Empowering Information Professionals: A Training
Programme on Information and Communication
Technology
Module 9
Intellectual Property Rights in the
Digital Age
Teacher’s Guide
UNESCO
Empowering Information Professionals: A Training Programme on Information
and Communication Technology. Module 9: Intellectual Property Rights in the Digital
Age, Teacher’s Guide. – Edited by Andrew Large. Bangkok: UNESCO Bangkok, 2007.
1. Intellectual Property Rights. 2. Copyright. I. Large, Andrew, Editor. II. UNESCO
Bangkok. III. Japanese Funds-in-Trust. IV. Title.
ISBN 92-9223-099-9
This publication was authored by Lourdes T. David in consultation with the
Communication and Information Unit, UNESCO Bangkok.
Chief Editor: Caroline Haddad
Editor: Andrew Large
Disclaimer
The designations employed and the presentation of material throughout this publication
do not imply the expression of any opinion whatsoever on the part of UNESCO or the
Japanese Funds-in-Trust concerning the legal status of any country, territory, city or
area, 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 in
this book and for the opinions expressed therein, which are not necessarily those of
UNESCO or the Japanese Funds-in-Trust, and do not commit either organization.
Module 9: Intellectual Property Rights in the
Digital Age
Table of Contents
Page
General Guidelines ...............................................................................................
Introductory Note .........................................................................................
Rationale .......................................................................................................
Content of the Training Programme ............................................................
Prerequisites .................................................................................................
Materials and Equipment .............................................................................
Teaching Tips................................................................................................
Evaluation .....................................................................................................
Typographical Conventions .........................................................................
1
1
1
2
3
3
4
4
5
Overview................................................................................................................
Learning Outcomes ......................................................................................
Schedule........................................................................................................
Module Outline.............................................................................................
Grading Policy ..............................................................................................
List of Activities ...........................................................................................
Assessment ...................................................................................................
Reading/Reference List ................................................................................
Glossary ........................................................................................................
6
6
6
7
7
8
9
9
11
The Lessons ...........................................................................................................
Lesson 1: What Are Intellectual Property Rights? .....................................
Lesson 2: Are Existing Copyright Laws Applicable in the Digital Age? ..
12
12
19
Evaluation .............................................................................................................
22
Acknowledgements
The Communication and Information (CI) Unit, UNESCO Bangkok wishes to thank
the following individuals for their contribution to Empowering Information Professionals:
A Training Programme on Information and Communication Technology:
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Ms. Lourdes T. David, Director, Rizal Library, Ateneo de Manila University, the
Philippines, has developed the module.
Dr. Andrew Large, CN-Pratt-Grinstad Professor of Information Studies at McGill
University, Montreal, Canada, has edited the module.
Module 9
Teacher’s Guide
Empowering Information Professionals: A Training
Programme on Information and Communication
Technology
General Guidelines
Introductory Note
Library schools are now changing their curricula to produce graduates who are prepared
for the changing service requirements that libraries offer. The majority of practitioners,
however, graduated before the advent of the Information Age or studied in schools that
did not teach information and communication technologies (ICTs) for various reasons.
This group of practitioners is now finding itself unprepared for the new demands of the
profession. “Empowering Information Professionals: A Training Programme on Information
and Communication Technology” this identified need.
People working in libraries and information centres are the primary target group of this
training programmes. 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 by library and information centre
personnel. 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 ten megatrends that 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.”3 He groups librarians
among professional workers who “are almost all information workers…”
As society moves forward in using information to improve the quality of life, it is critical
that the professionals in charge of creating, collecting, communicating, and consolidating
1
2
3
As cited in: Naisbitt, John. Megatrends: Ten New Directions Transforming Our Lives. New York, N.Y.: Warner
Books, 1982, p. 11.
Ibid, p. 14.
Ibid, p. 15.
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Module 9
Intellectual Property Rights in the Digital Age
information are knowledgeable and skilled in using technologies that make these activities
more efficient. Librarians and other information professionals have a unique role in
education and society. They are responsible for providing citizens with equal access to
information and for preserving knowledge for the next generation. Traditional libraries
will stand the test of time, but ICTs also have brought about a transition from analog to
digital forms of information creation and delivery. Thus, the information age is also
called the “digital age,” and the society is called an “information society” that is
characterized by ICTs and information-literate individuals who demand fast and efficient
24 × 7 access to information.
