This document provides an overview of key legal considerations for libraries operating makerspaces. It discusses risks related to copyright, trademark, patent, and tort liability. It outlines strategies for avoiding infringement, such as complying with fair use and the Digital Millennium Copyright Act's safe harbor provision. The document also reviews important clauses for waivers and partnership agreements to manage risks. Finally, it addresses compliance with building codes, disability laws, and considerations regarding free speech and privacy in makerspace settings. The overall goal is to help libraries understand and minimize legal risks when operating these creative spaces.
Makerspaces: The Library's Legal Answers WorkshopALATechSource
This document summarizes key legal issues related to makerspaces in libraries. It discusses potential risks around patents, causing harm, waivers and agreements, speech issues, privacy, copyright, and trademark. On patents, the risk of direct or contributory infringement by the library is low as 3D printers are capable of substantial non-infringing uses. On harm, warnings should be provided if printers are broken. Waivers can release libraries from liability for negligent conduct. Speech in makerspaces is likely considered a nonpublic or limited public forum, allowing some reasonable content limits.
From the beginning of the writing process to submitting and publishing your dissertation or thesis, we will walk you through a useful workflow for addressing copyright and other legal considerations.
Use and Protection of IP in Social Media and AppsQuarles & Brady
This document summarizes key intellectual property issues related to social media and mobile apps. It discusses copyright, trademark, and right of publicity laws and how they apply online. Key points include getting permission before using others' content, that attribution alone does not permit copyrighted use, and risks of user-generated content. Defenses, remedies, and strategies like licensing, monitoring sites, and complying with the DMCA safe harbor are also covered. The document aims to help businesses and individuals avoid legal issues when using IP in social media.
This document provides an overview of copyright and fair use for digital projects. It discusses that copyright gives authors exclusive rights over their original works but that there are limitations like fair use and works being in the public domain. It outlines the four factors of fair use and provides examples of analyzing whether permission is needed or if exceptions like fair use apply. It also discusses other legal and ethical issues to consider like privacy, contracts, and licenses. The document aims to help people navigate copyright issues and make informed decisions when gathering and sharing content for their projects.
Plagiarism, Copyright and Fair Use in Business Communicationsschubert b2b
Copyright and Fair Use: Learn how to toe the line in business communications without crossing it. This presentation will give you the basics on what you need to know about copyright and plagiarism when it comes to any business writing, including marketing communications, website and advertising copy, PowerPoint slides and proposals.
Legal issues for self published authors (opl)Lila Bailey
This document summarizes a presentation about legal issues for self-published authors. It covers copyright basics such as automatic protection, registration, subject matter, fair use, infringement, and takedown procedures. It also discusses contractual issues like license vs contract, elements of a valid contract, and types of agreements authors may enter into. Finally, it provides an overview of licensing options including Creative Commons licenses and how they can be used to grant copyright permissions for creative works.
2011 Silicon Flatirons IP (Crash Course) For EntrepreneurersJason Haislmaier
Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)
Makerspaces: The Library's Legal Answers WorkshopALATechSource
This document summarizes key legal issues related to makerspaces in libraries. It discusses potential risks around patents, causing harm, waivers and agreements, speech issues, privacy, copyright, and trademark. On patents, the risk of direct or contributory infringement by the library is low as 3D printers are capable of substantial non-infringing uses. On harm, warnings should be provided if printers are broken. Waivers can release libraries from liability for negligent conduct. Speech in makerspaces is likely considered a nonpublic or limited public forum, allowing some reasonable content limits.
From the beginning of the writing process to submitting and publishing your dissertation or thesis, we will walk you through a useful workflow for addressing copyright and other legal considerations.
Use and Protection of IP in Social Media and AppsQuarles & Brady
This document summarizes key intellectual property issues related to social media and mobile apps. It discusses copyright, trademark, and right of publicity laws and how they apply online. Key points include getting permission before using others' content, that attribution alone does not permit copyrighted use, and risks of user-generated content. Defenses, remedies, and strategies like licensing, monitoring sites, and complying with the DMCA safe harbor are also covered. The document aims to help businesses and individuals avoid legal issues when using IP in social media.
This document provides an overview of copyright and fair use for digital projects. It discusses that copyright gives authors exclusive rights over their original works but that there are limitations like fair use and works being in the public domain. It outlines the four factors of fair use and provides examples of analyzing whether permission is needed or if exceptions like fair use apply. It also discusses other legal and ethical issues to consider like privacy, contracts, and licenses. The document aims to help people navigate copyright issues and make informed decisions when gathering and sharing content for their projects.
Plagiarism, Copyright and Fair Use in Business Communicationsschubert b2b
Copyright and Fair Use: Learn how to toe the line in business communications without crossing it. This presentation will give you the basics on what you need to know about copyright and plagiarism when it comes to any business writing, including marketing communications, website and advertising copy, PowerPoint slides and proposals.
Legal issues for self published authors (opl)Lila Bailey
This document summarizes a presentation about legal issues for self-published authors. It covers copyright basics such as automatic protection, registration, subject matter, fair use, infringement, and takedown procedures. It also discusses contractual issues like license vs contract, elements of a valid contract, and types of agreements authors may enter into. Finally, it provides an overview of licensing options including Creative Commons licenses and how they can be used to grant copyright permissions for creative works.
2011 Silicon Flatirons IP (Crash Course) For EntrepreneurersJason Haislmaier
Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)
This document discusses copyright, including what it protects, how long protection lasts, fair use, and the public domain. It defines copyright as giving creators exclusive rights over original works. Fair use allows limited use for purposes like teaching without permission. The public domain contains works no longer copyrighted that can be freely used. The document also discusses plagiarism in relation to copyright and provides strategies for "plagiarism proofing" assignments to reduce infringement risks.
Best practices to avoid plagiarism and copyright infringement.
About Klemchuk:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the copyright firm and its copyright attorneys may be found at www.klemchuk.com.
Management of Licences for Electronic ContentCILIPScotland
Charles Oppenheim gave a talk on managing licenses for electronic content. He has over 35 years of experience negotiating licenses between content producers and libraries. He discussed key aspects of copyright and licenses such as the licensor granting limited rights to the licensee. Common license components were also outlined such as term, termination, payment. Creative Commons and other model licenses were presented. Tips for negotiations included being prepared, consulting others, and being willing to walk away if terms are unacceptable. The goal of negotiations should be an efficient and amicable outcome through collaborative problem solving.
The document summarizes a presentation by Lila Bailey, a digital copyright lawyer, about digital rights issues for libraries. It covers three main parts: [1] digital copyright issues such as exceptions under fair use and first sale doctrines; [2] patron privacy issues involving library records and third party vendors; and [3] contracts and licensing issues when dealing with digital content from vendors. The presentation provides an overview of relevant copyright laws and best practices for libraries to consider regarding digital content and patron privacy.
This document summarizes key intellectual property and privacy laws as they relate to social media and online campaigns, including:
1. Trademark law which protects brands, logos, slogans, and designs from infringement. Proper searches should be conducted to avoid issues.
