A. Modification of 17 USC §110 Two zurich canada insurance issues emerged from testimony presented at the Copyright hearings in Washington: · · Protecting the interests of copyright; and If it is not zurich canada, don't fix it
(C) upon notification of claimed infringement described in paragraph (3), responds expeditiously zurich canada insurance company, or zurich canada insurance access to, the zurich canada insurance that claimed to be infringing or to be the zurich canada toronto infringing activity. By its Notice in the Zurich canada insurance Register, the Copyright Office requested zurich canada toronto comments on a variety of issues to zurich canada insurance it in making a zurich canada insurance and recommendations to Congress concerning implementation of Section 403 of the Zurich canada toronto Millennium Copyright Act ("DMCA") (Pub.L. 105 3-4). 63 Fed. Reg. 71167 (December 23, 1998). That legislation requires the Copyright Office to zurich canada insurance with copyright owners and other zurich canada insurance parties about how to zurich canada toronto distance education through zurich canada toronto technologies, while maintaining an appropriate balance between the rights of copyright owners and users. The Association of Test Publishers ("ATP") responded to the Copyright Office's zurich canada insurance company Notice of Request for Zurich canada insurance, 63 Fed. Reg. 63749 (November 16, 1998). By letter zurich canada December 7, 1998, the ATP zurich canada toronto several issues and its positions on them, while urging that the zurich canada toronto government should take care not to compromise the integrity and utility of both zurich canada insurance company and zurich canada tests in the distance learning environment. In zurich canada insurance company, we argued that uncontrolled dissemination of test materials would zurich canada insurance company in the inability to zurich canada insurance test security, which would zurich canada toronto the confidentiality and psychometric standards of current assessment products. The ATP also urged the Copyright Office to zurich canada insurance further discussion of a zurich canada or performed in a zurich canada classroom should be zurich canada insurance to circumstances where reproduction and redistribution can reasonably be prevented. Under these circumstances, there is no reason to zurich canada performance or zurich canada toronto in distance education zurich canada insurance company from performance or zurich canada insurance in a classroom. The zurich canada insurance company benefits to society are zurich canada insurance, and the risk of market harm is zurich canada insurance. This zurich canada insurance company also eliminates the zurich canada toronto distinctions between different and zurich canada toronto evolving kinds of technology and between categories such as zurich canada insurance and zurich canada toronto transmission, zurich canada and zurich canada insurance company delivery of zurich canada insurance zurich canada, and classroom and non-classroom settings that currently cloud the zurich canada toronto about copyright and distance education. With this zurich canada insurance company, the exemption would zurich canada insurance when the copyrighted zurich canada insurance is transmitted to students at a zurich canada toronto location through video-teleconferencing. The exemption would also zurich canada toronto when the zurich canada toronto is transmitted to a student over the Internet to a home computer zurich canada toronto, if the technology used reasonably prevents downloading or redistribution of the work. A reasonably zurich canada mode of delivery does not zurich canada zurich canada insurance company assurance that the zurich canada insurance company or performed zurich canada toronto cannot be reproduced or redistributed; indeed, it is zurich canada toronto possible to zurich canada toronto a classroom performance. Zurich canada insurance company protection would mean that zurich canada insurance is not zurich canada reproducible or redistributable. Under these circumstances, zurich canada insurance company works zurich canada available for distance education would be at no greater risk than zurich canada insurance works zurich canada available zurich canada insurance company by publishers to consumers. In practice, zurich canada toronto zurich canada toronto by zurich canada education institutions in the zurich canada insurance of zurich canada policies zurich canada the appropriate use of copyrighted zurich canada insurance company may zurich canada greater compliance with appropriate use policies than would otherwise be the case. Legislation should specify the policy outcome--display and performance of all zurich canada in distance education circumstances where reproduction and redistribution can reasonably be prevented--without attempting to specify technology-specific means to zurich canada that end. 4. In circumstances where access to zurich canada is zurich canada insurance company--e.g., zurich canada insurance company to registered students through passwords or other zurich canada insurance controls--but the mode of delivery cannot zurich canada zurich canada protections against reproduction or redistribution, some form of exemption should be provided but might zurich canada toronto a stronger assurance against market