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Re: [Phys-l] Symposium on Copyright at a Crossroads



If you respond to this post, PLEASE DON'T HIT THE REPLY BUTTON unless you prune the copy of this post that may appear in your reply down to a few relevant lines, otherwise the entire already archived post may be needlessly resent to subscribers.

In response to my post of 8 March titled "Re: Symposium on Copyright at a Crossroads" [Hake (2006a)], Irascible Professor Mark Shapiro (2006) wrote:

"It has been well-established that fair use does not include widespread distribution of verbatim copies of the entire work. "

But as indicated by Phys-L's high-energy theorist and practicing attorney Jack Uretsky (2006):

". . . . it's more persuasive to recount the facts of a particular case, or cases, than to use the blanket phrase (by itself) "It has been well-established". [The former] approach recognizes the truism that courts only resolve individual controversies, they do not - except in a very rough and imprecise sense - set policies. "

So I think it's fair to state that what Mark regards as "well established" is, at best, problematic.

Nevertheless, Mark goes on to make a good case for NOT copying material at his site <http://irascibleprofessor.com/> into discussion list archives. Mark wrote [bracketed by lines "SSSSSSSSS. . . ."]:

SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
". . . several of my guest commentators are professional writers, who earn at least part of their income from their written work. Under their agreements with me, they retain copyright to the content of their commentaries. I allow this specifically so that they can attempt to publish their work elsewhere after the 10-day exclusivity period in my contract with them expires. Many of them do just that. Putting their works in their entirety on the Internet, which is what happens in practice to the content of many newsgroups and forums, destroys the market for their work.
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

However, the Irascible Professor's site <http://irascibleprofessor.com/> is extremely atypical in its dealing with authors, and IMHO Mark's arguments are irrelevant to the usual copying of newspaper and journal articles into discussion list archives that's been the primary concern of this thread.

For example, in the typical cases I mentioned in my post of 8 March "Re: Symposium on Copyright at a Crossroads" [Hake (2006a)], namely "Big gaps appear in state, federal test scores" [Becker (2006)] and "Proof of Learning at College" [Hake (2006c)], the authors of the copied articles are, respectively, AP education writer Ben Feller and an anonymous NYT editorial writer.

As far as I know neither Feller nor the NYT editorial writer: (a) retain the copyright, (b) receive royalties for their articles, or (c) suffer income reduction if their articles are copied into discussion list archives. If anything, as indicated in Hake (2006b), their incomes tend to be enhanced by the attention and prestige they receive when their articles or editorials are more widely disseminated to the academic and education communities.

Some responders to this thread have suggested that instead of copying news report articles into discussion list archives it would be better to simply give the newspapers' or journals' URL for the article, thus avoiding all copyright problems. The difficulty is that most newspapers give free access to their articles for only a short period, after which one must either subscribe to the newspaper or else pay a fee for the article.

For example, today I attempted to access the NYT editorial "Proof of Learning in College" that appeared in the NYT of 26 February 2006, and that I had copied into "Proof of Learning at College" [Hake (2006c)] of 27/28 Feb. I went to the NYT website <http://www.nytimes.com/>, clicked on "Editorials/OpEd" in the left-hand column, and scrolled back to 26 Feb. I was not surprised to find that in order to see the editorial I must either subscribe to the newspaper or else pay a fee. Furthermore, even if I WERE to pay the fee, the journalistic editorial, bereft of substantiation, would not contain the valuable hot-linked academic references that I supplied in the APPENDIX of my post.

Perhaps ITFORUM veteran Terri Buckner (2006) put the arguments for open access best. In her ITFORUM post of 8 Mar 2006 titled "Re: Symposium on Copyright at a Crossroads," Terri wrote [bracketed by lines "BBBBB. . . "; my CAPS and insert at ". . . [......]. . ."]:

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
Dr. Hake (and myself) have been told that copying material that is freely
available over the Internet is a violation of a publishers policy. The
material is available to anyone who wants it upon the creation of a
personal account. . .[and is willing to pay for the article after its free grace period ends - see below]. . . The personal account serves no purpose whatsoever except marketing. In an international forum, it can be problematic for some individuals outside of the US to access those free accounts. So that leaves two choices. We can avoid any discussion of educational issues that appear in the NY Times, the Washington Post, or any number of other publications. Or we can discuss the article among those who can access it.

But why would we leave anyone out? The articles have been completely referenced so there is no attempt to steal anyone's intellectual property. The publishers are not paying the authors based on sales or making money themselves based on sales. Aren't those the basis of copyright?

THE INTERNET WAS DESIGNED TO PROMOTE THE FREE ACCESS OF IDEAS AND DIALOGUE. IT'S BEING MORPHED INTO A BUSINESS TOOL. SHOULDN'T WE AS EDUCATIONAL PROFESSIONAL BE ON THE FOREFRONT OF WORKING TO PROTECT ACCESS?
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

Well said, Terri Buckner !!

Oh, one last thing. I disagree with ITFORUM manager Lloyd Reeber's (2006) implication that my post "Proof of Learning at College" of 27/28 Feb [Hake (2006c)] was a "blatant infringement of copyright."

