Purpose: The purpose of this paper is to investigate the legal issues of simultaneous Internet transmission of broadcasting programs of the Open University of Japan (OUJ) and to take legal measures to promote the mutual utilization of open university courses in Japan, the UK, China and Korea. Design/methodology/approach: The author examines the…

Orphan works are works that are still protected by copyright and whose owners cannot be identified or located by prospective users for copyright clearance. Many countries have addressed this issue since the emergence of the problem, and it remains a legitimate subject of inquiry in this present day. However, Malaysia is yet to initiate public…

The purpose of this paper is to examine the issues of plagiarism and academic integrity as they are covered by universities and to then identify the existence of legislation that would impose legal consequences. Accordingly, this paper adopts a legal approach to critical analysis and discourse in the examination of the issues and the appropriate…

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

In November 2012, the educational provisions of the Copyright Modernization Act were proclaimed in force, thereby introducing a number of significant changes to the Canadian Copyright Act. These changes include the expansion of fair dealing to include the purpose of education, the addition of new educational exceptions for the online transmission…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

Copyright law is a source of a great deal of bewilderment and frustration to academic librarians. Beyond the basics of copyright protection and fair use, most librarians struggle to grasp the complexity of the law and the roadblocks it presents to access and use. This article attempts to elucidate some of those complexities by suggesting seven…

Legislation introduced in Congress last month (the "Combating Online Infringement and Counterfeits Act") would take an aggressive and needed stand against online piracy, a growing problem that hurts American consumers and costs Americans jobs. Critics of the legislation argue that this bill would hurt free speech, encourage censorship in foreign…

Consumers are inundated with sound and images. A child today may see more images in a week than an individual in the 19th century viewed in a lifetime. These images were presented in a read-only format throughout the 20th century. A child watching television was a passive observer. The inclusion of authoring programs such as iMovie and Movie Maker…

Intellectual property, which includes copyright, is an important legal concept for educators and other education professionals to understand. Intellectual property laws are designed to encourage the creation of original works, to stimulate creativity in society in general, and to protect and promote the creation and use of products of the human…

Patents, trade secrets, copyrights and the like are all forms of "intellectual property," though the rules governing each are quite distinct. Patents and trade secrets apply to functional works that are new and innovative. Copyrights, on the other hand, apply to pictorial, textual and sculptural works--works that may not be functional at all. In…

Looks at the history of fair use of copyright-protected works, from concerns about photocopying to emergence of early guidelines, opposition, and continuing struggles to interpret the Copyright Act of 1976. Argues that no current fair use guidelines have the force of law; indeed, the law is a less complex measure than most guidelines. Recommends a…

This paper discusses copyright issues for educators. The Fair Use Doctrine is described, focusing on the following points that must be evaluated before determining Fair Use: (1) purpose and character of work; (2) nature of the copyrighted work; (3) amount and substantiality; and (4) effect upon potential market. Other topics covered include…

This report serves as an overview of intellectual property law, policies, and practices as they relate to distance learning. It seeks to provide background information and direction for the Florida Distance Learning Network and the Postsecondary Education Planning Commission's Task Force on Telecommunications. Several of the technologies used in…

By and large, educators are honest and ethical. Yet, copyright violations such as those described in the following scenarios are all too common in many, if not most, schools: Teacher Gray shows Disney's The Little Mermaid to reward her students for scoring exceptionally well on a recent test. Teacher Black adds images taken from various Internet…