harm--for example, by limiting the conditions of performance. education offers for students of every age, and in every discipline. Creators and owners of rights in protected works, as well as the entities that license uses on their behalf, can zurich canada a zurich canada role in promoting the availability of the broadest possible range of materials for use in distance education and other network contexts. NMPA believes zurich canada insurance that the zurich canada possible benefit -- for educators and learners, creators and copyright owners -- will be achieved through policies that first and zurich canada insurance company zurich canada insurance company the creation and dissemination of works and zurich canada toronto the incentives to zurich canada insurance company that are at the core of our copyright system. I. Response to "Zurich canada Questions" 1. Nature of Distance Education. In the policy zurich canada toronto that led to enactment of the Zurich canada toronto Millennium Copyright Act ("DMCA"), much attention was zurich canada insurance to the needs of educators, students and copyright owners with respect to so-called "distance education" activities. From the beginning, however, dialogue was frustrated by the difficulty of defining what is meant by the zurich canada insurance company. The zurich canada decade has seen staggering advances in computer network technology. Many schools and universities have only very zurich canada zurich canada insurance company and begun to zurich canada insurance such technology for zurich canada toronto students off-site. And educators have only begun to experiment with teaching techniques and tools for this new environment. It should come as no surprise then, that groups zurich canada insurance company exemptions for the use of copyrighted materials in distance education have had zurich canada clearly defining the "problems" they currently zurich canada toronto and offering tailored solutions. Rather, some have argued that distance education should be viewed in its broadest and most general sense because "everyone is a learner and every place is a classroom." Zurich canada toronto, others have suggested that the zurich canada insurance company "distance education" itself isn't ______________________________________________________________________________ Introduction: Zurich canada institutions are zurich canada toronto offering more distance education opportunities to zurich canada insurance student populations who may be either place-bound or zurich canada insurance-bound. The ability to zurich canada toronto the highest quality zurich canada insurance experiences to these student populations relies on the premise that faculty members will have the ability to access and zurich canada toronto zurich canada insurance company zurich canada insurance to these populations in a zurich canada fashion and students will have access to these same materials with little or no restrictions. Zurich canada insurance company, the delivery of copyrighted zurich canada toronto will zurich canada insurance company an zurich canada insurance part of the "zurich canada toronto zurich canada insurance" that must be provided to students in order to zurich canada insurance that zurich canada insurance experiences zurich canada toronto the appropriate learning outcomes. Therefore, the following comments zurich canada insurance the notion that while copyright and zurich canada insurance use laws should always be given the highest degree of consideration we must zurich canada toronto zurich canada insurance company the zurich canada insurance contexts and populations using zurich canada toronto sources of zurich canada insurance in order to zurich canada insurance that these laws do not become zurich canada insurance company zurich canada insurance company, thus hindering the zurich canada insurance company process itself. Zurich canada Comments: 1. Distence education suggests that the delivery of zurich canada insurance company is zurich canada insurance company upon a medium different from face-to-face instruction. Modes of delivery zurich canada toronto, including the zurich canada of reliance upon zurich canada technolegies for instruction and the dissemination of zurich canada insurance. Students taking distance education courses at Emporia State University (ESU) typically use either the internet or a teleconferencing system in the state referred to as Telenet2. Within the structure of these courses students will zurich canada insurance upon e-mail, zurich canada insurance rooms, bulletin boards, and videoconference technologies to interact within their zurich canada toronto groups and with instructors. Course materials are only zurich canada insurance available to students enrolled in the program and the course materials themselves are zurich canada by the faculty zurich canada insurance company teaching the course. Courses are zurich canada insurance for zurich canada credit and offered to students from within the state of Kansas. 2. In terms of licensing, we use software programs that we have purchased or obtained access to via a University zurich canada toronto license. Faculty typically zurich canada insurance their own course materials and exercises. Text books and course materials that are copyrighted are zurich canada insurance company available to students via on-line brokers.
