Copyright Laws on New Technology?!?

My views on: Tools for the TEKS: Integrating Technology in the Classroom
By: Wesley A. Fryer

Copyright laws, when it comes to new technology, is often times unclear. I agree that we, as teachers, need to be good role models and keep abreast with the laws so that we may model them and teach them to our students. If you are unclear as to the present laws, as I am, or for any questions you can visit the website of the U.S. Copyright Office at www.copyright.gov.

Many ‘big-media corporations want longer statutory limits on copyrights.’ Should the government grant such things? I don’t think so. I am not sure of the time spans that copyright laws give, but it sounds as if some people want too much time. The laws are in effect so that people may make money off their publications, but there should come a point when that time limit should be up and that resource should be free for anyone to use.

I must admit that I am a little confused as to what the difference between ‘copyright laws’ and ‘fair use’ are. ‘Fair use’ seems to be citing your sources at the end of your work but it is not the same thing as copyright law. It is using a resource fairly and ethically and not misconstruing information…. I think?!? All this time I thought citing our sources at the ends of our papers covered our ‘butts’ so we did not infringe upon copyright laws, or place a link under pictures we use from the internet. Shows how much I know.

Here is what Fryer put in his article to help with better understanding.
Section 107 of the 1976 Copyright Act establishes limitations on the exclusive rights of copyright holders, termed "Fair Use." These factors to be considered when determining fair use are:
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted
work**
**"Copyright Law Chapter 1." US Copyright Office. http://www.copyright.gov/title17/92chap1.html#107. Accessed 3 Dec 2002.

These factors are kind of broad and can be read in a number of ways. It is time for newer concrete laws. Not to mention that this is VERY old in terms of technology.

One of the new laws is the DMCA (The Digital Millennium Copyright Act of 1998) was constructed to help update our copyright laws to the digital age. To read about the act go to: http://www.loc.gov/copyright/reports/studies/dmca/dmca_executive.html. Many people are against the act stating that it is being used to silence them in their scholarly efforts or unfairly limit the ‘ratting out’ of businesses wrong doings and even e-book criticisms.

The Teach Act (Technology, Education, and Copyright Harmonization Act), signed by President Bush, provides some copyright exemptions for educators. The American Library Association has a good summary on this act which can be found at www.ala.org/ala/aboutala/offices/wo/woissues/copyrightb/federallegislation/distanceed/teachfaq.cfm.