Content of the Training Programme
The Training Programme contains nine modules:
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Module 1 – Introduction to Information and Communication Technologies
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Module 2 – Introduction to Library Automation
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Module 3 – Information Seeking in an Electronic Environment
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Module 4 – Creation and Management of Databases Using CDS/ISIS
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Module 5 – The Internet as an Information Resource
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Module 6 – Web Page Concept and Design: Getting a Web Page Up and Running
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Module 7 – Library Management and Promotion
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Module 8 – Digital Libraries and Open Access
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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 Guide
should 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
⇒ Evaluation
Programme
⇒ Prerequisites
⇒ Typographical Conventions
●
Overview of Module
⇒ Learning Outcomes
⇒ List of Activities
⇒ Schedule
⇒ Assessment
⇒ Module Outline
⇒ Reading/Reference List
⇒ Grading Policy
⇒ Glossary
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Lessons
●
Evaluation Form
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Module 9
Teacher’s Guide
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.
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Modules 2-9. The student must understand the content of Module 1.
Materials and Equipment
The teacher and the students must have the facilities and technical support required to
carry 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 core
materials can be downloaded and printed if desired.
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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 XP
Service 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 groups
and synchronous communication such as chat tools and virtual conference will
be used as needed and whenever possible. Video will not be used due to
possible limitations in access capabilities of some students.
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Module 9
Intellectual Property Rights in the Digital Age
Teaching Tips for Face-to-Face Instruction of Modules
(Please note that Module 5 is delivered by online mode. Instructions for it are provided
in the module.)
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Speak slowly and clearly to ensure that students can follow you – this is especially
important 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 your
students’ attention.
Always show an interest in what you are teaching.
The modules have been carefully planned, with exercises and discussions as well
as 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 are
taken from the students’ own countries or regions, so much the better.
Try to keep within the daily timetable recommended for the module – if you get
behind in one lesson it may be difficult to make up time in a later lesson. Avoid
extending the class beyond the time period allotted.
Be prepared to use back-up materials if for any reason the computer will not
function during a lesson.
Try to answer all questions from students, but if you do not know the answer to
a 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 the
lesson begins – things can often go wrong!
Be ready to stay behind for a few minutes after each lesson to answer questions
that students may have, but that they did not wish to ask in class.
Module Evaluation
At the end of a module, ask your students to evaluate it. The evaluation of the module
by the students is meant to help you improve your teaching and should be seen in this
light rather than as a criticism of yourself. Make use of it to do an even better job next
time. The evaluation form is found after the last lesson of each module.
4
Module 9
Teacher’s Guide
Typographical Conventions
The 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
5
Module 9
Intellectual Property Rights in the Digital Age
Module 9: Intellectual Property Rights in the
Digital Age
Overview
This is the Teacher’s Guide 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.
Learning Outcomes
By the end of the module, the student should have acquired knowledge in
implementing copyright rules and regulations in libraries. Specifically, the
student 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 age.
Schedule
Module 9 is designed to be completed in one day (a total of 8 hours of study).
Day
Day 1
Day 1
Lessons
Lesson 1: What Are Intellectual Property Rights?
Lesson 2: Are Existing Copyright Laws Applicable in the Digital Age?
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Module 9
Teacher’s Guide
Module Outline
Lesson 1: What Are Intellectual Property Rights?
Scope
Objectives
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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, students should:
Be able to define and explain the
following terms:
❍ Intellectual property rights
❍ Copyright
❍ Fair use
❍ First sale
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Be able to provide information services
without infringement of copyright.
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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 Policy
A score of 50 points is needed to pass Module 9. The breakdown of points for the
module’s assessment is as follows:
Lessons
Lesson 1: What Are Intellectual Property Rights?
Lesson 2: Are Existing Copyright Laws Applicable in the Digital Age?
