LIBR 281-03
LIBR 281-12
Seminar in Contemporary Issues
Topic: Digital Copyright
Fall 2010 Greensheet

M. Minow
E-mail
Phone: 408-366-0123

ANGEL Information: This course uses ANGEL and ELLUMINATE. Students may enroll at the ANGEL site on Aug 25. Students will obtain an access enrollment code via a message sent by the instructor through My.SJSU. The class runs from Aug. 25 to December 9.

Elluminate sessions are Monday evenings 8:00 p.m. to 9:00 p.m.

• August 30
• Sept 13
• Sept 27
• Oct 25
• Nov 8

Course Description

This course examines digital copyright by giving students a legal and policy framework to evaluate the myriad of copyright scenarios libraries face today. Copyright issues permeate daily tasks, from web site design to book scanning projects to online reference. To participate in the active debate about fair use, digital rights management systems, e-reserve systems and the like, librarians need to be well versed in both the basics of copyright law and the latest developments by regulation, legislation and court decisions.

Course Prerequisites: LIBR 200, 202, 204 required.

Course Objectives

Student Learning Outcomes

• ability to register a copyright with the U.S. Copyright Office
• ability to apply a flow-chart to a wide range of copyright issues libraries face
• facility with tools to determine copyright status of a work
• specific knowledge of U.S. library copyright exception, 17 U.S.C. Sect. 108
• ability to make a good faith Fair Use copyright analysis in multiple scenarios
• familiarity with seeking permission, particularly through the Copyright Clearance Center
• ability to search LEXIS for copyright related questions

List student learning outcomes for this course. Make sure your student learning outcomes are measurable; and connect to the assignments for the class.

LIBR 281 supports the following MLIS Core Competencies:

• C. recognize the social, cultural and economic dimensions of information use
• E. design, query and evaluate information retrieval systems
• M. demonstrate oral and written communication skills necessary for group work, collaborations and professional level presentations

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Course Requirements

Assignments
Subject to change with fair notice

Course Grading
In order to provide consistent guidelines for the assessment of graduate level work, these terms are applied to letter grades:

• C represents adequate work; a grade of "C" counts for credit for the course
• B represents good work; a grade of "B" clearly meets the standards for graduate level work
• A represents exceptional work; a grade of "A" will be assigned for outstanding work only

Students are advised that it is their responsibility to maintain a Grade Point Averate (GPA) of 3.0.

Penalty for Late Work
Assignments turned in late (unless excused) are subject to a 5% point penalty per day late.

Course Calendar

Please note that the course calendar is "subject to change with fair notice" All assignments due by midnight of the day listed.

Week 1: Aug 25 - 31 Patents and Trademarks and Copyrights, Oh My!

• Monday August 30 8pm - Elluminate classroom – Intellectual Property Overview
• Objective: Students should be able to distinguish the chief characteristics of the four main types of intellectual property.
  
  This week we look at the BIG PICTURE. Copyright is only one way to control intellectual property. Moreover, copyright is only one way to control content. Put on your hat as a content owner, and figure out the different ways you can try to keep control of your works.
• Assignment 1: Big Picture assignment.  Due August 31 (midnight).  10 points
• Reading:
  • *Nolo.com Patents, Copyright & Art pages - http://tinyurl.com/5rhsq 
    Read the main topics listed on Patents, Copyright, Trademarks and Trade Secrets
  • *17 U.S.C. §504(c) PENALTIES FOR COPYRIGHT INFRINGEMENT (in Crews, p. 122)
    Browse: Chillingeffects.org - just get a sense of what this resource has to offer. It's a great place to go if you receive a cease & desist letter, or better yet, look here before you get one. View live c & d letters on the right side of the page – distinguish between c & d letters for copyright, trademark, domain name and other claims of infringement.
  • Optional: The chillingeffects FAQs on Copyright, Trademarks, Patents, and Trade Secrets are quite good.  

Week 2: Sept 1 - 7  Is this work copyrighted or is it in the public domain?

• Objective: Students will gain facility with tools to determine the copyright status of a work.  Students will begin to use a flowchart to approach copyright problems facing libraries.
  