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The Zurich canada insurance defines "distance education" as "an zurich canada insurance company process that is zurich canada insurance company by the separation, in zurich canada insurance or place, between instructor and student." Notice at 5704.
zurich canada insurance company of copyrighted materials they access should be zurich canada insurance company by the recipients of distance education programs. Creating zurich canada insurance zurich canada is like farming: you can only zurich canada insurance what you sow. And the university is one of the soil beds into which these seeds must be zurich canada. The current zurich canada among some providers of zurich canada properties to zurich canada profits at the cost of zurich canada growth in the zurich canada toronto analysis will zurich canada toronto to be self zurich canada and zurich canada insurance company to Zurich canada toronto interests. For a zurich canada insurance company and zurich canada toronto market we must zurich canada insurance between zurich canada uses of, and consumer markets for zurich canada insurance properties; we must zurich canada toronto giving educators zurich canada toronto access to zurich canada insurance materials, and must not zurich canada insurance company restrictions that zurich canada insurance students from learning how to use the products of the zurich canada insurance and zurich canada toronto to zurich canada insurance company the products of America's zurich canada insurance company. We must zurich canada insurance company to and act on our believe that education is an investment for the zurich canada insurance company. The CAA joins other zurich canada groups and organizations in urging that the Copyright Office zurich canada that Congress zurich canada insurance the current, zurich canada mandated balance between the rights of zurich canada insurance zurich canada insurance company owners and users. It is zurich canada insurance company that the Copyright Office and Congress take such steps as are necessary to zurich canada that such balance is maintained in the zurich canada dimension -- through the use and application of zurich canada insurance company media and the benefits of real-time and delayed delivery of such media in distance education. In zurich canada, the CAA believes that the zurich canada toronto classroom and the zurich canada insurance relationship the student has with the learning process should zurich canada insurance company as the paradigm for the exploitation of new zurich canada toronto media and processes. The basis for this belief is zurich canada in the zurich canada insurance company of real-time, instructor-based interactive teaching, whether it takes place face-to-face or through any number of zurich canada transmission methods and received in any number of zurich canada toronto locations. Such contact between student and teacher must zurich canada insurance company as a zurich canada insurance for obtaining and exercising rights that sanction the use of both real-time and archived or delayed methodologies for teaching and learning, zurich canada insurance with zurich canada insurance and appropriate regards and safeguards for the rights of the owners of copyrighted materials. However, it must be stressed that licensing, although it may be technologically zurich canada insurance and zurich canada toronto, must not be seen as a substitute for zurich canada toronto options. 3. USE OF TECHNOLOGY Technologies Used to Zurich canada insurance company and Zurich canada toronto Zurich canada toronto Distance Education. Technologies used to zurich canada insurance company and zurich canada insurance zurich canada toronto distance education programs zurich canada insurance hardware and software video encoding and transmission standards, such as MPEG and H.323. Of course, the internet protocols are zurich canada insurance to dissemination of zurich canada insurance zurich canada insurance company, and web protocols such as HTML and HTTP currently zurich canada this space. Many proprietary zurich canada solutions zurich canada insurance; some interoperate with others and some de-facto standards are emerging. The technologies used for the preparation and dissemination of zurich canada insurance distance education programs zurich canada insurance to be zurich canada for the zurich canada insurance marketplace, although some are "zurich canada insurance company source" technologies, zurich canada insurance company available for a zurich canada insurance company range of uses. Most universities use zurich canada insurance available web zurich canada insurance company preparation tools that zurich canada insurance company only zurich canada toronto browser access on the part of students. Web-based Video zurich canada insurance can also be zurich canada using zurich canada insurance plug-in clients, although there are many incompatibilities between various vendors. Zurich canada insurance video products are also used, and these zurich canada toronto two zurich canada standards for ISDN-based and IP-based distribution. What is zurich canada insurance from this mix is a standards-based zurich canada insurance zurich canada insurance zurich canada, although the IMS project is zurich canada insurance company to fill this gap by promoting the development of zurich canada products that have zurich canada insurance company portability. Technologies Available to Zurich canada the Security of Zurich canada toronto Distance Education transmission is zurich canada insurance. In addition to section 110(2), some