7
Points
50
50
Module 9
Intellectual Property Rights in the Digital Age
List of Activities
Lesson 1
Module 9
Lesson 1
Module 9
Lesson 1
Activity 1.1
Read 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 1.2
Go to the following sites to see differences in the provision of copyright
law 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
Module 9
Lesson 2
Module 9
Lesson 2
Activity 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
Activity 2.2
Use the Internet to search for laws in your own country that affect copyright
in the digital age. If there are none, look for the copyright provisions
affecting libraries in your country.
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Module 9
Teacher’s Guide
Assessment
Module 9
Lesson 1
Module 9
Lesson 2
Assessment 1
Answer the following questions:
1. Can libraries photocopy a whole book for purposes of interlibrary
loan? Explain.
2. Could an individual person copy charts, maps, etc. for a presentation
at a seminar and keep them for repeated use afterwards? Explain.
Assessment 2
Write down some copying practices in your library. Are these infringements
of copyright? How do you propose to solve these issues to protect your
library and your institution?
Reading/Reference List
Module 9
1. American Library Association. ALA Copyright Issues. http://www.
ala.org/ala/washoff/WOissues/copyrightb/copyright.htm
2. Australian Copyright Council (2005). Information Sheet: An Introduction
to 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
5. Copyright Office Basics. http://www.copyright.gov/circs/circ1.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 108
of 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
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Module 9
Intellectual Property Rights in the Digital Age
10. Keeping it legal: Copyright and other legal issues arising out of web
site 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 Digital
Millennium Copyright Act and the Copyright Term Extension Act Mean
for 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 Copyright
Controversy” 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 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.html
17. U.K. Patent Office (2003) What is Copyright? http://www. intellectualproperty.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 about
copyright, fair use and intellectual property rights are also available
from the WIPO website at http://www.wipo.int
10
Module 9
Teacher’s Guide
Glossary
Module 9
1. Copyright – a legal term describing rights given to creators for their
literary and artistic works.
2. Copyright Infringement – using material protected by copyright
without permission from the owner, or authorizing and/or selling an
infringement.
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 fourfactor test will enable the library to decide whether use is fair or not
in the event that a copy has to be made.
5. 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.
6. Intellectual Property Right – creations of the mind: inventions,
literary and artistic works, and symbols, names, images, and designs
used in commerce.
7. Moral Rights – creator’s right to take action if a work is falsely
attributed to someone else, or if the work is distorted.
8. 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 that
rewards creativity, stimulates innovation and contributes to economic
development while safeguarding the public interest.
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Module 9
Intellectual Property Rights in the Digital Age
Module 9: Intellectual Property Rights in the
Digital Age
Lesson 1: What Are Intellectual Property Rights?
Introduction
Libraries are committed to providing equitable access to information to the communities
they serve. How do intellectual property rights and copyright affect this mission? The
purpose of copyright is to protect the author while at the same time benefiting the user
of information. It balances the interests of the copyright holder and the users. What
are 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 the
United Nations that is 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 (WIPO,
2006). It is an intergovernmental organization that administers a number of international
treaties. In 1996, two of these treaties were concluded in Geneva. The first is the
WIPO Copyright Treaty (WCT), while the second is the WIPO Performances and
Phonograms Treaty (WPPT).
The purpose of the two treaties is to update and supplement the major existing WIPO
treaties on copyright and related rights in response to developments in technology and
the information industry, including developments in the dissemination of materials
over the Internet.
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,
which includes invention (patents), trademarks, industrial designs, and geographic
indications of source; and copyright, which includes literary and artistic works such as
novels, poems and plays, films, musical works, artistic works such as drawings, paintings,
photographs and sculptures, and architectural designs. Related rights to copyright
include those of performing artists in their performances, producers of phonograms in
their recordings, and those of broadcasters in their radio and television programmes.”
Module 9 will not cover industrial property. It will only discuss copyright and
related rights as they apply to the library setting. The purpose of the module is to give
a general introduction to copyright and the impact of the Internet on it.