  Also known as the “Mickey Mouse” Act, the passage of the Copyright Term Extension Act in 1998 added twenty years to the term of copyright. How long are copyrights valid today? What does this mean for the public domain? 
• Assignment 2: Determine the ownership and copyright status of items given in class. Are they still in copyright? Due Sept 7.  10 points
• Reading:
  • *Berkman Module 1: Copyright and the Public Domain
  • *Hirtle. Copyright Term and the Public Domain in the United States http://www.copyright.cornell.edu/resources/publicdomain.cfm

Week 3: Sept 8 – 14 What can be copyrighted, and what does copyright protect?

• Monday Sept 13 8 pm Elluminate classroom on using LEXIS
• Objective: Students will learn the scope of copyright protection.
  
  Many people overestimate and underestimate the scope of copyright. Some think that copyright can protect their ideas. Some think they need to file with the Copyright Office to get protection. Both of these are misconceptions. This week, we'll clear up exactly what can be copyrighted and what that copyright protects.
• Assignment 3: Register a copyright with the U.S. Copyright Office for a work you created (any format – website, blog, article, music, art etc.)  Optional: Pay the fee and follow through with the application. Due Sept 14.  10 points
• Reading
  • *Berkman Module 3: The Scope of Copyright Law
  • *eCO Online System (read Tips, FAQs and Tutorial) http://www.copyright.gov/eco/ 
    17 U.S.C. Sect. 106

Week 4: Sept 15 – 21 Using LEXIS to research copyright

• Objective: Students will learn how to search LEXIS for copyright related questions.
  
  LEXIS has the copyright code, court cases, and secondary legal sources that can help you with your final paper or project. 
• Assignment 4: Answer questions using LEXIS to find articles and cases concerning copyright. Due Sept. 20. 10 points

Week 5: Sept 22 – 28 The HOT STUFF: Section 108, The Library Exception (Learn this, if nothing else!)

• Sept 27 8 pm Elluminate classroom on users rights in copyright law
• Objective: Students will gain specific knowledge of U.S. library copyright exception, 17 U.S.C. Sect. 108 as well as familiarity with Section 110 (1) and (2).
  
  Section 108 is the basis of much of what we do in the library world. It sets forth the gospel on how and when we can make legal copies for digital preservation replacement, interlibrary loan, as well as absolving us from liability when patrons use our equipment to make dubious downloads and copies. That is, provided we comply with the terms and conditions of Section 108. This section should be at the bedside of every library school graduate.
• Assignment 5: Answer questions on libraries and other users’ rights. Due Sept 28.  10 points
• Reading:
  • *Berkman Module 4: Exceptions and Limitations
  • *17 U.S.C. Sect. 108
  • *17 U.S.C. Sect. 110(1) and (2)

Week 6: Sept 29 – Oct 5 It gets even hotter: Section 108

• Objective:  Students will get up to date on the current status of Section 108, which may be undergoing revision.
• Final Assignment – Topic due Oct 5. Include a short outline with at least three subtopics you will discuss. Worth 2 of the Final Paper’s 20 points.   2 points
• Reading:
  
  • Library of Congress Section 108 Study Group. Read the home page www.loc.gov/section108
  • Specific reading assignments and discussion topics will be made in class.
  • Optional: U.S. Copyright Office. Circular 21. Reproduction of Copyrighted Works by Educators and Librarians (find this at U.S. Copyright Office website).

Week 7: Oct 6 -12  FAIR USE – OKAY, LEARN THIS TOO, IF NOTHING ELSE

• Objective: Students will learn how to make a good faith Fair Use copyright analysis in multiple scenarios.
  
