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DMCA, TEACH, and Copyright in Higher Education

October 17, 2007

DMCA, TEACH, and Copyright in Higher Education

by Becky Albitz, Electronic Resources & Copyright Librarian, Penn State

Brief History of Copyright
Copyright are rights granted by U. S. Congress to an author or creator of an original work; does not require registration with the U. S. Copyright office, although registration has its benefits (to file an infringment suit and collect damages, for example). U. S. Constitution Article 1, Section 8; codified in the Copyright Act of 1976; updated in 1998 to take care of digital stuff and bring the U. S. in compliance with other countries’ treaties.

You can actually (as the public) can do a lot with copyrighted works, covered under Fair Use.

Doctrine of First Use (Section 109)
-permits you, as holder of a copyrighted work, to sell, lend, rent, or dispose of the physical manifestation of that copyrighted work without permission
-you do not own the copyright to the work, just the physical object
-does not apply to personal copies of computer programs and phonorecords

Doctrine of Fair Use (section 107)
-the stuff we do in higher education
-reserves in libraries falls under this category
-4 factors: 1) purpose and character of use, whehter such use is of a commercial or for nonprofit educational purposes; 2) published or unpublished (published weighted more); 3) amount and substantiality of the portion used (how much? CONFU was an attempt to prescribe, but not accepted by ALA); 4) actual market effect

Court Cases establishing Fair Use boundaries
1-Basic Books v. Kinko’s Graphics Corp (educational vs. for-profit use) (Supreme Court decision)
2- Sony v. Universal Studios (Betamax) and Newmark, et al. v. Turner, et al. — when can you make copies of movies and shows on TV; the technology became the issue. For personal use; were not available for sale.
3- Harper & Row v. Nation Enterprises (how much is too much?) Time to Heal, autobio by Gerald Ford. Time got first serial rights, but Nation published 400 words, the core of the work.
4-Ludlow Music v. JibJab (copyright infringement or parody?) -“This Land is Your Land” – Woody Guthrie’s estate sued; settled out of court; lawyers posted their letters online, parody was motive. Tune was actually in the publicd domain. Never got to court, and there was no settlement.

Permitted copying (libraries and archives) – section 108
ILL, individual patron use, preservation of unpublished works, replacement of damaged, lost, or stolen published works, or whose format is obsolete

There is a push to update this with, with the Section 108 Working Group; Librarian of Congress can accept or reject the report

Performance and display – Section 110
-big areas for problems in libraries – vido, dvds and films – are exempt from copying

When can you show a film
-in a regularly scheduled class
-in a classroom or similar place
-if tape off TV, can keep for 40 days
-has been updated under TEACH
-Movie Licensing, Inc. will sell licenses for showing commercial films

-essentially can’t show film in public places

DMCA
-passed in 1998, updated 1976 copyright law
-prohibits circumvention of technological protection measures
-prohibits alteration of info embedded in digital works (watermarks, e.g.)
-limits online service providers’ liability; someone at an institution has to be designated for take-down notices; have to take down material only

-more info: http://www.copyright.gov/legislation/dmca.pdf

-Exceptions to anti-circumvention prohibition: every 3 years, Librarian of Congress may make exceptions for certain classes of works; newest wrinkle: in 2006, permitted circumvention of copyright protection of a/v works included in the educational library of a college or university’s film or media studies dept. — media studies of film professors may circumvent — very specific; has to be listed as a film course; has caused a lot of problems; film industry did NOT like this exception, probably reason exception was kept so narrow

Bono Copyright Extension Act
-passed with DMCA; extended copyright from life of holder +50 years to 70 years before stuff goes into public domain
-extension challenged in the Supreme Court-Eldred vs. Ashcroft; Supreme Court refused to hear the course, because Congress has the sole right to change copyright

TEACH Act
-passed in 2002 to address concerns surrounding distance education not addressed inthe DMCA
-primarily makes changes to section 110
-institutions may choose to be TEACH Act compliant or not
-TEACH can be used along with fair use- neither is mutually exclusive

To be TEACH Act compliant
1-have to be a nonprofit accredited educational institution or a governmental agency
2-have a policy on use of copyrighted materials
3-provide accurate information to faculty, students and staff about copyright
4-your systems may not interfere with the technological controls for the materials you want to use
5-the materials you want to use must be specifically for students in your class
6-only those students in a class may access the material…
and lots more! (see PowerPoint)

If you do all this stuff, you can use copyrighted materials, print, audio, and video, without seeking permissions or paying fees, BUT TEACH Act is intended to justify use for distance learners, not to replace face-to-face classroom interaction and is NOT to be used as justification for electronic reserves.