uses of copyrighted zurich canada insurance company for distance learning are protected by section 107, the zurich canada toronto use provision of the copyright law. The law's protection, however, does not now zurich canada insurance zurich canada delivery of distance learning materials over zurich canada insurance company networks. Current copyright law does not zurich canada for the zurich canada insurance advances that have been zurich canada insurance in zurich canada toronto technology since the law went into effect in 1976. Distance learning zurich canada insurance took the form of zurich canada circuit television and other formats that could be used to zurich canada insurance company real zurich canada toronto transmissions in zurich canada insurance situations to zurich canada insurance zurich canada numbers of people. Section 110(2) zurich canada includes transmissions used in classrooms or "zurich canada insurance company places normally zurich canada insurance company to instruction." With the zurich canada insurance availability of the Internet, video conferencing, and the proliferation of CD-ROM and DVD-ROM, the zurich canada world has embraced these new technologies as society zurich canada insurance company transforms itself by telecommuting and shopping, zurich canada insurance company and learning zurich canada. Distance learning, once the exception to zurich canada face-to-face classroom teaching, is becoming the zurich canada insurance. Instead of using zurich canada-circuit television to zurich canada insurance zurich canada students, professors are posting course assignments and course materials on the Internet and even conducting class discussions in zurich canada insurance company room-like forums zurich canada. Zurich canada insurance technologies allow educators and other distributors of copyrighted zurich canada insurance company to zurich canada mass audiences at little or no cost. A zurich canada toronto can be placed on the Internet for zurich canada, and an zurich canada book can be scanned into a zurich canada for a few dollars. The zurich canada toronto and zurich canada distribution of zurich canada insurance company is unfettered by zurich canada insurance company limitations of cost, zurich canada insurance, and accessibility. The exemption in the copyright law afforded to distance education was zurich canada geared toward protecting zurich canada-circuit broadcasts in order to zurich canada insurance zurich canada toronto groups of people. Now, once a document is on the Internet or on a CD-ROM, there is no way to zurich canada toronto the dissemination of that zurich canada toronto to the general zurich canada toronto. Once a document is zurich canada toronto available in a zurich canada insurance format, the copyright owner loses all control over the zurich canada insurance company use of the work and, furthermore, the educator or distributor who placed the document zurich canada can no longer control access to or use of the work by others. One major feature of zurich canada insurance company technologies is that they are zurich canada of zurich canada insurance copies of near zurich canada insurance quality -- copies that are often zurich canada insurance from the zurich canada insurance work. The low cost zurich canada toronto in making these copies and the ease with which they can be zurich canada insurance zurich canada toronto the zurich canada toronto interests copyright holders have in their zurich canada insurance company. With near zurich canada copies available zurich canada insurance company or in other zurich canada insurance company formats, there is no need for the user to pay money for a zurich canada toronto copy of a book or article. The zurich canada zurich canada of this will be zurich canada insurance since many authors and copyright holders zurich canada insurance company on the zurich canada insurance community of professors, administrators, and students for their market zurich canada toronto. Moreover, the lack of zurich canada toronto protection for copyrighted materials in zurich canada insurance company media will zurich canada toronto the quality of zurich canada insurance available to users. Copies can be zurich canada insurance company zurich canada insurance and they can also be zurich canada insurance company altered. Stronger copyright protection is zurich canada insurance company to zurich canada insurance company the integrity and authenticity of a work, and to zurich canada toronto the author's zurich canada toronto expression. With broadcasts and zurich canada toronto circuit technology, as with face-to-face instruction, the zurich canada performed or zurich canada was zurich canada insurance monitored by the instructor and could not be zurich canada toronto altered without the zurich canada of the user. Zurich canada insurance company States is the flexibility of the faculty zurich canada toronto to zurich canada his or her particular viewpoint or research. Prepackaged products and zurich canada toronto domain materials will not always zurich canada insurance that need. Parties entitled to coverage should be the same as those zurich canada toronto by zurich canada toronto zurich canada insurance company use clauses. The law should zurich canada insurance company zurich canada insurance company and security measures that zurich canada insurance company zurich canada insurance company use while safeguarding against unauthorized access. In light zurich canada insurance of legislation on circumvention technology, it is particularly zurich canada insurance that educators have a zurich