Use your head...
Bonnie Bracey
You said...
Robert Bacal, CEO, Institute For Cooperative Communication
Browse chapters from our book "Defusing Volatile/Hostile Situations
For Educators" at: http://www.escape.ca/~rbacal
E-mail: rba...@escape.ca
...then this list can be renamed the technology propaganda list!
<grin>
(I keep debating whether I should start forwarding copyright material
posted here to the owners of the rights!)
Bulletin boards and Lists
Licensing issues are, and will continue to be, significant in the context of
the development of the NII. Services on the NII will provide the opportunity
for new uses for copyrighted works. If rights with respect to these new uses
are not expressly granted or retained in license agreements, conflicts will
arise between copyright owners and licensees. For instance, public display on
a bulletin board system may not have been contemplated in licenses granting
the public display right that were executed before the advent or proliferation
of such systems. Failure to contemplate possible future developments, of
course, is not a new problem, and is one based primarily in contract rather
than copyright law. Whenever new technologies have produced a new use for
works, courts have been called upon to decide whether the new use is covered
by old licenses.[100]
A variety of licensing methods will be possible as the NII develops. For
instance, rights in copyrighted works offered via the NII may be licensed off-
line or on-line. They may be licensed directly (through individual
transactions between the rightsholder and the licensee) or through other
licensing arrangements, such as voluntary collective licensing. Licensing of
rights may be on a per-use, per-work or other basis.
and then there is educational use, is it different in Canada?
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as
criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair
use the factors to be considered shall include--
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use
if such finding is made upon consideration of all the above factors.[134]
The language may usefully be divided into two parts: the introduction, which
is largely tautological ("fair use . . . is not an infringement of
copyright"), and the analysis required by the second sentence. The recitation
of assorted uses in the middle of the first sentence has been held neither to
create a presumption that such uses are fair[135] nor to prevent a fair use
analysis from being applied to other "unlisted" uses.
Bonnie Bracey
. Under current technology, when a user's computer is being used as a "dumb"
terminal to "look at" a file resident on another computer (such as a BBS or
Internet host), a copy of the portion viewed is made in the user's computer.
(Without such copying into the RAM or buffer of the user's computer, no screen
display would be possible.) As long as the amount viewed is more than de
minimis, it is an infringement unless authorized or specifically exempt.
b. THE RIGHT TO PREPARE DERIVATIVE WORKS
And Robert, is this one of your ways of showing how well you deal with
conflict? Your skills?I am concerned. I was away for two weeks in Kauai. There
are some important things here. Your delete button still works I hope.
B