=========================== JeffNEWS, December 13, 1994 =========================== Library Symposium Explores Timely Issues of Copyright and Electronic Communications --------------------------------------------------------- As part of its Centennial Symposia Series, Scott Memorial Library sponsored a symposium on copyright issues, with special relevance to health care and the rapidly evolving world of electronic communication. The symposium, "`Copyright: Ethical and Legal Issues in Health Sciences Communication," was moderated by Edward W. Tawyea, University librarian and director of academic information services and research. In introducing three guest panelists. A central issue is to fairly balance the need to protect the rights of the creators of copyrighted information, such as authors and scientists, with the need to protect the rights of users of such information, such as teachers and librarians. Unprecedented Electronic Uses Causing Complexity ------------------------------------------------ Causing much complexity is the advent and proliferation of electronic means of distributing information, Mr. Tawyea told an audience of 25 Jeffersonians from the academic, research, clinical and information sectors of the University. Of particular import are the increasing number and uses of information stored on CD-ROM discs or transmitted over computer-linked "information highways" such as the Internet. Both phenomena are without precedent in society, contributing to numerous issues involving copyright ownership of information, fair use of such information, and uncertain implications for an uncharted future. Practical Guidelines on Copyright Issues ---------------------------------------- Still, much knowledge and experience is already at hand, and practical guidelines are available, which the three panelists shared with the audience. o Rights of creator/owner stronger since 1976. Victor S. Perlman, Esq., a copyright attorney with the firm of Clark Ladner Fortenbaugh & Young, summarized major differences between the copyright law of 1909 and the new law of 1976 that made significant changes. Probably the biggest change is that the 1976 law generally presumes the creator of a work to be its owner. By comparison, the 1909 law generally favored the person (sponsor) paying a commission to create the work to be its owner. A major effect of strengthening the rights of a creator/owner, as the 1976 law has done, is to complicate how the law applies to "fair use" of copyrighted material, particularly in academic and library settings. o Uses in teaching settings. Lenore H. Forsted, Esq., assistant University counsel, reviewed numerous practical guidelines for using copyrighted material fairly and effectively in teaching settings, while still conforming to the spirit and letter of the law. Teachers, for example, can use a "decision tree" to determine such fair use criteria as numbers of copies to distribute, frequency of use and whether the use is planned or spontaneous. o Uses in library settings. Living and working with copyright issues in the burgeoning world of electronic information can become very complicated in a library setting, whose main mission is to disseminate, not restrict, information. Barbara S. Shearer, MLS, associate director for public services, Scott Memorial Library, reviewed for the group her sometimes frustrating efforts to "download" information from the Internet while still abiding by copyright guidelines that admittedly are in a rapidly evolving state of flux regarding "fair use" in electronic media. o Advice for writers/scientists. The panelists' presentations stimulated numerous questions from the involved audience, including "When should I copyright my work?" The legal answer is that your creating the work automatically copyrights it. However, you can take two recommended safeguards. Properly display a copyright notice on your work, and register it with the US Copyright Office in Washington, DC. The latter requires filing an application and a nominal fee. The copyright situation is changing hourly. Members of the educational and medical communities should best "stay tuned" to this evolving process. Copyright Guide to Software Uses Available from DIS --------------------------------------------------- The copyright law is very specific about when it is appropriate, ethical and legal to copy software and when it is not, reports Maureen C. Owens, assistant director, client services and administration, department of information systems (DIS), in the November issue of the Chip Chat newsletter. To ensure you are not placing the University at risk, and that you are getting full value from your software license, please contact Computer Prescriptions for a copy of "A Guide to the Ethical and Legal Use of Software for Members of the Academic Community." ------------------------------------------------------------------------------ Information provided by: Editor, JeffNEWS (215) 955-6204 ------------------------------------------------------------------------------