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Leila Liberman Assignment 3 Compare and Contrast DETT611 March 2013

Compare and Contrast Scenarios

The two scenarios chosen to compare and contrast are:

1. A staff member scans photographs from some out-of-print books for use by a professor on his course web site for an online course. 2. A history professor digitizes some pages from a relatives diary about his experiences during the Vietnam conflict. She puts the material on her Universitys passwordprotected course site.

Comparison:

Both took printed material and made it digital Both plan to use the information for educational purposes Neither say if they had permission to digitize and disperse the information

Both situations must be analyzed based on the fair use exception on copied materials for educational purposes according to 107 Limitations on exclusive rights. In both the above saturations, fair use this is considered legal. The fair use section specifies that as long as the use of the digitized photographs is being used without any commercial advantages and not for profit an educator may use this format. The information can be used legally if the original is readily available to the public. In September 1975 there were amendments made to the 1967 Law that provides educators allowances to copy materials that have a copyright on them. The educator may only make enough copies per
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Leila Liberman Assignment 3 Compare and Contrast DETT611 March 2013

students enrolled in the class and it must have the copyright information included from the original source. As long as the copies are being used for private study, scholarship or research the professor is not in risk of violating the copyright laws of the United States, title 17, United States Code.

Contrast:

Do not know if both are password protected One document is previously copyrighted and the other is not

In scenario 2 the professor using a password to protect the documents limits access to documents keeping it accessible to the online classroom only whereas scenario 1 states nothing on the use of a password for the copied materials. According to Stanford University Frequently Asked Question (FAQ) document, permission must be obtained prior to a document being published or disseminated and this permission should be in written form. We do not know if the author of the diary is alive or not and who in fact owns the diary-this needs to be established prior to publishing. The FAQ addresses the use of digitized photos for scholarly works and not using more than five images by the same artist or photographer. When digitizing photographs from a published work, one may use no more than 10% or 15 images, whichever is less.

References

Copyright and fair use overview section (Nolo, 2012). Retrieved from http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html

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Leila Liberman Assignment 3 Compare and Contrast DETT611 March 2013

Retrieved from agency on U.S. Copyright law. Subject matter and scope of copyright, section 107 http://www.copyright.gov/title17/92chap1.pdf

U.S. Copyright office, Library of Congress Circular 21. Reproduction of copyrighted works by educators and librarians (pdf document) Retrieved from http://www.copyright.gov/circs/circ21.pdf

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