On the contrary, as indicated in Hake (2006a), that post appears to be in compliance with the fair use provision of the U.S. Tax Code, TITLE 17, CHAPTER 1, paragraph 107, as presented by the Cornell Law School at <http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html>, or more compactly <http://tinyurl.com/3z3r6> [courtesy
<http://tinyurl.com/create.php>. Yes, Jack Uretsky, I know that one must delve into the legal literature to uncover the relevant cases, but I don't have the time and, being a poor pensioner, don't have the money to hire an expensive attorney like yourself.

I hope these contentious matters will be discussed at the 6th Annual Symposium on Intellectual Property: "Copyright at a Crossroads: The Impact of Mass Digitization on Copyright and Higher Education" <http://www.umuc.edu/cip/symposium>, 14-16, June 2006. Adelphi, MD,
hosted by The Center for Intellectual Property at University of
Maryland University College <http://www.umuc.edu/distance/odell/cip/>.


Richard Hake, Emeritus Professor of Physics, Indiana University
24245 Hatteras Street, Woodland Hills, CA 91367
The Irascible Curmudgeon
<rrhake@earthlink.net>
<http://www.physics.indiana.edu/~hake>
<http://www.physics.indiana.edu/~sdi>

"Conflict is the gadfly of thought. It stirs us to observation and memory. It instigates to invention. It shocks us out of sheep-like passivity, and sets us at noting and contriving. Not that it always effects this result; but that conflict is a sine qua non of reflection and ingenuity."
John Dewey "Morals Are Human," Dewey: Middle Works, Vol.14, p. 207.


REFERENCES [Tiny URL's courtesy <http://tinyurl.com/create.php>
Becker, J. 2006. "Big gaps appear in state, federal test scores," Math-Learn post of copy of Mar 7, 2006 2:33 pm, online at <http://groups.yahoo.com/group/math-learn/message/9211>. Copy of
<http://www.boston.com/news/education/k_12/articles/2006/03/03/gaps_appear_in_state_federal_test_scores/> or more compactly <http://tinyurl.com/qprag>. See also Hake (2006d).

Buckner, T. "Re: Symposium on Copyright at a Crossroads," ITFORUM post of 8 Mar 2006 16:49:13-0500; online at <http://www.listserv.uga.edu/cgi-bin/wa?A2=ind0603&L=itforum&O=D&X=56FBDF742984109A34&Y=rrhake@earthlink.net&P=7713>, or more compactly <http://tinyurl.com/j6w96>.

Hake, R.R. 2006a. "Re: Symposium on Copyright at a Crossroads," online at <http://listserv.nd.edu/cgi-bin/wa?A2=ind0603&L=pod&O=D&P=8277>. Post of 8 Mar 2006 to AERA-J, AERA-L, ITFORUM, Math-Learn, Math-Teach, Phys-L, PhysLnrR, POD, & STLHE-L.

Hake, R.R. 2006b. "Re: Symposium on Copyright at a Crossroads" online at <http://listserv.nd.edu/cgi-bin/wa?A2=ind0603&L=pod&O=D&P=6224>. Post of 7 Mar 2006 17:32:46-0800 to AERA-J, AERA-L, ITFORUM, Math-Learn, Phys-L, PhysLnrR, POD, & STLHE-L.

Hake, R.R. 2006c. "Proof of Learning at College," online at
<http://listserv.nd.edu/cgi-bin/wa?A2=ind0602&L=pod&O=D&P=21791>.
Post of 27/28 Feb 2006 to AERA-L, AERA-J, ITFORUM, Phys-L, PhysLrnR, POD, and STLHE-L. Evidently DELETED from the ITFORUM archives by ITFORUM moderator Bev Ferrell.

Hake, R.R. 2006d. "Unraveling of NCLB," online at
<http://lists.asu.edu/cgi-bin/wa?A2=ind0603&L=aera-l&T=0&O=A&X=2AFF71184B63087B4B&Y=rrhake%40earthlink.net&P=574>, or more compactly <http://tinyurl.com/fr3ha>. Post of 3 Mar 2006 11:33:27-0800 to AERA-L, ARN-L, Math-Teach, Math-Learn, & PhysLrnR.

Rieber, L. 2006. "Policy Regarding the Use of Copyrighted Material on ITFORUM," ITFORUM post of 8 Mar 2006 20:34:31-0500; online at <http://www.listserv.uga.edu/cgi-bin/wa?A2=ind0603&L=itforum&F=&S=&X=47B4E453963A0AB828&Y=rrhake@earthlink.net&P=8350> or more compactly <http://tinyurl.com/pgzev>.

Shapiro, M. 2006. Re: "Symposium on Copyright at a Crossroads," Phys-L post of 8 Mar 2006 12:48:59-0800; online at <https://carnot.physics.buffalo.edu/archives/2006/03_2006/msg00042.html>.

Uretsky, J. 2006. "Symposium on Copyright at a Crossroads," Phys-L post of 8 Mar 2006 15:20:36 -0600 ; online at <https://carnot.physics.buffalo.edu/archives/2006/03_2006/msg00045.html>.