[Itech] Fwd: Breaking News From Inside Higher Ed: Win for Publishers on Digital Use of Copyrighted Materials

    Teresa Franklin franklit at ohio.edu
    Sat Oct 18 14:03:05 EDT 2014 
    Hello Graduates:

This is a must read especially as we put more and more materials online!

Dr. Franklin



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From: Inside Higher Ed < newsroom at insidehighered.com 
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Date: Sat, Oct 18, 2014 at 1:50 PM
Subject: Breaking News From Inside Higher Ed: Win for Publishers on Digital
Use of Copyrighted Materials
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    BREAKING
NEWS
October 18, 2014
   Win for Publishers on Digital Access to Copyrighted Works

Academic publishers on Friday notched a win in the ongoing legal debate
about digital access to copyrighted works, as an appeals court rejected a
broad ruling on how to determine fair use.

In a unanimous decision in *Cambridge v. Patton*
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>,
a three-judge panel of the U.S. Court of Appeals for the 11th Circuit,
which covers Alabama, Georgia and Florida, guarantees the case has a long
and litigious road ahead of it by reversing the lower court’s opinion and
sending the case back for further deliberations.

Rather than strike a decisive blow either for or against fair use, the
legal concept that places some limits on the rights of copyright holders,
the appeals court instead issued a stern warning against quick-fix,
one-size-fits-all solutions to legal disputes -- specifically, the idea
that copying less than a chapter or 10 percent of a book automatically
protects an institution from a lawsuit.

“To further the purpose of copyright, we must provide for some fair use
taking of copyrighted material,” the opinion, authored by Judge Gerald Bard
Tjoflat, reads. “But if we set this transaction cost too high by allowing
too much taking, we run the risk of eliminating the economic incentive for
the creation of original works that is at the core of copyright and -- by
driving creators out of the market -- killing the proverbial goose that
laid the golden egg.”

Read our full report here
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-- 


*"A teacher affects eternity; [she]he can never tell where the influence
stops." - Henry Adams*Dr. Teresa Franklin
Professor, Educational Studies/Instructional Technology
Fulbright Research Scholar to Turkey 2013-14
The Gladys W. and David H. Patton College of Education
Ohio University, Athens, OH 45701
740-593-4561 (office)
740-541-8847 (cell)
740-593-0477 (fax)
also: franklinteresa at gmail.com 
*~~~~~~Ohio University -- The best student-centered learning *experience in
America~~~~
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