2. Copyright law which protects original creative works fixed in a tangible form. Summaries, quotes, images, and videos may require permission.
3. Trade laws like the FTC Act which require disclosure of sponsorships and endorsements to avoid deceptive practices.
4. Privacy laws including COPPA which protects child data and HIPAA which protects health information, requiring policies for social media use. Complying with notice requirements and limiting
Social Media and Your Staff by Brian Miller and Jean Boyle, solicitors at Sto...Brian Miller, Solicitor
Brian Miller and Jean Boyle, solicitors at Stone King take you through the legal implication of using social media and how to ensure your staff are aware of the consequences of using it in your organisation.
This document discusses copyright law and illegal file sharing. It provides a history of copyright legislation from the Statute of Anne in 1710 to modern acts like the Copyright Act of 1976. Copyright protects original creative works and gives owners exclusive rights over reproduction and distribution. Common copyrighted materials include music, movies, books and images. While fair use allows limited use of copyrighted works, illegal file sharing by downloading or distributing copyrighted content without permission violates copyright law and carries penalties. The document aims to dispel common myths about illegal file sharing and provides legal alternatives for obtaining copyrighted entertainment content.
This document discusses open educational resources (OER) and Creative Commons (CC) licensing. It explains that OER allow for access, sharing, adaptation, and derivation, and the more permissions granted, the more open the resource. CC licenses work with copyright to grant certain permissions for uses of a work without requiring permission. The CC BY license is recommended as it allows the most freedoms while still requiring attribution, and is compatible with all other CC licenses. Different CC licenses are suited for different purposes depending on whether derivatives or commercial use is allowed.
This document provides an overview of copyright law and exceptions in Australia. It discusses how copyright is automatic for original works in material form. It outlines the rights copyright provides, including reproduction, publication, performance, and adaptation. Copyright duration typically lasts 70 years after the author's death. There are some exceptions for uses like private copying, fair dealing, and library exceptions. The document discusses challenges like orphan works, digital content licensing, and ensuring compliance with copyright. It examines debates around copyright reform and proposed changes like fair use.
Myths and Traps of Patent, Trademark and Copyright Lawn5374j
A PowerPoint used in conjunction with a presentation by IP Litigator and Law Professor David G. Henry concerning the myths and traps of Patent, Trademark and Copyright Law and their significant impact on those in business.
This document provides an overview of copyright in higher education. It defines copyright and intellectual property, outlines author rights and the purpose of copyright law. It discusses how to legally use copyrighted works through permissions, statutory exceptions like fair use, and open access policies. The document emphasizes that authors typically own copyright to their original works and explores rights retention and open access self-archiving options for authors.
This document provides a guide for middle school students on digital citizenship, copyright, fair use, and related topics. It defines key concepts like digital citizenship, plagiarism, copyright, fair use and Creative Commons. It provides examples of when these concepts apply and resources for students to learn more. It also outlines the school's policies around plagiarism and consequences for violating these policies. The overall purpose is to educate students on properly and responsibly using and attributing digital content.
This document provides an overview of copyright basics including who owns copyrighted work, how to get permission to use copyrighted work, orphan works, the TEACH Act, and fair use. It explains that the author usually owns the copyright to their work. It outlines factors to consider for collaborative or work-for-hire works. The document also discusses that works are protected when fixed in a tangible medium and registering copyright. It provides guidance on identifying and contacting copyright owners to request permission. Finally, it summarizes key aspects of the TEACH Act and the four factors of the fair use defense.
Creative Commons: Copyright for the Digital AgeLila Bailey
The document discusses Creative Commons copyright licenses and how they enable open sharing of creative works in the digital age. It notes that copyright law automatically protects all creative works, but fair use exceptions are limited. Creative Commons licenses provide standardized ways for creators to specify which copyright permissions they want to grant for their works, such as allowing copies, distribution, or derivatives. Over 350 million works are licensed under Creative Commons today, including educational resources. Creative Commons licenses help create opportunities for open educational resources and innovation in education by clarifying what others are allowed to do with copyrighted works.
IP Basics for Businesses and EntrepreneursErica Bristol
This document provides an overview of intellectual property (IP) basics for businesses and entrepreneurs. It defines intellectual property as creations of the mind that are usually intangible and protected by law. The four main types of IP covered are copyrights, trademarks, trade secrets, and patents. For each type, the document explains what they protect, how rights are obtained, and important considerations for businesses. It emphasizes the importance of identifying, tracking, protecting, and enforcing IP rights as a valuable business asset.
2014 Crowdfunding and Intellectual Property 101Charles Mudd
A presentation from 2014 on intellectual property concerns and crowdfunding in which I addressed copyright, trademarks, trade secrets, patents, the DMCA, and litigation.
This document discusses some of the legal risks associated with using social media. It notes that while social media provides opportunities to engage clients, it also presents risks if not properly managed. It outlines privacy and data security laws that must be followed when collecting personal information from users. It also discusses laws around advertising, defamation, and copyright infringement. The document emphasizes the importance of the Digital Millennium Copyright Act's safe harbor provision, which protects companies from liability for user-generated content if they follow certain procedures like taking down infringing material upon notification. Overall, it stresses understanding applicable laws and having policies to address privacy, security, advertising and intellectual property issues that may arise on social media platforms.
This document provides an overview of copyright for academics. It discusses what is and isn't covered by copyright, fair use, the educational exception, and how media items are treated differently. It addresses common myths and provides best practices for following copyright guidelines in teaching and using content in an online learning system. Case studies are presented on fair use rulings related to digitizing copyrighted works and a university's fair use policy. Resources for further copyright information are also listed.
This document discusses copyright, including what it protects, how long protection lasts, fair use, and the public domain. It defines copyright as giving creators exclusive rights over original works. Fair use allows limited use for purposes like teaching without permission. The public domain contains works no longer copyrighted that can be freely used. The document also discusses plagiarism in relation to copyright and provides strategies for "plagiarism proofing" assignments to reduce infringement risks.
Best practices to avoid plagiarism and copyright infringement.
About Klemchuk:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the copyright firm and its copyright attorneys may be found at www.klemchuk.com.
Management of Licences for Electronic ContentCILIPScotland
Charles Oppenheim gave a talk on managing licenses for electronic content. He has over 35 years of experience negotiating licenses between content producers and libraries. He discussed key aspects of copyright and licenses such as the licensor granting limited rights to the licensee. Common license components were also outlined such as term, termination, payment. Creative Commons and other model licenses were presented. Tips for negotiations included being prepared, consulting others, and being willing to walk away if terms are unacceptable. The goal of negotiations should be an efficient and amicable outcome through collaborative problem solving.
The document summarizes a presentation by Lila Bailey, a digital copyright lawyer, about digital rights issues for libraries. It covers three main parts: [1] digital copyright issues such as exceptions under fair use and first sale doctrines; [2] patron privacy issues involving library records and third party vendors; and [3] contracts and licensing issues when dealing with digital content from vendors. The presentation provides an overview of relevant copyright laws and best practices for libraries to consider regarding digital content and patron privacy.
