Working with ICTLegal & ethical issues B. P. Chauhan Librarian, Thapar Institute of Engineering & Technology, Patiala email@example.com
Learning outcomesBy the end of the lesson, you should be able to: Address ethical, legal and other issues involved in using the Internet Have understanding of intellectual property rights in digital environment Explore possible solutions to address these issues
Scope What are the ethical, legal and other issues involved in use of ICT? Possible solutions to the ethical, legal and social issues Recap of copyright provisions Technology and Copyright Situations where copyright issue become important in Institutional activities Myths and facts about copyright in digital environment
Netiquettes Ethics governing Internet - acceptable behavior on the Net, mostly related to use of e-mail and relay chat – For Example: Be brief, keep paragraphs short Try to use mixed upper and lowercase Use CAPITALS & special characters for emphasis only Do not SPAM or send junk e-mail Refrain from flaming (sending hate messages) Follow acceptable standards of politeness as used in all kinds of communication Be wary of virus hoaxes, urban legends and chain letters
Intellectual Property Rights– Plagiarism – using somebody else’s work and claiming it as your own– Copyright Law – protection of the author’s original work– Fair Use – reproduction of materials for educational and research purpose– Software piracy – theft and illegal reproduction of software– File swapping – exchange of digital materials like audio and video over the Net without the owner’s permission
Civil liberties – issues regarding the rights of an individual – Freedom of speech – ability to express oneself on the Internet – Personal privacy and records confidentiality– handling of personal information, e-mail and other electronic correspondence in the USA the FBI uses a software named “Carnivore” to spy on e-mail passing through ISPs collection of user’s data i.e. personal information and browsing habits by some software (spyware), and using it directly or selling it for a profit – Censorship – regulation or control of content for example: use of blocking or filtering software
Cybercrimes (Computer facilitated crimes)– Hacking / Cracking – breaking-in to computer systems with or without malicious intent– Dissemination of Viruses, Worms, Trojan Horses, and other similar destructive software– Denial of service and other attacks– Internet Fraud – false advertisement and malpractices of individuals and companies– Spamming – sending unsolicited e-mail– Flaming – sending of hate messages– Pornography – proliferation of obscene and indecent materials
Digital Divide Social and economic issues Provisions for the handicapped and marginalized – Accessibility issues with regards to the physically handicapped – The widening “digital divide” between the information rich and information poor Multilingualism Charging for information – fee based information resources and services
Digital Divide Social and economic issues Technological limitations – Slow download due to small bandwidth and increasing number of users – Lack of standards with regards to software and interface design Other limitations – Not all the information you may need is available on the Internet – Information on the Internet is not permanent; it may be revised, edited, deleted, moved to a new directory, or filename changed – Commercialization and high cost of information services
Possible solutions Creation of Internet Acceptable Use Policy in the workplace, for staff and students User and staff education regarding Intellectual Property Rights and Copyrights issues Respect of personal privacy and confidentiality of personal information Express consent for use of personal information Vigilance and continuous education in the productive and responsible use of the Internet
Possible solutions Implementation of a system of safeguards against deliberate or accidental damage to the system or data Creation of programs and services that address the needs of the handicapped and marginalized Upgrade and maintenance of infrastructure, hardware and software Utilization of other information resources aside from the Internet
Digital Copyright Some issues in IPR in e-learning environment
Digital Copyright Some issues of IPR in digital environment
Some issues in IPR digitalenvironment Recap of copyright IPR and E-learning Teacher Students Libraries Peer to peer sharing of files E-publishing and open Access Open Source and Open Access Licensing
Nature of CopyrightExclusive right given by law for a certain term of years to an author, composer, designer, etc to print, publish, and sell copies of his original work.Applies to literary, dramatic, musical work, computer program, artistic work, irrespective of the media- paper, cinematographic films including sound track and video films, records, CDs, tapes, DVDs, VCDs …Given to a person or organization responsible for creation/intellectual input, skill to a work.
Nature of copyrightMultiple nature of rights: bundle of different rights in the same work To reproduce and store in any material form and medium To issue copies to the public To perform in public or communicate to the public To make film or recording in respect of the work Translation, adaptation and to do the above in respect of translation and adaptation. To sell or give on hire, or offer for sale or hire any copy of the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions.
