Libraries,Educators,Students and copyright--论文代写范文精选

明确的条款和条件通常伴随IP可能会导致专利的申请。许多大学建立了专利法规和传播研究人员,以确保所有权保护。这些法规的条款为大学提供一个法律框架，来管理其知识资产和允许版权管理。下面的essay代写范文讲述了这一问题。

Educators and copyright
Since the copyright-protected material can be lucrative for the owner, clarity on ownership is necessary. An employee generally needs to have a contract that specifically stipulates that the copyrightable IP created during employment belongs to the employee. Typically, if no such contract exists, the employer owns rights to the work. In some cases, faculties at educational institutions have collectively negotiated contracts that allow for ownership to be split or to reside with the author of the work. If not explicated in a contract, however, the copyright belongs to the school, as per the statutes in the Copyright Act regarding employee-employer contracts. An exception to this rule is the "textbook exception." 

Until the Copyright Act of 1976, the syllabus and textbook material created by a faculty member were the IP of the instructor and not the employing authority. When the Act was passed, however, no such rule was added. While this may not have been a deliberate omission on the part of the legislators, it has thrown into doubt a tenet that was sacred to the teaching community: the syllabus and textbook belong to the professor. Interestingly, the textbook exception (an exception to the assumption of ownership rights by the institution) is still honored by most publishers and schools. Some attorneys interpret the current law as meaning to bestow the same rights as before, but in different words. 

Others claim the law intends to endow the employer-school with the copyright to all instructional material, including matter in textbook form. Institutions of higher learning tend to have clearer contracts regarding products of research. Well-defined terms and conditions generally accompany IP that may come to patenting at some point. Many universities have established patent regulations that have been codified and disseminated to research staff to ensure demarcation of the financial rewards of ownership. The terms set in these regulations provide a legal framework for a university to manage its intellectual assets and allow for the administration of copyright of newly created work. 

In many cases, the policies offer the creator-faculty or research department some portion of the royalties from the income generated by the patented product. Organizations such as the American Association of University Professors (AAUP) assist higher education faculty in developing contracts and understanding policy. For grade school educators, it is important to understand how to handle copyright in the classroom. For distance educators, care must be taken in formulating syllabi and teaching material in order to amply protect your copyrights over the material, from handouts to digital media. The existence of the fair use principle is under attack. Several large companies are trying to move the Supreme Court to disallow the use of copyright-protected material in any way, including fair use. In this case, an integral and essential freedom will be lost to the education community. Educators and students alike should work toward the protection of the copyrighted material and live up to their responsibilities in order to ensure that repeated infringement does not occur, perhaps damaging the fair use doctrine for future generations.

Libraries and copyright 
Librarians are in a unique position as the link between the producers of copyrighted material and consumers. The days when librarians could sit back and ignore the manner in which material was being used and downloaded are long gone. Some years ago, the band Metallica sued Indiana University-Purdue University, the University of Southern California, and Yale for allowing free music downloads from Napster.com (Bay, 2001). 

The universities blocked access to the site and Metallica dropped the lawsuit. With so much IP on their hands, it falls to libraries to try to educate their patrons about the need for responsibility. Producers, publishers, and database creators are facing hits from piracy and plagiarism, costing them a chunk of the profits. The financial squeeze is making them fight against perpetrators of the infringement by retaliating at the channels used by the perpetrators. The effect of the struggle is being felt in all areas of academia, but as direct mediators of content, libraries are first on the hit list. Since neither students nor faculty seem to have a clear idea about IP laws and the limited character of fair use, libraries must provide guidance to both groups. Additionally, librarians must be educated so they do not encourage patrons to infringe IP rights in any way.

Students and copyright 
Teachers tend to use the term "plagiarism" rather than "copyright infringement" but in a legal sense, it is the same thing. A student may find encouragement in the fact that so much information is easily available for copying from the Internet, school libraries, and reference lists provided by faculty. A distinction must be made in the use of these materials, however, and it must be clearly indicated the material is intended for reference only. The meaning and importance of referencing must be made known in order to reduce the risk of plagiarism and ensure that the school, library, and educators are not implicated in infringement cases. 

In a world where a great deal of digital and electronic learning, such as computer programming and hardware configuration, is self-taught, it can be difficult for a student to differentiate between rightful usage and infringement. Often video games are constructed in a way to allow the gamer to hack into the system and change the rules by which the game is played. Computer geeks nowadays know a great deal about breaking codes and security barriers to get to protected information. In this environment, freely available and published copyrighted material may seem like fair game to a young person. Distance education is susceptible to misuse because students may feel no one can watch their activities, since they are not on campus or the information made available through the course is unprotected. 

These students may, in fact, not be at a distance at all; they may simply live in the same geographical area, but are unable to take time to attend school on campus. If the distance learning is actually occurring at a distance, the university must take into account a number of laws before establishing a program. It is essential for schools to take action to change this mind-set by providing education on copyright and infringement (see our article [Lakhan and Khurana, 2007] for further information on the global state of IP education). This must be done with a view not only to protect the interests of the school, but also to inculcate knowledge in the student body and preserve the integrity of the education system. Awareness is key here, not only of the potential penalty for infringement, but also of the rights and responsibilities associated with IP.（essay代写)

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