This document summarizes key intellectual property and privacy laws as they relate to social media and online campaigns, including:
1. Trademark law which protects brands, logos, slogans, and designs from infringement. Proper searches should be conducted to avoid issues.
2. Copyright law which protects original creative works fixed in a tangible form. Summaries, quotes, images, and videos may require permission.
3. Trade laws like the FTC Act which require disclosure of sponsorships and endorsements to avoid deceptive practices.
4. Privacy laws including COPPA which protects child data and HIPAA which protects health information, requiring policies for social media use. Complying with notice requirements and limiting
Social Media and Your Staff by Brian Miller and Jean Boyle, solicitors at Sto...Brian Miller, Solicitor
Brian Miller and Jean Boyle, solicitors at Stone King take you through the legal implication of using social media and how to ensure your staff are aware of the consequences of using it in your organisation.
This document discusses copyright law and illegal file sharing. It provides a history of copyright legislation from the Statute of Anne in 1710 to modern acts like the Copyright Act of 1976. Copyright protects original creative works and gives owners exclusive rights over reproduction and distribution. Common copyrighted materials include music, movies, books and images. While fair use allows limited use of copyrighted works, illegal file sharing by downloading or distributing copyrighted content without permission violates copyright law and carries penalties. The document aims to dispel common myths about illegal file sharing and provides legal alternatives for obtaining copyrighted entertainment content.
This document discusses open educational resources (OER) and Creative Commons (CC) licensing. It explains that OER allow for access, sharing, adaptation, and derivation, and the more permissions granted, the more open the resource. CC licenses work with copyright to grant certain permissions for uses of a work without requiring permission. The CC BY license is recommended as it allows the most freedoms while still requiring attribution, and is compatible with all other CC licenses. Different CC licenses are suited for different purposes depending on whether derivatives or commercial use is allowed.
This document provides an overview of copyright law and exceptions in Australia. It discusses how copyright is automatic for original works in material form. It outlines the rights copyright provides, including reproduction, publication, performance, and adaptation. Copyright duration typically lasts 70 years after the author's death. There are some exceptions for uses like private copying, fair dealing, and library exceptions. The document discusses challenges like orphan works, digital content licensing, and ensuring compliance with copyright. It examines debates around copyright reform and proposed changes like fair use.
Myths and Traps of Patent, Trademark and Copyright Lawn5374j
A PowerPoint used in conjunction with a presentation by IP Litigator and Law Professor David G. Henry concerning the myths and traps of Patent, Trademark and Copyright Law and their significant impact on those in business.
This document provides an overview of copyright in higher education. It defines copyright and intellectual property, outlines author rights and the purpose of copyright law. It discusses how to legally use copyrighted works through permissions, statutory exceptions like fair use, and open access policies. The document emphasizes that authors typically own copyright to their original works and explores rights retention and open access self-archiving options for authors.
This document provides a guide for middle school students on digital citizenship, copyright, fair use, and related topics. It defines key concepts like digital citizenship, plagiarism, copyright, fair use and Creative Commons. It provides examples of when these concepts apply and resources for students to learn more. It also outlines the school's policies around plagiarism and consequences for violating these policies. The overall purpose is to educate students on properly and responsibly using and attributing digital content.
This document provides an overview of copyright basics including who owns copyrighted work, how to get permission to use copyrighted work, orphan works, the TEACH Act, and fair use. It explains that the author usually owns the copyright to their work. It outlines factors to consider for collaborative or work-for-hire works. The document also discusses that works are protected when fixed in a tangible medium and registering copyright. It provides guidance on identifying and contacting copyright owners to request permission. Finally, it summarizes key aspects of the TEACH Act and the four factors of the fair use defense.
Creative Commons: Copyright for the Digital AgeLila Bailey
The document discusses Creative Commons copyright licenses and how they enable open sharing of creative works in the digital age. It notes that copyright law automatically protects all creative works, but fair use exceptions are limited. Creative Commons licenses provide standardized ways for creators to specify which copyright permissions they want to grant for their works, such as allowing copies, distribution, or derivatives. Over 350 million works are licensed under Creative Commons today, including educational resources. Creative Commons licenses help create opportunities for open educational resources and innovation in education by clarifying what others are allowed to do with copyrighted works.
IP Basics for Businesses and EntrepreneursErica Bristol
This document provides an overview of intellectual property (IP) basics for businesses and entrepreneurs. It defines intellectual property as creations of the mind that are usually intangible and protected by law. The four main types of IP covered are copyrights, trademarks, trade secrets, and patents. For each type, the document explains what they protect, how rights are obtained, and important considerations for businesses. It emphasizes the importance of identifying, tracking, protecting, and enforcing IP rights as a valuable business asset.
2014 Crowdfunding and Intellectual Property 101Charles Mudd
A presentation from 2014 on intellectual property concerns and crowdfunding in which I addressed copyright, trademarks, trade secrets, patents, the DMCA, and litigation.
This document discusses some of the legal risks associated with using social media. It notes that while social media provides opportunities to engage clients, it also presents risks if not properly managed. It outlines privacy and data security laws that must be followed when collecting personal information from users. It also discusses laws around advertising, defamation, and copyright infringement. The document emphasizes the importance of the Digital Millennium Copyright Act's safe harbor provision, which protects companies from liability for user-generated content if they follow certain procedures like taking down infringing material upon notification. Overall, it stresses understanding applicable laws and having policies to address privacy, security, advertising and intellectual property issues that may arise on social media platforms.
This document provides an overview of copyright for academics. It discusses what is and isn't covered by copyright, fair use, the educational exception, and how media items are treated differently. It addresses common myths and provides best practices for following copyright guidelines in teaching and using content in an online learning system. Case studies are presented on fair use rulings related to digitizing copyrighted works and a university's fair use policy. Resources for further copyright information are also listed.
Fair use is a limitation on copyright that allows limited use of copyrighted works without permission for purposes such as commentary, criticism, news reporting, teaching, and research. There is a four-factor test to determine if a use is fair, considering the purpose of the use, nature of the work, amount used, and effect on the market. Fair use is important for professional communities and is a defense against copyright infringement claims. It provides significant economic benefits and is important for technology and other industries.
Introduction to Copyright in Academic LibrariesHVCClibrary
This document provides an overview of copyright law as it relates to academic libraries. It discusses the U.S. Copyright Act, fair use provisions, the Digital Millennium Copyright Act, and special provisions for libraries under Section 108. Key points include that copyright automatically vests when a work is created and fixed in a tangible form. Fair use allows for unlicensed use in certain circumstances based on four factors. The DMCA prohibits circumventing technological protections and outlines liability for internet service providers. Section 108 allows libraries to make copies for preservation, private study, and interlibrary loan within certain limits. Institutional policies should comply with copyright law.