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Module 9
Teacher’s Guide
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. The kinds of works covered by
copyright include: literary works such as novels, poems, plays, reference works,
newspapers and computer programs; databases; films, musical compositions and
choreography; and artistic works such as drawings, photographs and sculpture. (WIPO,
2006). It does not protect ideas, concepts, styles, techniques and information; names
titles and slogans; people and people’s images.
Copyright is complex and varies from country to country. The Berne and Rome
Conventions govern international copyright law. Each country has its own applications
of the law. For example, in the United States the Digital Millennium Copyright Act
was passed in 1998 to address digitally-networked environments. Australia’s Copyright
Act (1968) has been regularly amended to address changes in the information
environment. In the Philippines, the latest version of the law took effect in 1998.
Module 9
Lesson 1
Activity 1.1
Read 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
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
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. It is recommended that users of copyrighted material refer to the copyright
provisions for the appropriate country. Examples follow.
●
Employees. In Australia, when the work is done by an employee during office
hours as part of the job, the employer will own the work. This is also true in the
Philippines unless otherwise specified. If the work is not part of regular duties,
however, the employee will own the copyright even if the time, facilities and
materials of the employer were used to create it.
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Module 9
Intellectual Property Rights in the Digital Age
●
Government agency.4 In the Philippines, no copyright will subsist in any work
of the government agency; however, prior approval of the agency is required for
exploitation of such work for profit.
Copyright Owner’s Exclusive Rights
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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 the
death of the author. 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.
What is Copyright Infringement?
In general, copyright infringement consists of using material protected by copyright
without 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 circumvent
technological protection measures (TPMs) without permission
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Using information without permission, if the material used is an important part
or is a large part of the work, without the author’s permission
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Reproduction of the work or a substantial portion of the work
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Dramatization, translation, adaptation, abridgement, arrangement or other
transformation of the work (Philippines)
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Rental of the original copy of an audiovisual or cinematographic work, a work
embodied in a sound recording, a computer program, a compilation of data and
other materials or a musical work in graphic form, irrespective of the ownership
of 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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Teacher’s Guide
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Public performance of the work
Public display of the work
Non-infringement Activities
There are uses of copyright material without permission which are allowable. The
provisions of the law are very specific regarding these cases. Only the provisions for
“fair use” for the individual, provisions for copying by libraries and educational
institutions (including performances and displays in face-to-face teaching and distance
education) will be discussed.
Morals Rights
In addition to copyright, creators have “moral rights.” These are a creator’s rights to
be identified as the creator of a work, and to take legal action if the work is falsely
attributed to someone else or distorted.
What is First Sale?
According to Russel (2003), “Once a library or an individual has lawfully acquired
a 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 sale
enables libraries to loan books or conduct inter-library loans without committing copyright
infringement.” However, the library or individual must also observe provisions of “fair
use.”
What is Fair Use?
The provisions of RA 8293 (Philippines) will be cited here. Comparison with provisions
in other countries will be made as appropriate.5 In general, these provisions are similar
to those in other countries although there might be variations in certain specific
applications.
“The fair use of a copyrighted work for criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, research, and similar purposes
is not an infringement of copyright. Decompilation, which is understood here to be the
reproduction of the code and translation of the forms of the computer program to
achieve the inter-operability of an independently created computer program with other
programs, may also constitute fair use. In determining whether the use made of a work
in 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 of
a 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 Copyrighted
Work.
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Intellectual Property Rights in the Digital Age
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the copyrighted
work as a whole; and
(d) The effect of the use upon the potential market for or value of the copyrighted
work.”
The 4-Factor Test for Fair Use
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What is the character of the use? Is it nonprofit, educational or personal? If your
answer 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 is
fact, the fair use principle could probably be applied.
What is the amount and substantiality of the portion used? Is it just a small
amount relative to the whole? Is it a big portion of the work? If the answer is yes
and 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 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;
any work where reproduction would unreasonably prejudice the legitimate interest
of 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 the
computer program if lost, destroyed or rendered unusable.
The guideline for “fair use” is: limited content (small portion of the work), limited
time (used in a semester and not repeatedly used by the same teacher for the subject
year 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 appropriate
citations and attributions to the source, must be included. If, however, the materials are
to be repeatedly used, permission must be obtained from the copyright owner.
