Text and data mining activities -- that is, the automated processing of digital materials to uncover new knowledge -- have become more frequent in all areas of scientific research. Because they require a massive use of copyrighted work, there are evident conflicts with copyright legislation. Countries at the forefront of research and development…

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…

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…

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…

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…

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…

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…

This report addresses the question of what libraries and archives are legally empowered to do to preserve and make accessible for research their holdings of pre-1972 commercial recordings, the large aural legacy that is not protected by federal copyright. The report is one of a series of studies undertaken by the National Recording Preservation…

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…

With the maturation of the internet more and more colleges and universities are offering online courses. As these courses enter the mainstream, public policy issues are beginning to emerge. Many of these involve the tension between the "work for hire" doctrine and academic freedom that occurs when educational institutions offer these…

Advancement of knowledge and progress in technology drives the need for protecting inventions, new ideas, writings, music, and other media. While abundant, intellectual property and copyright issues are not simple, and the United States has adopted multiple rules via treaties worldwide. Academia has been fortunate with regard to the freedom…