Collisions in the digital paradigm short David Harvey
The document discusses how the digital paradigm challenges traditional copyright assumptions and values. It argues that copyright originated not as a property right but to control the printing press technology. A new copyright model is needed that reflects the digital age and balances information rights with copy rights. Content owners see less protection while consumers see too much. A rights-based approach framing copyright as an exception to freedom of information may achieve a fairer balance.
The Digital Millennium Copyright Act (DMCA) is the main law governing copyright in digital media. Passed in 1998, the DMCA protects copyright holders by prohibiting the unauthorized distribution of copyrighted works online and implementing two World Intellectual Property Organization treaties. The DMCA contains five titles that address issues like online copyright infringement and computer program protection. It restricts activities like illegally sharing copyrighted music, movies, books, software, and video games without permission. While the DMCA protects copyright holders' rights, it also allows for limitations like fair use for educational purposes.
This document discusses jurisdiction and managing litigation risk related to online activities. It begins with an overview of jurisdiction and key concepts like personal and subject matter jurisdiction. It then examines how personal jurisdiction principles from precedents like International Shoe apply in cyberspace, given challenges in establishing minimum contacts online. The document analyzes several cases related to this issue, such as Calder v. Jones and Zippo Manufacturing v. Zippo Dot Com. Finally, it discusses alternatives to litigation like online dispute resolution and the benefits of approaches used by companies like PayPal.
Researcher KnowHow: Copyright for researchersLivUniLibrary
This document provides an overview of copyright and how it relates to academic research and publishing. It discusses what copyright is, how it affects researchers, and exceptions for educational use. It also covers topics like publishing open access, retaining copyright when publishing in traditional journals, and using Creative Commons licenses. The presentation aims to help researchers understand copyright and navigate their rights and responsibilities when using copyrighted works in their own research and publications.
Presented by Martin Wolf, Head of Open Research at the University of Liverpool Library on Head of 14th June 2021.
Covers:
* What is copyright?
* How does copyright impact on your thesis?
* Practical steps to take
* Copyright and academic publishing
I created this slide deck to give as a handout to attendees of the Southern Christian Writers Conference where I was asked to speak on the topic: "The Writer & the Law."
Video clips of the session are now available here: http://benfranklinfollies.com/2012/06/19/video-of-the-writer-the-law-session-at-scwc/
Minow: Copyright, Licensing, and the Law of E-Books WorkshopALATechSource
The document discusses several key issues relating to ebooks and libraries, including copyright law, accessibility requirements, privacy concerns, and ebook licensing models. It provides an overview of the laws around preservation, interlibrary loans, and the concept of "first sale" in both print and digital formats. The document also examines recent court cases on fair use and the rights of libraries to provide accessible ebook services to all patrons. Finally, it surveys different ebook platform vendors and licensing terms that libraries should consider.
This document discusses various pathways for entrepreneurs to start new ventures, including creating a new venture, acquiring an existing venture, or obtaining a franchise. It covers topics like emerging business opportunities, sources of ideas, financial considerations, acquiring a business, franchising, legal issues, and types of intellectual property protection including patents, copyrights, and trademarks. The document provides information to help entrepreneurs evaluate opportunities and protect their business concepts.
Ethical, social and political issues raised by e commerceNicholas Davis
This document summarizes the topics and assignments covered in Session Three of the Management 265: Introduction to E-Commerce course. The session covered concepts related to online marketing and consumer behavior, how technology supports online marketing, online market research, and forms of online marketing communications. Assignments included reading chapters, submitting papers on ethical implications and a case analysis, and continuing to work on an e-commerce functions paper. The document also discusses various topics related to e-commerce such as legal/ethical issues, intellectual property, and digital copyright.
Ethical, Social And Political Issues Raised By E CommerceNicholas Davis
This document summarizes the topics and assignments covered in Session Three of the Management 265: Introduction to E-Commerce course. The session covered consumer behavior concepts in internet marketing, how technology supports online marketing, online market research, forms of online marketing communications, how websites function as marketing tools, and ethical issues in e-commerce. Assignments included reading chapters, submitting papers on ethical implications and a case analysis, and continuing work on an e-commerce functions paper. The document also covered various e-commerce concepts and issues like intellectual property, legal/ethical dilemmas, and the Digital Millennium Copyright Act.
My presentation on future legal issues in blockchain from Practicing Law Institute program on The Future of Blockchain and Digital Assets: The View of Silicon Valley. The presentation covers new theories of liability for blockchain (and open source) software developers for the performance of the software and compliance with regulatory obligations. These theories are new and pose significant dangers to the future of the open source software ecosystem.
This document provides an overview of intellectual property topics including patents, trade secrets, and related cases. It discusses what patents are, how they are obtained and enforced, and key requirements like novelty and non-obviousness. Business method patents and landmark cases are addressed. Trade secrets are defined as virtually any valuable business information that owners take reasonable steps to protect. Both patents and trade secrets are important forms of intellectual property protection.
This document provides an overview of intellectual property topics including patents, trade secrets, and a case discussion. It summarizes that patents provide exclusivity for new and non-obvious inventions for 20 years, trade secrets protect valuable business information that companies have taken steps to keep secret, and both have advantages and limitations for protecting ideas and information compared to other IP rights.
Similar to Makerspaces: Library's Legal Answers Workshop (20)
Liven Up Baby and Toddler Storytimes with Sign Language (March 2019)ALATechSource
This document discusses using sign language in baby and toddler storytimes. It recommends choosing a few signs to use consistently in programs to stimulate language development and communication. Tips are provided on learning signs from various resources and practicing their introduction and use within storytime activities. Expanding sign language use can engage more participants, including those with special needs.
Dealing with Mental Health on the Front Lines: Part 1ALATechSource
This document discusses mental health issues and resources for dealing with them. Some key points:
- About 1 in 5 U.S. adults experience mental illness each year, with the most common being anxiety disorders, depression, substance abuse, bipolar disorder, and eating disorders.
- However, 60% of Americans with mental illness receive no treatment, resulting in lost productivity costing $105 billion annually.
- Groups more likely to experience issues include women, non-managers, and non-profits, while groups less likely are older adults, children, homeless/poor, first responders, and military.
- Reasons for not seeking treatment include stigma, lack of awareness, denial, and lack of resources.
Serving Children with Autism Spectrum Disorder: Part 2 (Feb. 2019)ALATechSource
This document discusses resources and instructional strategies for serving youth with autism spectrum disorder (ASD) in libraries. It identifies various print and digital resources that work well for youth with ASD, including predictable books, formulaic series, non-fiction, rhyming books, and periodicals. Effective reading strategies include using word games, modeling think-aloud reading, and creating picture books. The document also discusses instructional strategies like direct instruction, discrete trial training, constructivist approaches, and ensuring accessibility for visual and language issues. It emphasizes the importance of collaboration, establishing routines, and incorporating the youth's interests.
Using Visual Arts in Early Childhood ProgrammingALATechSource
This document provides guidance for using visual arts in early childhood programming. It discusses the benefits of art for young children, including developing motor skills, cognitive abilities, and social-emotional skills. Four art projects are described in detail with supply lists, instructions, video demonstrations, and book connections. The projects allow for open-ended creative expression and include silly face paintings, crumpled flower collages, twirling sculptures, and action painting. Resources for further planning arts activities for toddlers and preschoolers are also provided.