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 (inter-library 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. Course pack materials must be limited to a single chapter, single articles
from a journal issue, several charts, graphs or illustrations and other similarly small
parts of a work. The copyright notices on the original and appropriate citations and
attributions to the source must be included in the course packs. If, however, the
materials are to be repeatedly used, permission must be obtained from the copyright
owner.
Copyrighted materials may be incorporated into multimedia works and displayed or
performed by students and faculty in connection with the creation of: class assignments,
curriculum materials, instruction, examinations, professional conferences, seminars,
etc.
Module 9
Lesson 1
Activity 1.2
Go to the following sites to see differences in the provisions of copyright
law 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 Protection
There is no such thing as international copyright protection, but most countries do offer
protection for foreign works under copyright treaties and conventions.
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Intellectual Property Rights in the Digital Age
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. However, remember too that because of the international
conventions, there is reciprocity in the law with countries that are a party to the
convention, treaty or agreement relating to intellectual property rights.
Module 9
Lesson 1
Assessment
Answer the following questions:
1. Can libraries photocopy a whole book for purposes of inter-library
loan? Explain.
2. Could an individual copy charts, maps, etc. for a presentation at
a seminar and keep them for repeated use afterwards? Explain.
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Teacher’s Guide
Lesson 2: Are Existing Copyright Laws Applicable
in the Digital Age?
Introduction
In today’s networked society, the community served by the library is no longer confined
to the academic campus or town. The community is the entire world, accessing
information from anywhere. Libraries, too, have expanded and have websites that act
as portals to information that they contain. In addition, inter-library loans can be in the
form of materials sent digitally.
On the other hand, while information technologies have enhanced the creation and
distribution of information, these same technologies can control public access to
information. Commercial companies have added tools to their products that disallow
access unless the proper user identification and passwords are presented. These practices
hinder electronic transfer of information.
The purpose of copyright law is to balance the rights of copyright holders and users. Is
existing copyright law still applicable to 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.
Module 9
Lesson 2
Activity 2.1
Visit 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 of
Web Site Management http://fno.org/jun96/legal.html
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. It is
copied 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, for
libraries, the digital copy may not be owned, but only leased. Once the subscription is
stopped, the copy is lost. The concept of first sale may also not be applicable to digital
materials because of the lack of ownership. Libraries now have problems engaging in
circulation and inter-library loans because of the absence of a tangible copy.
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Intellectual Property Rights in the Digital Age
Licensing vs. Ownership
Today, libraries do not purchase digital materials to own. Instead, they purchase the
right to access, which requires an ongoing subscription. Licenses are contracts between
the library and the supplier of the information and dictate what the library can or
cannot do with the materials. Although access is faster and wider, what users can do or
cannot do are also affected by licensing issues.
Preservation Issues
Copyright law allows libraries to make copies of print and digital materials for
preservation purposes. Libraries that license digital materials may not have the
contractual right to preserve materials. It is also unclear how best to preserve digital
materials because they are linked to available technology for access.
Copyright aggregators also have the right to circumvent copyright because they are
allowed to use password protected or encrypted work without prior authorization of the
copyright holder. This means that they could deny access to the public.
Electronic Reserves
Copyright law limits reserve materials to single chapters, articles, several charts, and
other illustrations, or other small portions of the work, and to copies of materials that
a faculty member of the library already possesses legally (by purchase, license, fair
use, inter-library loan, etc.). The copyright notice on the original, and appropriate
citations and attributions to the source, must be included at all times. Access should
also be limited to the 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.
Module 9
Lesson 2
Activity 2.2
Use the Internet to search for laws in your own country that affect copyright
in the digital age. If there are none, look for the copyright provisions that
affect libraries in your country.