  Google book search, your own personal copying, storytimes and book jacket scans all depend on generous interpretations of fair use. What is fair use, and how is it determined? 
• Assignment 6: Answer questions about Fair Use. Due Oct 12. 10 points
  
  Additionally, use the discussion board to describe a library scenario that might qualify for Fair Use. 
• Reading
  
  • Mary Minow, “How I Learned to Love FAIR USE..” at http://fairuse.stanford.edu/commentary)and)anlaysis/2003_07_minow.html 
  • Stanford tools and charts – Fair Use http://fairuse.stanford.edu/charts_tools/ 

Week 8: Oct 13 -19 MORE FAIR USE

• Now it’s time to turn into a juror and vote on your classmates’ fair use scenarios. Use the discussion board to vote. Explain why you voted the way you did.
• Reading:
  • *Jury Instruction. Fair Use defense http://www.nmrls.org/digitalcommonwealth/juryinstructions.doc   
  • *American Library Association. Fair Use and Electronic Reserves http://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicreserves/index.cfm 
  • *Georgia State e-reserve case (reading to be assigned)

Week 9: Oct 20 – 26 Licenses and managing rights

• Oct 25 8 pm Elluminate classroom on licenses including creative commons 
• Objective: Students will gain familiarity with seeking permission, particularly through the Copyright Clearance Center.
• Assignment 7: Use the Copyright Clearance Center (CCC) to check pricing and availability of specific items. Answer questions about permission and licensing of materials. Due Oct. 26. 10 points
• Reading:
  
  • *Berkman Module 5: Managing Rights
  • *Google’s Books Rights Registry (reading to be assigned) 

Week 10: Oct 27 – Nov 2 Creative approaches and alternatives 

• Objective: Students will be exposed to a broad range of current approaches to creatively handling content.
• Assignment 8: Put a creative commons license on something you’ve created that is online. Make sure it has the creative commons “code” so that it will show up in user searches. For example, Firefox browser has a creative commons plug-in that makes it easy and fun to search for cc-licensed content. Go to http://creatiecommons.org/license/ to create the license.   Due Nov 2. 10 points
• Reading:
  
  • *Berkman Module 6: Creative Approaches and Alternatives
  • *Creative commons FAQ http://wiki.creativecommons.org/FAQ 

Week 11: Nov 3 – 9 Enforcement (Maybe you should have read this first!)

• Objective: Students will learn the penalties for copyright infringement.
• Nov 8 8 pm Elluminate classroom
• Reading:
  
  • *Berkman Module 7: Enforcement
  • 17 U.S.C. Sect. 504(c)

Week 12: Nov 10 – 16 Traditional knowledge

• Objective: Students will consider the impact of copyright regimes on traditional knowledge.
• Final Assignment – Rough draft due to small group. Get this in on time and get 3 of the Final Paper’s 20 points. Due Nov. 10.  3 points
• Reading:
  • *Berkman Module 8: Traditional Knowledge

Week 13: Nov 17 – 23 The International Framework

• Objective: Students should be exposed to an international context when considering copyright issues.
• Final Assignment – Read and comment on two papers in your small group. Get your thoughtful comments done on time and get 3 of the Final Paper’s 20 points. Due Nov 18.  3 points
• Reading:
  
  • *Berkman Module 2: The International Framework
  • Hirtle chart – see section “Outside the United States” 

Week 14: Nov 24 -30 Activism

• Objective: Students will become familiar with the interests and activist efforts on all sides of the copyright questions facing libraries today.
• Reading:
  • *Berkman Module 9: Activism
  • *Stanford Copyright & Fair Use http://fairuse.stanford.edu see esp. legislation tab

Week 15: Dec 1 – 7 Putting it all together

• Assignment: Final Paper or Project 10-15 pages. You should already have up to 8 points of the 20 points nailed down.  Due Dec. 3.  Remaining points for Final Paper: 12 points
• Objective: Students will have fuller understanding of flow-chart to use when faced with a wide range of copyright issues libraries face.

Week 16: Dec 8 - 9 Mop up

• One last chance to ask questions!

Textbooks and Readings

The main text for this course is the Berkman Copyright for Librarians course, available at http://cyber.law.harvard.edu/copyrightforlibrarians/Main_Page

Students will be reading at the graduate level of this course, Level 4.  Read each module and all of the documents marked in the module with red and green links.  Students are welcome to read the blue links as optional assignments.