Licensing and Copyright
-When you sign a license for an electronic resource, book, video, etc., you give up your copyrights.
-Contract law trumps copyright law
-Know your rights under copyright, and negotiate to have those rights reinstated in the contracts you negotiate!

Understanding the Problem Before You Solve it: Effective Resource-Based Assignments

October 16, 2007

Understanding the Problem Before You Solve it: Effective Resource-Based Assignments
Terry Mech, King’s College, Wilkes-Barre, PA

Terry began with the statement that Middle States is concerned with the teaching and learning experience. Terry next ‘assessed’ our assumptions about effective library assignments.

Osmosis – many faculty and students evidently believe they can learn by osmosis.

Full-time students spend about 16 hours a week, about 10% of their total time in a week. Many studies have shown that little learning takes place in class (including in our 50-minute one-shot sessions).

So how do students become info lit? He referenced a study called “Connecting the Dots” which found that a well-designed resource-based assignment increased student retention and learning and their sense of what they can accomplish.

Today’s students — no less intelligent than previous generations. However, they have diverse learning styles & preferences; are visual & kinesthetic learners; have a positive view of technology & their ability to use it.

Students of today —
need to see ‘big picture’ before disaggregating, expect customization & choices; low threshold for boredom; aliterate, read less; self-assured & self-focused; ‘prove it to me’ mentality; wants something in exchange; multi-taskers; take word of their peers over the word of the expert; hate busy work; responds well to ‘coaching’; like to know the payoff, don’t like getting frustrated; weak general knowledge & facts; impatient

Today’s students:
-Like structure & clarity
-Like immediate responses
-Like to solve problems
-Like to apply to ‘real situations’
-Like collaborative work
-Like to share what they know

35% of college students report large gaps in at least one area, and 86% report some gaps in at least one area. However, employers/instructors are more dissatisfied with high school’s skills prep; especially with students’ ability to read and understand complicated materials. So students are aware of shortcomings, but not of scope of their shortcomings.

Kolb Learning Style Inventory
4-stage learning cycle
-Concrete experience
-Active experimentation
-Reflective observation
-Abstract conceptualization

Students 70% are active learners 30% are passive learners
Faculty 46% are active learners 54% are passive learners

Scherdin 2002 studies show that librarians, like most faculty, are mostly introverts

Faculty socialization: faculty share a strong belief in education, yet most never really aspired to be college teachers. Many faculty by nature do not enjoy the social interaction central to teaching (Bess, 1982). Grad schools produce subject specialist not undergraduate teachers.

In past not as many students went to college; those that did, taught themselves to learn, but perhaps because more and more students are going to college.

Faculty view teaching as a very private act; don’t like “unwelcome intrusions.” Most are at the very least not totally comfortable with classroom teaching.

Higher Ed’s dark secrets:
– Despite our rhetoric about higher order learning, most faculty still focus on knowledge acquisition (Cashin & Downey, 1995).

Why give assignments?
-Students acquire and refine critical skills
–Reinforce lecture and other materials
-Preparation for future learning activities
-Assess what students have learned
-Apply previous learning in new situation
-Acquire the disciplines’ conventions
-Allow students to explore their interests
-Allow them to work at own pace
-Able to use resources not in the classroom
–Encourage independent learning & self-discipline
-Makes the best use of class time

Terry shared his handout, a trait analysis of effective assignments. He emphasized that learning objectives should reflect what you want them to be able to do and to learn. It’s important that faculty understand what assumptions they are making about students’ ability. Tell them what their evaluation criteria; have to know what hoops they are trying to hitting; a rubric is ideal – difficult to write well – however, it makes grading much easier.

