contract remuneration

I want to note that
Rulings in favor of Copyright violation includes remuneration for plaintiffs attorneys' fees, but a finding of breach of contract does not.

Linking Issues

Whether or not linking to any public webpage is legal is a burning issue in my mind, mainly because it seems such an easy safe harbor. Alas, it may not be.

Brad Templeton's thoughts on Linking Rights
- I agree with his contention that linking to legal material is always legal except when the site expressly forbids it, in which case it would still be legal to publish the web address without a link.

-linking to material you know or have reason to believe is illegal is not legal

Canadian supreme court ruling on linking story

Music is Highly Creative

Is there anyone who questions whether a piece of music is a creative work? I have yet to meet one, YET in matters of fair use, most people and sources of information on the subject call music a non-dramatic entity - in other words: it favors fair use for factor 2.

The meaning of "dramatic" from non-dramatic, fiction from non-fiction is part of the problem. The word dramatic for many people infers theatrical, but this is not the intent in the law.
This quote from NOLO's website points to the meaning more clearly: "To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays."

Independent uploaders

If faculty are allowed (and encouraged) to load media such as video clips online themselves, what is the gatekeeping mechanism. Does a human gatekeeper need to watch the door?

Copyright issue of the Day 005

If I create a 3-4 minute video of photos taken by me of my students on the job sites, but I use a commercial song, am I violating copyright laws? My intention is to use the movie at marketing days to prospective students. It would not be publicly placed on our web page.

Notes from Webinar w/ Peggy Hoon 11/2/2011

NOTES from CIP Webinar with Peggy Hoon:
Copyright and Online Course Content

If you don't collect the work of others in your course, you may not be providing all the materials you should.

Attribution does not obviate copyright issues; later notes that proper attribution is IRRELEVANT in determining copyright infringement

Technology develops quickly, law develops slowly

K.I.M.: without copyright, the material may never have been available in the first place

Students hold the copyright to their works

Is any government work in public domain (state, city, etc.)?

DOCUMENT EVERYTHING

The phrase "distance education" is not helpful when discussing copyright (and appears nowhere in law); "transmission" is the word to use.

"Display" applies to A/V works, not text.

Pat_DeSalvo says, "Question regarding movies: Companies such as SWANK motion pictures provide the clearance to use full films in the classroom as well as streamed from their server into the college LMS. Do you find this acceptable?"
Claudia_Holland says, "However, why should a university pay for streaming rights when payment has already been made for PPR for individual films?"

Linking seems like a safe technique, but do you think it will continue to be?

cip1 says, "can a faculty member stream netflix or a NOVA program in the classroom if they've paid for it "

"Doesn't the DCMA stipulate that if (any) media is available in the digital/streaming format you would like, you MUST purchase that?"

Jan says, "So you're saying the UCLA license of PPR broke it out arbitrarily, but streaming was still a PPR. So if you have a license with PPR that doesn't break it out, you should be able to stream?" - AGAIN, is streaming public performance and/or a transmission?

If the filmmaker's intent is the same as a teacher's intent, then the teacher's intent (to transform) is irrelevant?

Copyright (actually, Trademark) issue of the day 989

Faculty member wants to use the catchy name "Telling Ain't Training" from the book of the same name, for her own training at the YC Winter Institute in December. The content of the training is her own, and she does not own and has not read the book.

The book is by Harold D. Stolovitch, who has a company that provides training:

Further, faculty member intends to record the training and make it available college employees on the internet.

RESPONSE:

I recommended contacting the author for permission, though I believe that he would deny it because the training's content was not even from the book, and would seem like a misrepresentation. It may also confuse those interested in attending who may believe there is a direct connection.

I would also not recommend putting the recording online with that title. 

DECISION

The name will be changed to "Training Ain't Just Telling".

Thanks to Mbyrnes' comment