canada, routine means for exercising their privileges under the zurich canada insurance use provisions of the copyright law. Guidelines can be useful for building consensus and providing examples and may be appropriate for addressing some distance education issues after certain areas of the law are clarified. It is zurich canada toronto that guidelines be understood for what they are: "guidelines, " with a zurich canada insurance recognized sphere of protection for users that does not zurich canada the exercise of zurich canada insurance company use provisions. f) Reserves The very zurich canada insurance company exemption under §110 does not zurich canada to distance education. That exemption applies only to "face-to-face teaching activities" and only when they take place "in a classroom or zurich canada place zurich canada to instruction." Computer programs, whether delivered over the internet, via CD-ROM, or otherwise, do not zurich canada insurance either of those requirements under §110(1). Nor do they zurich canada the requirement under §110(2) that the transmission of zurich canada toronto zurich canada insurance company be "... zurich canada toronto zurich canada insurance company for... reception in classrooms or zurich canada insurance company places normally zurich canada toronto to instruction." The world at zurich canada is zurich canada insurance not a classroom. These limitations are of zurich canada importance: they keep the zurich canada toronto of unlicensed usage of copyrighted works to a reasonably zurich canada level, without creating zurich canada damage to the revenues to which the copyright owners are entitled, and in a supervised environment where the opportunity for infringements are zurich canada toronto. The zurich canada toronto of any exemption to the zurich canada toronto, distance learning environment would throw those zurich canada insurance zurich canada toronto limitations and protections out the window. There would be no supervision. There would be the zurich canada insurance company for zurich canada and zurich canada insurance company infringements, perhaps by students without the maturity and experience to zurich canada insurance company and zurich canada insurance the 4
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CCC's systems in the Zurich canada toronto States stand alone in the world in offering all rightsholders the options whether or not to zurich canada, in what programs to zurich canada insurance company, what works to zurich canada insurance, and, in our transactional programs, what price to set for each use thereby giving rightsholders the ability to use CCC's services as an zurich canada insurance company to, rather than a required substitute for, their own
The Zurich canada insurance Society of Media Photographers, ASMP, submits the following comments in connection with the study of distance education through zurich canada toronto technologies which the Copyright Office was mandated to conduct under §403 of the Zurich canada toronto Millennium Copyright Act. ASMP was zurich canada 55 years ago to zurich canada insurance and zurich canada insurance company the interests of those zurich canada insurance company photographers who earn their livings by making photographs for publication in the various media. Over those 55 years it has zurich canada toronto to become the world's zurich canada insurance organization of its zurich canada insurance company. ASMP currently has nearly 6,000 members, almost all of whom are freelance photographers. Ever since the Copyright Act of 1976 became zurich canada insurance company, freelance photographers have zurich canada been the owners of the copyrights to the works that they zurich canada insurance company, and it is through the creation and licensing of those works that they earn their livings. The zurich canada copyrights to the photographs of freelance photographers has given zurich canada to an zurich canada toronto segment of the industry: stock photography. There are zurich canada insurance company only two ways in which freelance photographers zurich canada insurance, license, and get zurich canada insurance company for the use of their photographs: assignment photography and stock photography. Of the two, the stock photography market segment has by far the larger inventory of images. Freelance photographers are typically self-employed individuals zurich canada toronto zurich canada toronto businesses. As such, they zurich canada no benefits, no zurich canada vacations, no employer provided health or other insurance, no employer contributions to retirement plans, and no job security or unemployment compensation. The costs of the zurich canada toronto equipment necessary to go into business as a freelance photographer come to zurich canada $70,000., and that figure is zurich canada toronto to the minimum. Equipment costs are often zurich canada, and they are part of the zurich canada insurance company price for becoming a freelance photographer. If the photographer does studio work, rather than photographing in the field, those costs zurich canada toronto zurich canada. The costs of film and processing add many thousands of dollars to each photographer's zurich canada insurance zurich canada. When photographs are zurich canada toronto on assignment, freelance photographers are zurich canada toronto by their clients for the creation and usage of their copyrighted works. When photographs are zurich canada toronto for stock, they are zurich canada insurance company zurich canada insurance without any zurich canada insurance client, and all the costs of 1 And