Effective assignments break large projects down into smaller tasks; don’t waste students’ time.

VERY IMPORTANT: Many faculty teach the subject, not the student.

Active learning
We comprehend:
10% of what we hear or read, but almost 90% of what we do

Faculty dread
grading/evaluation, disappointment of worse work; nuisances of late/sloppy work; plagiarism

Librarians observe
students are not prepared; students do not understand assignment; students read into assignment or unsure how to proceed

Librarians wonder
what does it take to get a copy of the assignment; how much help do we give students before we send them back to the instructor; why are we hesitant to give instructors feedback on their assignments

Sample assignments, from Lynn Cameron
Worst: Term Paper: Write a 15 page paper due the final day of class
Best: Broken down by week, give instruction where to look for resources; how to cite; not necessarily a paper — could be an pamphlet; define terms (peer-reviewed, substantial); tell students what to consider (issues, for example); begins with the learning objective (Stoloff: ex: in order to write more effective literature reviews, students will read and evaluate reviews written by other students … to determine what makes an effective review.)

Suggestions for librarians
-give faculty feedback on assignments
-work with your teaching center
-focus on faculty who enjoy and talk about teaching
-search out innovative faculty
-remember that real change takes time

Lots of Q & A
Here’s a revolutionary idea: don’t do instruction without an assignment! Can do it nicely,
-do not despair

Innovative fauclty tendencies
-interdisciplinary
-internally focused research (what can I do locally)
-non-traditional background
-identify with the intutitional mission
-are older (more secure)
-enjoy teaching at all levels
-talk about teaching (Holland & Latiolais 2007)

Pop Quiz! Terry went over the T and F answers which examined our assumptions

Information Literacy Trends: Within the Virtual World of Second Life

October 15, 2007

Information Literacy Trends: Within the Virtual World of Second Life
Alexia Hudson, Penn State Great Valley/Donna Upshaw, Avatar Persona

What is Second Life?
An online, virtual 3-D multi-user, avatar-based “virtual world”developed by Linden Lab
More than 9.9 million ‘residents’ as of October 10, 2007
Membership is free; your avatar provides a catalyst for individuals to assume a “Second Life”
Alexia staffs the online virtual reference desk within Second Life

Why are people interested in Second Life?
It’s fun, first of all. Can do all sorts of things virtually; quadriplegics for instance can ‘fly’ in Second Life.

Second Life Demographics
~63% are between 25-44 years of age; avg. age is 33 (in adult grid)
~42% are women
-US constitutes about 26.5% of residents followed by Brazil, Japan, German, the UK, France and Italy (there is a translation device called ‘Babbler’ which doesn’t work in Japanese yet)

Type of info you have to give to register – name, credit card, has to be real name because of cultural norms which are tracked

Real Businesses & Educational Institutions
-Virtual Currency is called Linden Dollars, is exchanged for services & items in SL
-Current exchange rate $1 = $186 L
-Business Week featured first millionaire in Second Life in 2006
-Electric Sheep Company is one of the companies specializing in developing and managing virtual networks

Ed institutions using SL:
-Harvard Law School
-NYU
-Penn State, etc.

Penn State Second Life Pilot Project
–ETS (Ed Tech Services at PSU) purchased several virtual islands within SL (Penn State Isles)
–http://ets.tit.psu.edu/gaming/ – Penn State Educational Gaming Commons Blog
-Penn State began investigation in 2005
-They believe avatar based learning applications will become the ‘norm’ for the next generation of Penn State students

Second Life’s Connection to Librarianship and Info Lit
-at Penn State, have used in 2 courses:
Operations Management and Information Science Seminar, total of 43 students; built a virtual library for students

Trends
-Students & their employers identified the library as the place for info & instruction of Second Life
-Librarians gave students a space in Second Life to play with and learn aspects of SL
-Virtual Reference/Distance Ed: time in SL given course-related instruction, reference consultations, and providing resources (landmarks) to qualified SL locations for Research projects

It’s essentially a tool for distance education, only avatar-based. For example, a class will meet online in a room with avatars. There is more classroom interaction with avatars since it doesn’t require the bandwidth that webcasting does.

