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Caveon Webinar Series: Protecting Tests Using Copyright Law
The document highlights upcoming Caveon events and webinars focused on test security and copyright protection. It addresses the threats posed by braindump websites that compromise test integrity and provides guidance on copyright law, enforcement, and the importance of building professional relationships in combating test security irregularities. Additionally, it discusses the nuances of copyright ownership, registration, and enforcement, emphasizing the need for proactive measures against infringement.
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Caveon Webinar Series: Protecting Tests Using Copyright Law
- 1. Upcoming Caveon Events •NCSA – June 19-21 National Harbor, MD – Dr. John Fremer is co-presenting Preventing, Detecting, and Investigating Test Security Irregularities: A Comprehensive Guidebook On Test Security For States – Visit the Caveon booth. • Caveon Webinar Series: Next session, July 17 - Test Security Lessons from the National Conference on Student Assessment • Caveon Security Minute, Now Available! Check it out at http://www.caveon.com/resources/caveon-in-the-news/.
- 2. Latest Publications • Handbookof Test Security – Now available for purchase! • TILSA Guidebook for State Assessment Directors on Data Forensics – coming this month!
- 3. Caveon Online • CaveonSecurity Insights Blog – http://www.caveon.com/blog/ • twitter – Follow @Caveon • LinkedIn – Caveon Company Page – ―Caveon Test Security‖ Group • Please contribute! • Facebook – Will you be our ―friend?‖ – ―Like‖ us! www.caveon.com
- 4. “Protecting Your TestsUsing Copyright Law” Caveon Webinar Series: Cary Straw Senior Web Patrol Security Analyst Caveon Test Security Kenneth E. Horton Associate Professor, IP Strategy Gore School of Business Westminster College June 19, 2013
- 5. The Real Threatto your Tests “An internet search of free braindump sites was conducted and “at least part of the item bank was found to be compromised as early as 3 weeks after the live release and almost entirely exposed, with great accuracy, after 8 months.”
- 6. Intentional Theft andBlatant Infringement There are 1000’s of websites that steal your test questions and sell them for profit. And, it only gets worse… these websites are very incestuous.
- 7. Dumps4exam.com Dumps4paper.com Dumps4papers.com Dumps4test.com Examcram.me Examnotes.me Exampapers.me Examquestions.biz Examsdumps.com Examsheets.me Examsheetscram.biz Examsheetscram.com Examsheetscram.net Examsheetscram.org Freeexamking.com Itexamsking.com Itexamsking.org ITtestssamples.com Paperscollection.com Pass4sure.me Pass4surecram.biz Pass4surecram.com Pass4surecram.net Pass4surecram.org Passforsure.me Prepcram.com Prepdumps.biz Prepdumps.com Prepdumps.org Prepquestions.com ITSOLEXPERT.COM Actualdump.com Actualprep.com Actualtests.me Actualtestscram.biz Actualtestscram.com Actualtestscram.net Actualtestscram.net Actualtestscram.org Beitcerti ed.com Beitcerti ed.net Braindumps.me Braindumpscram.biz Braindumpscram.com Braindumpscram.net Braindumpscram.org Questions4exam.com Realexams.me Realexamscram.biz Realexamscram.com Realexamscram.net Selftestsoftware.me Testkiller.me Testking.me Testkingcram.biz Testkingcram.com Testkingcram.net Testkingcram.org Testpapers.me Testquestions.biz Transcender.me Questionsbible.com Questionsking.com Sanwu.onsugar.com Studyguidebible.com Testprepbible.com Vcecollection.com Dumpsking.com Exam-bible.com Exam4collection.com Exambible.com Exambible.de Exambible.org EXAMBIBLE.COM exambible1.over-blog.com exambible123.over-blog.com blog.libero.it abb41.over-blog.com ebb41.over-blog.com eab41.over-blog.com blog.dnevnik.hr kein41.skyrock.com muchmoney5.blogv2.com hotexam.over-blog.com yingzh.zoomshare.com ciscoexam.zoomshare.com uab41.over-blog.com esciencenews.com huahua11.skyrock.com xiaocisco.blog.com xiutao11.blog.com bar08.blogdetik.com exambible01.bloggum.com shehim.skyrock.com blogsdelagente.com my.opera.com qazwsx11.skyrock.com mollie1974.eklablog.com en.netlog.com blogtalkradio.com bloghotel.org Aboutdumps.com Braindumps-king.com Braindumpsbible.com Braindumpsbible.org Comptiapractice.com Dumpskey.com Hidumps.com Pass4dumps.net Pass4dumps.org Pdf4dumps.com Practicetestbible.com Practicetestkey.com BRAINDUMP FAMILY TREE