Nature of copyright Ideas do not copyright (expressions have) Author must have bestowed upon the work sufficient judgment, skill and labour Original work No formal registration required Universal (not territorial) Immoral and illegal works are covered Live events are not covered (performers right, bootlegging)
Acts of infringement Doing without license or permission Acts that the owner has exclusive rights (reproduction, communication, performance in public, adaptation and translation) Permits for profit any place to be used for communication Makes for sale or hire or sells for hire Distributes Exhibits imports
Copying Casual connection: objective similarity Indirect copying: 2-D to 3-D, adaptation Substantial copying: How much is reasonable? The legislation does not specify a percentage that is acceptable in all circumstances. – The courts would look to see whether all or a "substantial part" of the work has been copied. – "substantial" can relate to quality just as much as quantity. A small but key part of the work could be ruled by a court to be a"substantial part
Exceptions to infringement Fair dealing: private use (incl. research, criticism or review), reporting in newspapers, broadcasting Reproduction for judicial proceedings, for members of legislature Reading or recitation of extracts in public Publication in a collection for the use of educational institutions in certain circumstances By teacher or students in the course of instructions subject to certain conditions Performance in the course of the educational activities for staff and students Performance in amateur club or religious institutions for non-paying audience Playing sound recording in a closed hall for residents of the building or in a club not-for-profit
Exceptions to infringement Making up to three copies by public library if the book is not available for sale in India Reproduction of unpublished work kept in a library for private study or research or publication. (author not known or beyond copyright) Free reproduction of Matter published in Official Gazette (expect legislation) Legislation with commentary Reports of committees/commissions laid down on the table of legislature Judgments of court, tribunal and other judicial authority Translation of legislations if not published by the Govt
Exceptions to infringement-ComputerProgrammes Making copies or adaptation by the lawful possessor – In order to utilise for the purpose it was supplied – Back up copies as a temporary protection against loss – For operating, interoperrability – Observation, study and testing the functioning – For non-commercial personal use
Role of technology in Copyright Production and storage Distribution Infringement Surveillance and detection
Technology in Production anddistribution Online creation Sharing and networking Storage media Encryption, codification and security Authentication License: access, distribution and use Loans
Technology in infringement anddetection Download Data protection and corruption Unauthorized use and distribution Infringement is easy Detection is easier than before Allowing/facilitating others to infringe is also infringement
Situation of use of IP in education Use of third party IP in- – Class room teaching – Research – Theses and publishing Putting the contents on the site and/or using in other internet media (email, listserv etc.) Libraries and learning resources
Free resources and copyright Internet, free sample, trial objects Copyright exist Implied or express license is required (GPL etc) License restrictions – Commercial use – Commercial distribution – Time/place – Further use
Electronic Theses and dissertation Ownership: student, sponsor, government, institution Free distribution and copying Third party material: Liability Instruments: license, assignment,
The Digital Library and copyright E-resources – License and permissions – Archiving the downloads – Copying: purpose – lending of a computer program for nonprofit purposes by a nonprofit library, if each copy of a computer program which is lent by such library has affixed to the packaging containing the program a warning of copyright – Lending and distribution of digital object; e-objects, archiving, journals – Internet Access Institutional repositories: – Self-archival material – Peer review system – Self-managed system – Moderated system
Digital Copyright:Myths and Facts Myth: The full text of the journal article was posted to a discussion list. The person who posted it to the list will have obtained copyright clearance. Fact: It is incredible how often you see people asking if anyone has a copy of an article that they are looking for, and a helpful person then responds by posting the full text of the article to the discussion list on which the enquirer has made the request. They might not have even considered the copyright implications of their actions.
Digital Copyright:Myths and Facts MYTH: I am entitled to make a copy of the work on my Website because I am not charging people for the material. Fact: If you publish someone elses work to your own Website without permission, copyright is infringed regardless of whether or not you charge people for the copied material.
Digital Copyright:Myths and Facts MYTH: I have only created a link to the document rather than making copies of it. There are no potential legal problems with doing that. Fact: If the link is to a pdf, for example, it could be argued that each time the link is clicked, the entire work is being "published". There are plenty of legal hazards from hyper-linking, particularly if you are using frames technology. You could be accused of "passing off“ other peoples material as your own.
Digital CopyrightsMyths and Truths MYTH There is no copyright symbol on the work, so it cant be protected by copyright. Fact: Copyright protection is automatic. There isnt a formal registration process that an author has to go through to have the rights to a work; nor do they need to put a (c) on the work in order to claim copyright protection
Digital CopyrightsMyths and Truths MYTH Anyone can copy material on the Web using fair dealing for research as a defence. Fact: Fair dealing for research or private study is restricted to fair dealing for a non- commercial purpose or private study.
Digital CopyrightsMyths and Truths MYTH : The information is accessible to anyone on the World Wide Web. It is therefore in the public domain and internet users have an implied licence to copy the material. Fact: Just because information is accessible on the Web, there is no implied licence to copy it. Copyright material sent over the Internet or stored on Web servers will generally be protected in the same way as material in other media.
Digital CopyrightsMyths and Truths MYTH: My whole site was designed by a professional Website designer. I paid them for the work, and therefore they will have checked that it is alright to use the clip art, pictures, and other material. Fact: Not necessarily. Not all Website designers will check that the material used has been cleared for copyright purposes
Statutory v/s contractual License Terms and Terms of Law Click on Agree Is open access material protected?