No Textbooks For This Course

Grading Scale

The standard SJSU School of Information Grading Scale is utilized for all iSchool courses:

In order to provide consistent guidelines for assessment for graduate level work in the School, these terms are applied to letter grades:

• C represents Adequate work; a grade of "C" counts for credit for the course;
• B represents Good work; a grade of "B" clearly meets the standards for graduate level work;
  For core courses in the MLIS program (not MARA) — INFO 200, INFO 202, INFO 204 — the iSchool requires that students earn a B in the course. If the grade is less than B (B- or lower) after the first attempt you will be placed on administrative probation.  You must repeat the class the following semester. If -on the second attempt- you do not pass the class with a grade of B or better (not B- but B) you will be disqualified.
  
• A represents Exceptional work; a grade of "A" will be assigned for outstanding work only.

Students are advised that it is their responsibility to maintain a 3.0 Grade Point Average (GPA).

University Policies

General Expectations, Rights and Responsibilities of the Student

As members of the academic community, students accept both the rights and responsibilities incumbent upon all members of the institution. Students are encouraged to familiarize themselves with SJSU's policies and practices pertaining to the procedures to follow if and when questions or concerns about a class arises. See University Policy S90-5 at http://www.sjsu.edu/senate/docs/S90-5.pdf. More detailed information on a variety of related topics is available in the SJSU catalog at http://info.sjsu.edu/web-dbgen/catalog/departments/LIS.html. In general, it is recommended that students begin by seeking clarification or discussing concerns with their instructor. If such conversation is not possible, or if it does not serve to address the issue, it is recommended that the student contact the Department Chair as a next step.

Dropping and Adding

Students are responsible for understanding the policies and procedures about add/drop, grade forgiveness, etc. Refer to the current semester's Catalog Policies section at http://info.sjsu.edu/static/catalog/policies.html. Add/drop deadlines can be found on the current academic year calendars document on the Academic Calendars webpage at http://www.sjsu.edu/provost/services/academic_calendars/. The Late Drop Policy is available at http://www.sjsu.edu/aars/policies/latedrops/policy/. Students should be aware of the current deadlines and penalties for dropping classes.

Information about the latest changes and news is available at the Advising Hub at http://www.sjsu.edu/advising/.

Consent for Recording of Class and Public Sharing of Instructor Material

University Policy S12-7, http://www.sjsu.edu/senate/docs/S12-7.pdf, requires students to obtain instructor's permission to record the course and the following items to be included in the syllabus:

• "Common courtesy and professional behavior dictate that you notify someone when you are recording him/her. You must obtain the instructor's permission to make audio or video recordings in this class. Such permission allows the recordings to be used for your private, study purposes only. The recordings are the intellectual property of the instructor; you have not been given any rights to reproduce or distribute the material."
  • It is suggested that the syllabus include the instructor's process for granting permission, whether in writing or orally and whether for the whole semester or on a class by class basis.
  • In classes where active participation of students or guests may be on the recording, permission of those students or guests should be obtained as well.
• "Course material developed by the instructor is the intellectual property of the instructor and cannot be shared publicly without his/her approval. You may not publicly share or upload instructor generated material for this course such as exam questions, lecture notes, or homework solutions without instructor consent."

Academic integrity

Your commitment, as a student, to learning is evidenced by your enrollment at San Jose State University. The University Academic Integrity Policy F15-7 at http://www.sjsu.edu/senate/docs/F15-7.pdf requires you to be honest in all your academic course work. Faculty members are required to report all infractions to the office of Student Conduct and Ethical Development. The Student Conduct and Ethical Development website is available at http://www.sjsu.edu/studentconduct/.

Campus Policy in Compliance with the American Disabilities Act

If you need course adaptations or accommodations because of a disability, or if you need to make special arrangements in case the building must be evacuated, please make an appointment with me as soon as possible, or see me during office hours. Presidential Directive 97-03 at http://www.sjsu.edu/president/docs/directives/PD_1997-03.pdf requires that students with disabilities requesting accommodations must register with the Accessible Education Center (AEC) at http://www.sjsu.edu/aec to establish a record of their disability.

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