Serving Children with Autism Spectrum Disorder (Feb. 2019)ALATechSource
This document discusses strategies for libraries to better serve people with autism spectrum disorder (ASD). It begins by outlining the learning objectives and providing background on the increasing prevalence of ASD. It then discusses the characteristics and challenges of individuals with ASD, including sensory and developmental issues. The document outlines strategies libraries can use to create a more inclusive and supportive environment for those with ASD, such as establishing predictable routines, addressing sensory needs, providing social supports, and ensuring instruction is explicit and literal. It emphasizes the importance of collaboration and addressing the full scope of deficits associated with ASD.
Laura Solomon introduces her Library Website Rehab program, which helps libraries address common people challenges with their websites. These challenges can include not knowing what to fix, how much to fix, what to prioritize, or who will do the work. The program uses an interactive four-part event approach led by Laura and her team to help libraries assess and improve their websites. Interested libraries can register at the provided URL.
Taking STEAM Programs to the Next LevelALATechSource
This document outlines Amy Holcomb's presentation on taking steam programs to the next level. The presentation defines steam learning and discusses the benefits of steam programs in libraries. It also provides examples of structured and unstructured steam activities for different age groups, including multi-day bootcamp programs. Resources for steam learning are shared, and the presentation concludes with a question and answer session.
Creating a Digital Media Space for Today's Teens: Part 2 (Jan. 2019)ALATechSource
This document provides guidance and recommendations for creating a digital media space for teens at a library. It discusses the importance of mentorship and designing programming to support diversity and multiple literacies. Specific recommendations are made for workshop structures, partner programming, volunteer opportunities, and evaluation methods like badges and a teen media awards program. Equipment suggestions include video cameras, audio equipment, 3D printers, and software like Adobe Creative Cloud. Guidance is also given on grant writing and leveraging free online resources. The overall recommendation is to focus on relationships and community building rather than just transactions to better serve the community.
Creating a Social Media Policy for Your Library (January 2019)ALATechSource
The document discusses the importance of organizations having social media policies to protect their reputation and avoid legal issues, even if they do not currently have a social media presence. It provides examples of what should be included in a policy, such as guidelines for employee behavior online and protection of intellectual property. While some argue that formal policies are unnecessary, the document emphasizes that as social media becomes more integrated into workplaces, organizations need rules to define appropriate use and avoid potential problems stemming from employee social media use.
Creating a Digital Media Space for Today's Teens: Part 1 (Jan. 2019)ALATechSource
The document discusses creating a digital media space for teens at the library. It outlines the background and theory behind developing a mentor-driven program like The Labs at the Carnegie Library of Pittsburgh. The program is based on 3 levels of engagement - hanging out, messing around, and geek out. The document emphasizes that mentorship should be at the heart of the program and focuses on building relationships and community. It also discusses how the program can help address equity issues in the city by providing caring non-parental adults and spaces for informal learning to explore interests.
Working with Individuals Affected by Homelessness: An Empathy-Driven Approach...ALATechSource
This document provides a summary of training topics related to homelessness, including:
- An overview of different types of homelessness and how trauma can impact brain development and behavior.
- A discussion of how traits like mental illness, substance abuse, and trauma history lower the effectiveness of punishment-driven enforcement when working with people experiencing homelessness.
- An introduction to using empathy-driven and relationship-based approaches, like building trust through compliments and acts of service, rather than threats or punishment.
- Tools and techniques are presented for using psychology and neurochemistry to develop relationships, build voluntary compliance, and resolve issues in a compassionate manner.
Fake News, Real Concerns: Developing Information-Literate Students (December ...ALATechSource
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The document discusses emerging technologies and their impact. It begins with a brief history of technological laws like Moore's Law. It then covers topics like local vs cloud computing, algorithms and filters, privacy issues, and the growing Internet of Things. The document also examines artificial intelligence, machine learning, augmented and virtual reality. It raises concerns about data manipulation and deepfakes. In conclusion, it emphasizes that the technological changes of the next 20 years will vastly exceed the last 20 years.
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Makerspaces: Library's Legal Answers Workshop
1. Some Ground Rules!
•Anything said here is not to be taken
as legal advice, if you have a legal
issue, please consult appropriate
counsel.
•In return, it is assumed that all
questions posed are hypothetical and
reflect only the musings of an
informed and curious mind and not the
actual problem you might have.
2. About this workshop
• We applaud makerspace pioneers in libraries!
• Librarians often over-estimate legal risk in any given situation
• Our goals today:
• Help you understand actual risk
• Suggest strategies for minimizing risk
3. One more thing…
• If your use is subject to a license (including terms of use), the
license controls!
• If license does not address particular situation, then turn to law.
• So read what you agree to…
• … and understand what you agree to
4. Makerspaces: The Library's Legal Answers
Assessing Risk
• Copyright – Gretchen
One page form to file with copyright office – Mary
• Patent – Tom
• Defects (Tort) - Tom
Key clauses in waivers and partnership agreements
• Waivers – Tom
• Partnership agreements – Mary
Building Codes and Disability Compliance – Mary
Free Speech and Privacy – Mary
5. Makerspaces: The Library's Legal Answers
Assessing Risk
• Copyright
• Trademark
• Patent
• Defects (Tort)
Key clauses in waivers and partnership agreements
Building Codes and Disability Compliance
Free Speech and Privacy
7. What’s protectable by copyright?
• Work is automatically protected if and when:
Original work of authorship
With a modicum of creativity
Fixed in a tangible medium of expression
Songs
Poems
Images
8. Copyright Owner’s Rights
• Reproduce the work
• Make derivatives
• Distribute copies to the public
• Display and perform in public
9. How might library infringe copyright
in makerspace?
• Direct infringement: You did it
• Indirect infringement: You were accomplice to the one who did it
10. Direct Infringement:
Reproduction Right
• Copying of protectable expression
• Standard: substantial similarity
• Modified copies can infringe!
• Medium/format does not matter: a copy is a copy is a copy
11. Direct Infringement: Other Rights
• Create a derivative
• (If you had protectable content, it’s a derivative; might also be
infringement of reproduction right.)
• Distribute unlawfully made copies to the public
• Perform or display in public
12. Indirect Infringement
• Vicarious liability:
• Right and ability to control infringing activity + direct financial interest
• Contributory liability:
• Knowingly induce, cause, or contribute to third party’s infringement
• Inducement
• Distribution of a device with the object of promoting its use to infringe
copyright, as shown by clear expression or other affirmative steps
taken to foster infringement
13. Avoiding Infringement:
Limitations on Owner Rights
• Unsupervised copying by users:
• Section 108
• Users uploading infringing material:
• DMCA “safe harbor” for “online service providers” (§512)
• Other things, maybe:
• Fair use
14. Section 108(f)
• No liability for copyright infringement upon a library or
archives or its employees
• for the unsupervised use by other
• of reproducing equipment located on its premises
• IF such equipment displays a notice that the making of
a copy may be subject to the copyright law
17 U.S.C. Sect. 108(f)
15. Application of Section 108
• Post notices!