Exemption for Libraries and Archives
“Section 404 of the Digital Millennium Copyright Act (DMCA) updates section 108 of
the Copyright Act to allow libraries and archives to take advantage of digital technologies
when engaging in specified preservation activities. The amendment to subsection
108(a)(3) is intended to ease the burden on libraries and archives of the current law’s
requirement that a notice of copyright be included on copies that are reproduced under
section 108. Under this amendment, such notice would be required only where the
particular copy that is reproduced by the library or archive itself bears a notice. The
amendment to subsection 108(b) permits a library or archive to make up to three copies
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Module 9
Teacher’s Guide
or phonorecords, rather than just one, for purposes of preservation and security or for
deposit for research use in another library or archives, and permits such copies or
phonorecords to be made in digital as well as analog formats. The amendment provides
that any such copy in a digital format must not be otherwise distributed in that format
and 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 Libraries
and Archives” state:
●
●
●
●
Libraries may photocopy journal articles, book chapters, etc. and send these
copies 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 included
to state that the work is protected by copyright.
A library may make up to three copies of a published work to replace
a damaged, deteriorating, lost or stolen work (when an unused replacement cannot
be obtained at a fair cost). The library may also make up to three digital copies
to replace a work in an obsolete format as long as that format is not made
available to the public outside of the library or archives.
A library or archives may reproduce, distribute, display or perform in facsimile
or digital form any work in the last 20 years of its copyright term for purposes of
preservation, research or scholarship provided that the work is not subject to
normal commercial exploitation, a copy cannot be obtained at a reasonable price,
and the copyright holder has not filed notice with the Register of Copyright
Regulation that either of the above conditions apply.
The DMCA was passed on October 12, 1998 by Congress and became effective in 2000.
Conclusion
Although the DMCA became effective in 200, there are still many unsettled issues and
concerns about copyright in the digital age. This is a problem in the United States as
elsewhere. Again as a reminder, consult a lawyer for specific copyright issues.
Module 9
Lesson 2
6
Assessment
Write down some copying practices in your library. Are these infringements
of copyright? How do you propose to solve these issues to protect your
library and your institution?
Jonathan Band. The Digital Millennium Copyright Act. (http://www.arl.org/info/frn/copy/band.html).
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Module 9
Intellectual Property Rights in the Digital Age
Empowering Information Professionals:
A Training Programme on Information and Communication Technology
Evaluation
Instructions: To help us enhance the quality and effectiveness of Module 9, please
complete and return this evaluation form to the teacher.
Please rate Module 9 on the following categories using the scales below by drawing a circle
around the appropriate number.
5 = Strongly Agree [SA]
4 = Agree [A]
3 = Not Sure [N]
2 = Disagree [D]
1 = Strongly Disagree [SD]
1. Objectives and Content
SA
5
5
5
5
5
5
5
5
A
4
4
4
4
4
4
4
4
N
3
3
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3
D
2
2
2
2
2
2
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SD
1
1
1
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1
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SA
Were the concepts and techniques explained clearly?
5
Were you encouraged to actively participate during the module? 5
Were your individual questions/problems discussed to your
5
satisfaction?
A
4
4
N
3
3
D
2
2
SD
1
1
4
3
2
1
Was the module well paced?
Were the lessons presented in a clear and well-organized
manner?
5
4
3
2
1
5
4
3
2
1
SA
5
5
5
A
4
4
4
N
3
3
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D
2
2
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SD
1
1
1
5
4
3
2
1
Were the module objectives clearly stated?
Were the objectives achieved?
Were the topics presented relevant to your work?
Was the module structured in a logical way?
Were the activities appropriate to the content of this course?
Was the module easy to follow?
Was the module interesting and enjoyable?
Were your expectations met?
2. Presentation
3. Teacher
Was the teacher knowledgeable in the subject matter?
Did the teacher present the material effectively?
Did the teacher show interest in and enthusiasm for the subject?
Was the teacher effective in answering questions clearly and
constructively?
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Teacher’s Guide
4. Learning Environment
Are the module materials easy to read?
Were the manual and the other handouts useful?
Were the visual aids useful?
Was the venue suitable for the module?
Was the timeframe appropriate for the module?
SA
5
5
5
5
5
A
4
4
4
4
4
N
3
3
3
3
3
D
2
2
2
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SD
1
1
1
1
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)
7. Do you feel you have gained new skills and knowledge?
4 (Very Useful)
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!
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