May need to add more RAM on computer to sustain gaming environment. Crashing computers is a fairly common occurrence.

The pilot courses using Second Life are synchronistic, not asynchronistic; students have to be there at the time the course meets.

Probably not appropriate for vision-impaired students because SL is so visually oriented.

Lots of questions from the audience; for many of us, this is a new concept and people are trying to ‘wrap their minds’ around Second Life.

Can be highly addictive in terms of time; do have to manage your time.

Is a highly monitored environment; ‘Big Brother is watching’ — socially inappropriate behavior is monitored and banned.

Learning Ecology
–can simulate a possible ‘real world’ business scenarios prior to implementation
–fostering a unique learning environments

Who and What Comes After the Millennials?

October 15, 2007

Who and What Comes After the Millennials?
College & Research Division Luncheon
Lee Rainie, Project Director, Pew Internet & American Life Project

Millennials = digital natives, born in 1989 and later. Haven’t had to learn to use technology, have always used it. Reviewed some important dates. Blogs came into their own in 1997, but really came into their own after 9/11 in 2001, and again in 2003 (with Howard Dean’s presidential campaign using blogspace). Folksonomies/tagging: many users, one item; one user, many items; many users, many items. Twitter – short form blogging; people can sub to your Twitter. (Technology staff at Penn State uses it!)

Lee showed us a video on YouTube on the power of the Web, by Prof. Mike Wesch at Kansas State University.
Five hallmarks of new digital ecosystem
1. Home media gadgets are ubiquitous
2. The Internet is the computer — people are using online applications. Broadband users have grown in numbers; they use the Internet different than dial-up users.
3. New gadgets allow people to enjoy media, gather info, and carry on communication anywhere. Wirelessness is its own adventure. 88% of college students have cell phones; 81% of college students own digital cameras. Think of it as a way of communicating with their friends.
4. Ordinary citizens have a chance to be publishers, movie makers, artists, song creators, and story tellers. Over half of online teens have a social network site, but more and more are putting up some privacy restrictions. Four out of 10 teens have created something online. Many teens are ‘tech support’ for their families. 33% of college students keep blogs as an online diary, for their friends. Much higher content creation rates for young people than for older folks.

But here’s the good news — the things that engaged students in past still engage them. They are not techno-snobs; they are actually quite compliant and willing to work with you in whatever way you want. You don’t have to move into their ecology totally.

Time spent with media, among 8-18 year-olds; almost 8.5 hours a day engaging in some form of media (including newspapers, magazines, and books) but packed into about 6.5 hours a day. How do they do that? Multitasking! Students live in a state of “continuous partial attention” which adds to their stress and distracts them from completing tasks well. (Linda Stone) Counterargument — you’re more efficient, using new info.

Millennials‘ relationship to information changes. Volume: long tail grows. Velocity — smart mobs shine. Valence — “Daily Me/Us” gets made. Kids are adept at screening out content that is not meaningful to them.

Millennials‘ learning experiences change. Boundary between education and entertainment breaks down. Experiential learning increases. Collaboration grows. Amateur experts arise. Just-in-time research becomes common. Cut-and-paste papers are more likely.

Students’ social world changes. Human ties are being built around looser, rather than denser network groupings. People have partial membership in multiple networks and rely less on permanent memberships in settled groups.

5. Everything will change even more in the future.
J-curve laws:
Computing power doubles every 18 months – Moore’s law
Storage power doubles ever 12 months
Communications power doubles every 2-3 years – Gilder’s law (Spectrum power)

New Internet is being built to accommodate new uses. Security online wasn’t an issue with original Net. New Web and new applications — voice recognition, touch (haptic) activities and new displays, search will continue to improve (collective intelligence is being used). Semantic web — Tim Berners-Lee’s new passion.

Where does this leave us? We’re in a metaphorical cloud or fog of data.
What’s coming after Millennials?