- 8. Not all instancesof Copyright Infringement are intentional • Homework Help Sites • Project and Freelancers • Forums • Auction Sites – eBay, Craigslist • Facebook
- 9. Excerpt from anactual Terms of Use Agreement ―You are not allowed to and agree not to use any of the solutions, answers, materials or information available on or through the website, whether in whole or part, to cheat. Examples include: • Submitting any textbook solutions from the Website as your own to any class… • Any other violation of your instructor's or school's academic honor code….‖
- 10. Create Allies andWork as a Team • Start warm and friendly • Build relationships with forum owners • Send a Bystander • Send Cease and Desist Letter • Do not seek revenge, Stay professional
- 11. Protecting Your TestsUsing Copyright Law Kenneth E. Horton Associate Professor, IP Strategy Gore School of Business Westminster College Salt Lake City, Utah
- 12. Questions Answered • Whatis a copyright? • What materials can be protected? • What rights are granted from a copyright? • How do I get, maintain and protect a copyright? • How do I enforce my rights?
- 13. Copyrights Subject Matter • Author’soriginal expression of idea in tangible medium of expression (e.g., drawings, musical scores, sculptures, software code, etc.).
- 14. Copyrights Categories of Works •Broadly interpreted, but specifically includes – Literary Works – Musical Works – Dramatic Works – Pictorial, Graphic and Sculptural Works – Audiovisual Works
- 15. Copyrights Categories of Works –Compilation -- Work formed by selection, assembly, and arrangement of pre-existing materials, facts, or data. – Collective Work -- A work in which a number of contributions, constituting separate and independent works, whether or not in the public domain, are collected. – Derivative Work -- Work based upon one or more pre-existing works.
- 16. Copyrights Originality • Copyright subsistsonly in original works of authorship. • Originality liberally interpreted -- Work need only originate from author and not copied from another’s work. – Even if identical work, entitled to copyright protection as long as it was independently created. – The work need not have literary or artistic value or quality (subjective standard avoided).
- 17. Copyrights Ideas versus Expression •Ideas are not copyrightable. • Expression of ideas is copyrightable. • Rationale: Copyright laws will not give monopoly on ideas/scientific principles which could impair cultural or scientific development.
- 18. Copyrights Facts and Data •Facts (historical or contemporary news) and data (calculations) are not copyrightable. However, the manner of reporting the facts and the selection and arrangement of data are protectable. • Rationale: To be protectable, a work must be original (i.e., originate in author). The discoverer of facts or data merely finds and records, but does not create.
- 19. Copyrights Tangible Medium ofExpression • Work must be fixed in a tangible form which is sufficiently stable and permanent to permit the work to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
- 20. Copyrights Subject Matter • NotProtected is – Symbols, designs, ornamentation, …(generally things that can be trademarked) – Ideas, procedures, … (generally things that are patentable) – Facts/data (as described above)
- 21. Copyrights Length • Life ofAuthor + 70 years • Critical Information when term of copyright starts – When created – When published • Transition date: 1/1/78
- 22. Copyrights Rights Granted • Dependson type or work, but specifically includes: – Reproduction Right-- reproduce copyrighted work in virtually all mediums of expression. – Distribution Right -- distribute reproductions of the work by sale, lease, loan, etc. – Performance Right – right to perform work publicly – Display Right – right to display work publicly
- 23. Copyrights Rights Granted: Limitations •Fair Use, but not commercial use, for – Criticism – News reporting – Teaching – Scholarship – Research
- 24. Copyrights Ownership • General Rule-- Initial copyright vests in creator/author(s). • One claiming copyright must either be creator/author or owner by assignment. • Owner v. possessor
- 25. Copyrights Ownership (continued) • JointWorks -- Work created by two or more persons, each having equal, undivided interest in work. • Work Made for Hire -- The employer or commissioning party is considered the author provided this is made clear to the author.