• Don’t “push the button”
• “Unsupervised” has gray area
• But remember: 108 doesn’t require you to post notices and not
supervise copying, just relieves of liability IF you do…
• … and IF user infringes
16. Patron uses library’s online space to upload someone else’s song
Protect the library ahead of time with two steps
1. REGISTER AGENT WITH U.S. COPYRIGHT OFFICE
www.copyright.gov/onlinesp
Digital
Millennium
Copyright
Act (DMCA)
17. Are you already registered?
http://www.copyright.gov/onlinesp/
Is your library or parent organization already registered?
18. Example: MIT Museum Copyright Agent on file with
U.S. Copyright Office
www.copyright.gov/onlinesp/agents/m/mit.pdf
Amend if your designated
copyright designee
changes
19. 2. ON YOUR SITE: INFORM PUBLIC HOW TO CONTACT AGENT,
TAKEDOWN PROCESS
Example: Columbia University
http://www.columbia.edu/content/copyright.html
20. Fair Use
• Determined on case-by-case basis
• Based on four factors
• Purpose and character of use
• Nature of work infringed
• Amount and substantiality of portion used
• Effect on potential marketability of work
22. So….
• Reminder: Talking about library’s actions as fair use
• In what type of situations would you need to rely on fair use for
makerspace activities?
• What do your policies & procedures say?
• How do you address fair use in other situations?
24. What is a trademark?
• Anything used to identify source/origin of product or service in
mind of consumer
• Words, images, names, even sounds and smells!
• Even if you don’t know who actual source/origin is
• E.g., each time you see “OREO,” you know those cookies came
from same source as last time you bought Oreos, even if you
don’t know source is Nabisco
25. Purpose of trademark law
• To protect consumers from confusion as to source of products
• So they can rely on brand consistency
26. What constitutes trademark infringement?
• Using a mark in way likely to cause consumer confusion as to
connection between your product or service and that of another
• Mark does not have to be exact
27. How might makerspaces infringe trademark
law?
• Advertising/marketing
• Using trademark in way that might imply non-existing association
• Making item containing infringing mark
• Making item that is itself trademarked, e.g., character
28. About “maker” words…
• “Makerspace” is generic word so cannot be protected by
trademark
• BUT “MAKER FAIRE” is registered trademark
• So be aware, read licenses and terms of use
33. Risk of Patent Liability
• Example: Reproducing a work or component of a work protected by
a patent.
• Example: Reproducing an object protected by a design patent.
• Primary/Direct: Non-existent if library does no printing.
• Inducement: Secondary. Non-existent at present under 35 U.S.C.A.
§ 271(b) if the library does not induce the patron to infringe a
patent. BENIGN INSTRUCTION of Patrons!
• Avoid knowledge and willful blindness standards of Global-Tech
Appliances, Inc. v. SEB S.A., 131 S.Ct. 2060, 2069 (2011).
• Elements: 1) High probability (subjective belief) and 2) deliberate avoidance.
• Distribution/Contributory: Secondary. Non-existent at present
under 35 U.S.C. § 271(c) (3D printer is a device capable of
“substantial noninfringing uses”).
• Especially made/adapted standard of Aro Mfg. Co. v. Convertible Top
Replacement Co., 377 U.S. 476, 525 (1964), is absent.
34.
35. Risk of Defect or other Harm (Tort) Liability
• Example: Device (3D Printer) is defective.
• Example: Reproducing an object that does not function.
• Example: Providing faulty design instructions.
• Example: The object functions but is used to harm another.
• Printer Defect: the library as gratuitous bailor of the printer:
• Restatement (Second) of Torts § 388 (1965): know or reason to know and a failure
to warn: of a dangerous condition or of facts likely to make it dangerous. Printer not
working properly: sprays molten compound. Warning: blade is very sharp!
• Product defect: Liability unlikely under product (strict) liability standard.
Patron made object is not “manufactured”:
• “engaged in the business of selling or otherwise distributing products.”
RESTATEMENT (THIRD) OF TORTS: PRODUCTS LIABILITY § 1 (1998),
comment c.
• See also, RESTATEMENT (SECOND) OF TORTS § 402A, comment f (1965)
(“The rule does not apply to the housewife who, on one occasion, sells to her
neighbor a jar of jam or a pound of sugar.”).
• Instructions: Liability unlikely under product liability law. Aetna
Casualty & Surety Co. v. Jeppesen & Co., 642 F.2d 339, 341-343 (9th Cir.
1981) (liability limited to navigational and aeronautical charts).
36. Risk of Defect or other Harm, continued
• Instructions: Liability unlikely under negligence.
• Source: Library (“cheat sheet”). “publisher… has no duty to …independently
investigate the accuracy of the text. ” Winter v. G.P. Putnam’s Sons, 938 F.2d 1033, 1037-
38 (9th Cir. 1991).
• “warning is unnecessary… no publisher has a duty as a guarantor.” Id.
• Reasonableness of reliance on gratuitous information. RESTATEMENT (SECOND) OF
TORTS § 311, comment c (1965).
• Source: Third Party. Immunity: content obtained online. 47 U.S.C. § 230.
• Product defect or harm to another: Negligence unlikely. Duty of
care standard. Foreseeability. Proximate cause. Superseding cause.
Public policy considerations.
• Statutory Immunity: Wis. Stat. § 893.80(4).
• “A discretionary act is one that involves the exercise of discretion or judgment in
determining the policy to be carried out or the rule to be followed [and] the exercise
of discretion and judgment in the application of a rule to specific facts. A non-
immune ministerial’ act, on the other hand, is one where the duty is absolute, certain
and imperative, involving merely the performance of a specific task when the law
imposes, prescribes, and defines the time, mode and occasion for its performance
with such certainty that nothing remains for the exercise of judgment or discretion.”
Willow Creek Ranch, LLC v. Town of Shelby, 224 Wis.2d 269, 281-282 (Ct. App.
1998) (citations omitted), review granted 228 Wis.2d167 (1999), affirmed 235
Wis.2d 409 (2000), reconsideration denied 239 Wis.2d 314 (2000).
38. Risk of Defect or other Harms, Waivers
• Exculpatory Agreements: called waivers, operate as release
from liability, a contractual promise not to sue for negligent but
not reckless or intentional conduct.
• Clear title and labels (Assumption of Risk, Release of Liability, etc.).
• Singular purpose, e.g., do not combine with general registration.
• Articulate the possible equipment, e.g., solvents, metal working tools,
etc., dangers, e.g., fumes, sharp objects, etc., and harms, e.g., cuts,
burns, etc.
• Exculpatory provision in bold or caps: conspicuous!
• Some states require the ability to bargain; present a choice: service is
free if you sign, if you choose not to sign you pay a fee.