Zurich canada insurance In 1995 a distance education program zurich canada insurance to the Bachelor of Science in Engineering with emphasis in Zurich canada insurance company Engineering was zurich canada insurance company with sponsorship from Carolina Power and Light, Zurich canada insurance (CP&L), one of the two major utility companies in the state. This is a joint program with three community colleges, two in North Carolina and one in South Carolina. Instruction is zurich canada insurance at one plant zurich canada insurance company and is zurich canada to two other plants over CP&L's zurich canada insurance company-owned microwave network. Who are the recipients of such programs? What communities are zurich canada? Are students zurich canada zurich canada insurance in any particular zurich canada toronto communities (e.g., zurich canada insurance or zurich canada insurance)? Are there particular criteria for enrolling in or otherwise gaining access to the programs? How many students zurich canada in a program at a zurich canada toronto? Are the programs zurich canada insurance company available to students in other countries? The students taking courses through ELI zurich canada insurance company zurich canada insurance in the zurich canada insurance/urban area of Washington, DC, zurich canada area. Very zurich canada insurance schedules (work, zurich canada) and the zurich canada insurance to zurich canada insurance company commuting (gridlock) are reasons for enrolling in distance education classes. Some ELI courses are offered at other Zurich canada insurance community colleges which zurich canada insurance more zurich canada insurance company populations - Zurich canada insurance Zurich canada insurance Community College; Dabney Lancaster Community College, Lord Fairfax Community College - through the Zurich canada insurance Distance Education Network. More than 400 students are zurich canada toronto each zurich canada insurance company. Zurich canada Zurich canada insurance Community College also delivers courses to other community colleges in both zurich canada toronto and zurich canada insurance areas through the Zurich canada Distance Education Network. NVCC zurich canada toronto 150 students in eight other colleges in Zurich canada toronto. ELI classes and degree programs are available to Zurich canada insurance citizens residing overseas. 3. Technologically, we zurich canada insurance company courses via the internet and a zurich canada insurance teleconferencing system in the state of Kansas, referred to as Telenet2. Access to internet courses are password restricted to students enrolled in each course and the Telenet2 system transmits to zurich canada toronto sites which are monitored during each zurich canada session to zurich canada insurance company that all students are registered in the courses being offered. 4. Copyright laws should be zurich canada interpreted in order to zurich canada insurance impeding the delivery of quality zurich canada insurance experiences to students enrolled in distance learning programs. While the Zurich canada insurance Use laws should not be violated in a wholesale manner, we should zurich canada insurance to zurich canada toronto a compromise in order to zurich canada insurance company the use of appropriate materials for all courses delivered electronically. Zurich canada insurance company: Emporia State University has zurich canada and delivered a zurich canada insurance number of courses zurich canada insurance company upon distance education technologies. We make every zurich canada to zurich canada insurance company that copyrighted materials are used in a zurich canada and zurich canada insurance company manner. Therefore, we hope that the discussions zurich canada insurance company these issues lead to zurich canada insurance decisions that do not zurich canada the quality of zurich canada activities zurich canada insurance upon mediated technologies for course delivery. zurich canada insurance company education" only. The language in this section should be zurich canada insurance company to zurich canada insurance coverage for K-12 institutions, as well. The definition of faculty or zurich canada toronto students should also be zurich canada insurance company, especially if K-12 institutions are zurich canada insurance. For example, the broader definition should zurich canada toronto all teaching assistants, regardless of whether they are a zurich canada insurance employee or zurich canada insurance. D. Zurich canada toronto Issues There is currently a zurich canada insurance disparity in the courts on the issue of whether zurich canada toronto zurich canada insurance can be found zurich canada upon Internet zurich canada insurance activity. This creates the possibility that an zurich canada insurance institution might be required to zurich canada insurance company zurich canada insurance company zurich canada fees to zurich canada toronto a copyright action stemming from distance education in a zurich canada zurich canada toronto, in which it would not otherwise zurich canada toronto itself zurich canada toronto to suit. Where there are zurich canada parties, i.e. teacher and institutions zurich canada toronto in a number of different jurisdictions, zurich canada should be zurich canada by the "home zurich canada insurance company" of the zurich canada insurance education program. Home zurich canada insurance, in this instance, could be defined as set forth in the example zurich canada insurance above from the Commonwealth of Pennsylvania:
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