyright law

in the Philippines, the US and Australia.

�http://www.chanrobles.com/legal7copyright.

htm

�http://www.copyright.org.au

�http://dml.indiana.edu/html/crewssec108/se

ction108oerview.html



















International Copyright Protection

There is no such thing, but most

countries do offer protection for foreign

works under copyright treatises and

conventions


Reminder

� If in doubt about the provisions of the law for a particular application, ask permission to use the material from the copyright owner and/or consult a lawyer because copyright laws in different countries vary

� Remember that because of international conventions, there is reciprocity in the law with countries that are party to the convention, treaty or agreement relating to intellectual property rights



Lesson 2

Are Existing Copyright Laws Applicable in the Digital

Age?


Introduction The purpose of copyright law is to

balance the rights of copyright holders and

users. Is existing copyright law still

applicable in the digital age? Libraries pay

for information to equitably deliver it to their

communities. As more and more information

becomes available in digital format, care

must be taken by libraries to ensure that the

public can enjoy the same access rights as

with printed information.


Activity 9.2.1Visit the following sites:

� Web Site Legal Issues


� Ethics of Internet Use


� Keeping it Legal: Copyright and Other Legal

Issues Arising out of Web Site Management






















The Digital Copy

� Copyright is based on the copy of the

material

� In the print era the copy was tangible, and

one of the exclusive rights of the copyright

holder is the right to make a copy

�In the digital age, digital copies are created

as soon as the material is accessed


Licensing versus Ownership

Today libraries do not purchase digital

materials to own. Instead they purchase the

right to access which requires an ongoing

subscription.


Preservation IssuesCopyright law allows libraries to make

copies of print and digital materials for

preservation purposes


Electronic Reserves� Limit reserve materials to single chapters,

articles, several charts, and other

illustrations, or other small portions of the

work

� Access should also be limited to members

of the class and must be terminated at the

end of the term

� Permission must be obtained for materials

that will be repeatedly used


Activity 9.2.2

Use the Internet to search for laws in your

own country affecting copyright in the digital

age

If there are none, look for copyright

provisions affecting libraries in your country


Exemptions for Libraries and Archives

� In the Copyright Act of the US, Section 404

of the Digital Millennium Copyright Act

(DMCA) updates section 108 of the Act

� Section108 - “Limitations on Exclusive

Rights: Reproduction by Libraries and

Archives”


Conclusion� Although the DMCA became effective in

2000, there are still many unsettled issues

and concerns about copyright in the digital

age

� This is a problem in the US as elsewhere

� Consult a lawyer for specific copyright

issues.

Documents

Module 9. Intellectual Property Rights in the Digital Age