• Minors: Contracts are voidable; exception: voluntary, noncommercial.
• Indemnification: a promise to make another whole, i.e., to
cover the expenses associated with a harm suffered including
legal expenses and damages.
• Fault of the library; fault of the patron (in harming another patron).
39. PARTNERSHIP AGREEMENTS
• CLARITY, CLARITY, CLARITY
Define makerspace, access, hosting, staffing, communication,
programs, facilities including parking, fees (collecting and using)
• Confidentiality – patron information, agreement itself
• Decision-making. Who decides what? Unanimous decisions?
• Capital Contribution. Initially? Maintenance? Expansion?
• Insurance. Who carries policy? Additional insured?
• Dissolution. Exit strategies. Better: six month agreements.
TekVenture Inc. and Allen County Public Library agreement at
https://infopeople.org/sites/default/files/webinar/2014/07-22-2014/PartnershipAgreementExample.pdf
44. New space, not a quiet reading space
Users may be expected to talk
Boisterous? Foul Language?
Creating embarassing 3D prints?
Free Speech and Library’s Makerspace (physical)
Government libraries bound by
FIRST AMENDMENT .. Can do:
CONTENT NEUTRAL
Too loud (may enforce)
Not bad words (trickier)
Check with lawyer before removing
someone for bad language
45. Makerspace Policies ... and Free Speech
Define purpose of the space
Hanging out, messing around, geeking out (Chicago Public Library)
Ask for civility in general (but don’t kick out)
Personal attacks – consult library conduct policy
Warning: difficult to rise to level of direct threat
Obvious “hyperbole” is free speech
See Henry Cohen, (16 October 2009). "Freedom of
Speech and Press: Exceptions to the First Amendment”
www.fas.org/sgp/crs/misc/95-815.pdf
46. Defamation, False Information, Negligence
… You’re not responsible, even if you host (almost always)
No provider or user of an interactive computer service shall be treated as the publisher or speaker of
any information provided by another information content provider. 47 USC§ 230(c)
Matchmaker.com immune when user posted false profile for Star Trek
actress – stalking
Carafano v. Metrosplash.com, Inc., 339 F.3d 1119 (9th Cir. 2003)
Sect. 230 broad protection – from false information, negligence,
sexually explicit content, discrimination BUT NOT COPYRIGHT
Free Speech and Library’s Makerspace (online)
48. Ever-so-slight caution:
Don’t “co-produce” bad content
Internet roommate locator service
Required users to use pull-down menus:
age, gender, sexual orientation, children
No immunity as co-producer of content
But OK to let users write free text "Additional Comments”
even gross discrimination
Fair Housing Council of San Fernando Valley v. Roommates.com, 521 F.3d 1127 (9th Cir.
2008)
49. Privacy and Makerspaces
Federal Law
no expectation of privacy in public places
but Electronic Privacy Communications Act
(ECPA) protects stored electronic data
State Law – varies
*Most protect personal information
in library records
*Some (e.g. Arizona) protect personal
information when “using the library”
50. Privacy and Collecting Information from Children
Federal law requires parental consent for
children under 13 for online comments
at commercial websites
Don’t collect/keep what you don’t need
Children's Online Privacy Protection Act
(COPPA)
51. If you have a commercial partner, subject to COPPA
Commercial services
Notice to parents about information practices
Verifiable parental consent before collecting
Parents must have access to child’s info
Confidentiality, security and integrity of child’s personal info
… link to privacy policy on any page where info is collected
Federal Trade Commission (FTC)
www.ftc.gov/bcp/conline/edcams/kidzprivacy
52. Privacy and Sharing Children’s Information
Great to cooperate with schools or others
Warning: Get parental permission before
sharing personal information
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
53. Resources
American Library Association. Progress in the Making: 3D Printing Policy Considerations through the Library
Lens by Charlie Wapner
http://www.ala.org/offices/sites/ala.org.offices/files/content/3D_Library_Policy-ALA_OITP_Perspectives-
2015Jan06.pdf
California State Library Infopeople project. Makerspaces in Libraries: Legal Considerations July 22, 2014 (thanks
to Infopeople for some content in this presentation)
https://infopeople.org/civicrm/event/info?id=416&reset=1
A design patent protects only the appearance of the article and not its structural or utilitarian features: “Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.” 35 U.S.C. § 171. The period of protection is 14 years. Designs for jewelry, clothing, furniture, a beverage container are examples. Instead of utility, a design patent must possess ornamentality, as well as novelty and non-obviousness. Novelty is determined by using an ordinary person standard while non-obviousness uses an ordinary designer standard, i.e. one with ordinary skill in the art, though some courts have used a lower ordinary intelligent person. While the utility patent protects the way an article is used and works, a design patent protects the way an article looks. In other words, design patents are intended to protect the unique look of a functional item.
Federal law governs in the area of utility patents (Duration is 20 years): “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.” 35 U.S.C. § 101. A process is a way of doing something but if it is a patentable process it must be a new, useful and non-obvious way of doing something. A chemical process is a typical form of process patent. A machine, a manufacture and a composition of matter are all things. A machine is an inventive thing that does something. A manufacture is a human-made thing and a composition is a thing made from existing materials or substances. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
“Thus a person infringes by actively and knowingly aiding and abetting another’s direct infringement.” Water Technologies Corp. v. Calco, Ltd., 850 F.2d 660, 668 (Fed. Cir. 1988).
Requires knowledge of both the patent and the infringement.
Actual knowledge or willful blindness: “It is also said that persons who know enough to blind themselves to direct proof of critical facts in effect have actual knowledge of those facts.” Global-Tech Appliances, Inc. v. SEB S.A., 131 S.Ct. 2060, 2069 (2011). “While the Courts of Appeals articulate the doctrine of willful blindness in slightly different ways, all appear to agree on two basic requirements: (1) the defendant must subjectively believe that there is a high probability that a fact exists and (2) the defendant must take deliberate actions to avoid learning of that fact. We think these requirements give willful blindness an appropriately limited scope that surpasses recklessness and negligence.” Id. at 270 (footnote omitted).
“Under this formulation, a willfully blind defendant is one who takes deliberate actions to avoid confirming a high probability of wrongdoing and who can almost be said to have actually known the critical facts… By contrast, a reckless defendant is one who merely knows of a substantial and unjustified risk of such wrongdoing…and a negligent defendant is one who should have known of a similar risk but, in fact, did not,.” Id. at 270-271.”
Secondary (distribution/contributory): “one who sells an article must know that the article is to be used ‘in an infringement of such patent’ and that it is ‘especially made or especially adapted’ for that purpose.” Aro Mfg. Co. v. Convertible Top Replacement Co., 377 U.S. 476, 525 (1964).
Contributory liability requires three elements then: “(1) An offer to sell, a sale, or importation into the United States, (2) Of a material component of a patented invention and (3) With knowledge that such component has been especially made for use in an infringement of such invention.” JOHN GLADSTONE MILLS III, ET AL., 6 PATENT LAW FUNDAMENTALS § 20:7 (Indirect infringement—Contributory infringement) (2d ed.) (Database updated May 2015).