Metaverse Project – when so many people are online, there will be 4 hallmarks:
1) virtual worlds will be much more common
2) mirror worlds – e.g. Google Earth
3) Augmented reality – e.g. Smart door knob, more stuff will have more data
4) Life-logging – Nike and iPod link

Q & A
Net Neutrality issue of new Internet? Because Internet Pew is nonpartisan, they don’t actually have a position on this, but they are surveying the designers of the new Internet. Are asking them if Internet will remain as open as it is know. Suspects the community will be divided.

Launching a Redesign of your Library’s Web site? What do your users want?

October 15, 2007

Launching a Redesign of your Library’s Web site? What do your users want?
Bonnie Oldham, U of Scranton, Tina Hertel, Lehigh University

Part 1, Bonnie Oldham
Library Dean Charles Kratz had suggested getting input from users; got internal grant money and IRB approval for their focus groups.

Target groups
-faculty
-grad students
-traditional undergrads
-works study students
-distance learners
-students with disabilities

Very labor intensive — 900 letters, over 300 emails, about 26 users
Moderators: grad students in the School Counseling Program; focus groups held in library
Librarian had online interview with distance learners and students with disabilities

Results were audio-taped and transcribed by moderators

Key Themes:
1 – Ease of use
2 – Home page style issues
3 – User name and password
4 – Database access page

Followed up focus groups with Web usability testing. Observed participants completing a set of tasks using the Library’s Web site; used Camtasia Studio screen recorder. Was an amazing experience; many could not find the article to which they had a citation.

Redesign process
-librarians reviewed all input and then examined other Library Web sites to compile a list of desirable features
-committee met with official University PR committee
-when had a draft of page designed by professional designer, went back to users and surveyed about new page

First version; they liked fact that all the important links were on left side. Left some white space for important notices to users, e. g., a database down for maintenance.

Important feature was implementing single sign on for users; eliminated need to have remote user links. About six months after implementing page, got a tab on University portal page. Had just the links that were needed, not the bells and whistles.

Actual timeline was almost 2 years for new page to go live.

Part II, Tina Hertel
Accessible Web Design

Tina mentioned that students with disabilities are often not kept in mind when Web page is designed. She referred users to her handout with summaries of the law.

Ten Quick Tips from the Web Accessibility Initiative
1- Images & animation — Some folks do use text-only, turning off images. Make sure content is still available to them. Important to consider context, to make sure that context that picture conveys is not lost to this user. Can turn feature on in Dreamweaver to add ‘alt’ tag to provide more info. Tag does convey info to user what the image is, that is, a link or image. Always have an alt attribute when there is an image. Use an empty alt attribute if the image doesn’t contribute anything (like a spacer line); then screen reader won’t read it. But if you don’t have an alt attribute, and the screen reader will say there is an unknown image.

2 – Image maps – always use client-side image maps, NOT server-side image maps. If you’re scripting, that is server-side.

3- Multimedia

4 – Navigation – make sure Web page is keyboard accessible; tab key allows users to jump from link to link; enter key allows users to ‘click on a link’; mouse only options limit users. Drop-down images are problematic if you use Java script, be sure to use ‘on focus’ option. Annoying things for users are text like: click here, more, link, link to, go here, more — doesn’t give any info on where the link is going; provide context. Appearance: underline and color are standard conventions.

5 – Structure, content, organization – try to keep content separate from structure. CSS helps with this. It’s OK to use tables with screen readers; they’ve gotten smarter. Dreamweaver can distinguish if for layout or content purposes.

6- Graphs & charts – in alt attributes, convey what kind of info chart contains.

7 – Scripts, applets & plug-ins

8 – Frames – bad. Don’t use them. If you do use them, use appropriate titles, have no frames option, have alternate navigation options. Cascading Style Sheets take care of this.

9 – Tables – can use them. For complex tables, there are newer accessibility codes.

10 – Check your work and validate it. Bobby has been bought out; now called WebXACT. Plug in URL and check accessibility of page. Free online version will evaluate one page at a time.

Tina’s favorite pages for accessibility (from her handout) are Web Accessibility in Mind and Dive Into Accessibility.