- 26. Copyrights Acquisition • Acquired automaticallyon creation • Tangible medium depends on the type of work • No publication or registration is required, but can be advantageous
- 27. Copyright Publication • Publication: Tangiblecopies of work sold, leased, given away or otherwise made available to general public. • Publication previously—but no longer— required for obtaining federal copyright – Advantages remain though for publishing your work
- 28. Copyrights Notice of Publication •Optional • Place all published works to avoid certain defenses to infringement • Three elements – Symbol ―©‖, ―(C)‖,‖COPR.‖ or ―COPYRIGHT‖; – Year the work was first published; and – Name of copyright owner.
- 29. Copyrights Registration • Optional • Statutoryadvantages – Presumption of ownership – Statutory damages (up to $30,000 per infringing act) • Prerequisite to filing suit against alleged infringer • Recommendation -- Register within 3 months of first publication to preserve all rights
- 30. Copyrights Registration • Filing Requirements –Application – Deposit – Fee • Examination only considers – Originality – ―fixed‖ – Proper subject matter
- 31. Copyrights Enforcement • Elements ofInfringement – Establish ownership – Proof of Copying • Direct v. Indirect Proof • Indirect Proof of Copying – Access – Substantial Similarity – Sliding Scale
- 32. Copyrights Enforcement • Remedies – Injunctions –Impounding of Copies – $$$$$$$$$ • Actual • Statutory: 0.75 to 30K per act of infringement, at the discretion of the Court – Increased damages (i.e., willful infringement)
- 33. Copyrights Enforcement • Criminal Offenses:becoming more important tool with online piracy • Indirect Infringement – Right and ability to control infringer’s acts – Receives a financial benefit from the infringement – Knowledge is not necessary
- 34. Copyrights DMCA • DMCA: providessafe harbors for online content providers if they: – Store material at request of user; – Are merely Referring users to online locations where material is located; or – Only store the infringing material by system caching. – In other words, they are intermediary and store material while serving as a conduit. – Modifications proposed (but not enacted) in 2011/2012 to give more power to copyright owners
- 35. Copyrights Internet • Eligibility forDMCA – Adopt, implement, and inform its subscribers of policy for terminating repeat infringers. – Must accommodate and not interfere with "standard" measures to identify and protect copyrighted works. – Need NOT monitor or affirmatively seek out copyright infringement , except as part of the standard technical measures. – Need NOT have to access, remove, or block material if such action is prohibited by law.
- 36. DMCA Take DownNotice 1. Identify copyrighted work(s). 2. Identify infringing material with sufficient detail. 3. Sufficient Contact Information 4. Certify copyright owner or agent. 5. Find and send notification to the service provider (if needed by ―Whois‖ search).
- 37. Copyrights International Considerations • Protectionlimited to each country • Enforcement also limited to each country • Seeking protection becomes a matter of cost v. benefit analysis • Enforcing rights also becomes a cost v. benefit analysis
- 38. Copyrights Take Aways • Legalavenues are limited because of logistics and cost. • Ask nicely first, then ask nicely • When possible, form a cooperative relationship • When not, hit hard and hit fast (to keep material out of circulation)
- 39. Options for Deliveryof Notification • DMCA – Digital Millennium Copyright Act • Bystander Letter
- 40. Removal Success using Bystander/DMCANotifications
- 41. Final Thoughts • Monitorthe web for evidence of potential infringement • Infringement may be found on braindump sites, portals, forums as well as typical websites • Attempt to build friendly relationships with site and forum operators • Support further necessary investigation with the appropriate takedown notifications
- 42. THANK YOU! - FollowCaveon on twitter @caveon - Check out our blog www.caveon.com/blog - LinkedIn Group ―Caveon Test Security‖ Cary Straw Senior Web Patrol Security Analyst Caveon Test Security Kenneth E. Horton Associate Professor, IP Strategy Gore School of Business Westminster College
Editor's Notes
- #42 If evidence of copyright infringement exists it is vital to fully investigate and address all aspects of infringement in order to make website owners aware of illegal activity and have content removed.