IP Law: Know or reason to know standard vs. should know (tort law).
A bailor is not expunged from liability for defective equipment simply because the equipment “loaned” is free. However the bailor must know or have reason to know that the equipment provided is dangerous when used for the purpose for which it is intended. A “gratuitous bailor may be liable for physical harm caused by the use of his chattel when he knows or has reason to know that the chattel is or is likely to be dangerous when put to the use for which it is supplied; has no reason to believe that those for whose use the chattel is supplied will realize its dangerous condition; and fails to exercise reasonable care to inform the user of its dangerous condition or of the facts which make it likely to be dangerous.” Pagano v. Occidental Chemical Corporation, 257 Ill.App.3d 905, 913; 629 N.E.2d 569, 575 (Ill. App. 1 Dist., 1994) (and adopting the rule of the Restatement (Second) of Torts § 388 (Chattel Known to be Dangerous for Intended Use), comment c, Persons included as “suppliers.” (1965) (Database updated October 2014) (“These rules, therefore, apply to sellers, lessors, donors, or lenders, irrespective of whether the chattel is made by them or by a third person. They apply to all kinds of bailors, irrespective of whether the bailment is for a reward or gratuitous, and irrespective of whether the bailment is for use, transportation, safekeeping, or repair.”).
See also, Restatement (Third) of Torts § 18 (Negligent Failure to Warn) (2010) (“A defendant whose conduct creates a risk of physical or emotional harm can fail to exercise reasonable care by failing to warn of the danger if: the defendant knows or has reason to know: of that risk; and that those encountering the risk will be unaware of it; and a warning might be effective in reducing the risk of harm.”) (Database updated October 2014).
Wis Stat. § 893.80(4): “No suit may be brought against any volunteer fire company organized under ch. 213, political corporation, governmental subdivision or any agency thereof for the intentional torts of its officers, officials, agents or employees nor may any suit be brought against such corporation, subdivision or agency or volunteer fire company or against its officers, officials, agents or employees for acts done in the exercise of legislative, quasi-legislative, judicial or quasi-judicial functions.”
Coffey v. City of Milwaukee, 74 Wis.2d 526, 541 (1976): “Thus this court has held that even where the chain of causation is complete and direct, recovery may sometimes be denied on grounds of public policy because: (1) The injury is too remote from the negligence; or (2) the injury is too wholly out of proportion to the culpability of the negligent tort-feasor; or (3) in retrospect it appears too highly extraordinary that the negligence should have brought about the harm; or (4) because allowance of recovery would place too unreasonable a burden on the negligent tort-feasor; or (5) because allowance of recovery would be too likely to open the way for fraudulent claims; or (6) allowance of recovery would enter a field that has no sensible or just stopping point.”
“Policy decisions are those decisions that require the municipality to balance competing interests and to make a judgment call as to which solution will best serve each of those interests.” Capps v. Belleville School Dist. No. 201, 313 Ill. App.3d 710, 715; 730 N.E.2d 81, 86 (5 Dist. 2000) (citations omitted). “[D]iscretionary acts are those which are unique to a particular public office, while ministerial acts are those which a person performs on a given state of facts in a prescribed manner, in obedience to the mandate of legal authority, and without reference to the official’s discretion as to the propriety of the act.” Snyder v. Curran Township, 167 Ill.2d 466, 474, 212 Ill. Dec. 643, 657 N.E.2d 988 (1995).
“The first line of cases … maintains that when a municipal employee is deciding whether and how to implement a program of maintenance and improvements, that employee is ‘determining policy’ and ‘exercising discretion’ as required by section 2–201. [citations omitted] But once the employee is carrying out that maintenance or improvement program, the employee's actions are ministerial and do not give rise to discretionary immunity.” Gustein v. City of Evanston, 402 Ill.App.3d 610, 623; 929 N.E.2d 680, 693 (1 Dist. 2010). 745 ILCS § 10/2/210 (Negligent misrepresentation; provision of information): “A public employee acting in the scope of his employment is not liable for an injury caused by his negligent misrepresentation or the provision of information either orally, in writing, by computer or any other electronic transmission, or in a book or other form of library material.”
Statute (Indiana): “A governmental entity or an employee acting within the scope of the employee’s employment is not liable if a loss results from the following: The performance of a discretionary function.” Indiana Code § 34-13-3-3(7) (Immunity of governmental entity or employee). “[T]he general purpose of ITCA’s [Indiana Tort Claims Act ]immunity provisions is to permit public employees to exercise the independent judgment necessary to carry out their duties without the threat of harassment by litigation or threats of litigation over decisions made in the scope of their employment. Waldrip v. Waldrip, 976 N.E.2d 102, 117 (Ind. App., 2012). Indiana applies the planning/operational standard of public functions. “In determining whether governmental acts are discretionary, Indiana applies the ‘planning-operational’ standard. Planning functions are discretionary and are therefore shielded by immunity, while operational functions are not. Planning functions involve the formulation of basic policy characterized by official judgment, discretion, weighing of alternatives, and public policy choices. Operational functions are characterized by the execution or implementation of previously formulated policy.” Lake County Juvenile Court v. Swanson, 671 N.E.2d 429, 439 (Ind. App., 1996) (citations omitted).
“An exculpatory agreement constitutes an express assumption of risk wherein one party consents to relieve another party of a particular obligation.” Platt v. Gateway International Motorsports Corp., 351 Ill.App.3d 326, 330, 813 N.E.2d 279,283 (2005) (citation omitted).
“[W]hile the majority rule is that parents may not bind their children to preinjury liability waivers, many states recognize an exception to this rule where the liability waiver is in the context of nonprofit activities sponsored by, for example, schools, volunteers, or community organizations; and it has been noted that the only published decisions from other jurisdictions that have bound children to preinjury releases executed by a parent or guardian on the child’s behalf have done so in the context of a minor's participation in school-run or community-sponsored activities.” George L. Blum, Release or Compromise or Waiver by Parent of Cause of Action for Injuries to Child as Affecting Right of Child, 75 A.L.R.6th 1 (Originally published in 2012) (no pagination in Westlaw, updated weekly).
“[I]ndemnity agreements are ‘closely akin’ to releases… although there is a distinction in definition between exculpatory clauses and indemnity clauses, in these settings they both attempt to shift ultimate responsibility for negligence and so are generally construed by the same principles of law. An exculpatory clause purports to deny an injured party the right to recover damages from the person negligently causing the injury. An indemnification clause attempts to shift responsibility for the payment of damages to someone other than the negligent party, usually back to the injured party, thus likely producing the same result as an exculpatory clause.” Scott By and Through Scott v. Pacific West Mountain Resort, 119 Wash.2d 484, 491, 834 P.2d 6, 10 (Wash., 1992) (citation omitted).
(1) who bears responsibility for the costs of maintenance and repairs, (2) insurance and liability, (3) staffing and communications, and (4) conflict resolution