After reading the Hudson Institute White Paper, I agree that the Copyright Office should be it's on entity. Due to the advancement in technology over the years, the Library of Congress has not been able to keep up with the needs of this office. The Hudson Institute White Paper quotes The Software and Information Industry Association, saying, "Despite the critical nature of the services provided by the Office, many of these services have failed to keep pace with technology and the marketplace. While the Office should be held accountable for its shortcomings to some extent, in truth many of these deficiencies have been caused by many years of budgetary neglect and structural deficits that would make it difficult for any agency to merely keep pace, to say nothing about modernization." (Hudson Institute, 2015). According to the Hudson Institute, the Copyright Office is not a priority of the Library of Congress. I can see where this can be a problem in today's times. The majority of an intellectual work, especially written, is published electronically. If the Library of Congress cannot keep up with technological advances for the purpose of fulfilling the requirements of the Copyright Office, then something should be changed. If the Copyright Office is able to be its own entity, then it would have it's own budget. If able to manage it's own budgetary needs and requirements, the Office will be able to in turn put priority on it's technology needs. This will allow better organization of information, and faster and easier application.
When discussing Copyright laws, it is important to know some key terms that are closely associated with copyrights. Plagiarism is when someone takes someone else's work or ideas as their own. Here is an example of plagiarism from Stanford University states "A student turned in a paper that was identical (except for cover sheet and typographical errors) to a paper submitted by another student to a different course the previous quarter. A teaching assistant who happened to TA both courses discovered the plagiarism. The student did not contest the facts or the violation. A Judicial Panel found the student responsible for violating the Honor Code. Sanctions: One-quarter suspension and 40 hours of community service." (Stanford University, 2019) Copyright Infringement is when someone reproduces or distributes someone else's work or display or perform their work publicly without appropriate permissions. An example of copyright infringement is The Modern Dog Design vs Target and Disney case. It states that "They (The Modern Dog Design) claim that Disney and Target used their design in a tee shirt they were selling, and also featured photos of the tee shirt on their web site. Their claim is against Target and Disney making unauthorized copies of the artwork for use on shirts." (Intellectual Property, 2019) "Attribution is the cornerstone condition when using a resource or text released with an open-copyright licence. This legal requirement states that users must attribute — give credit — to the creator of the work." (Aesoph, 2019) An example of an attribution is "Source – Paraphrase, Jeb Jones, a resident of the trailer park, said the sound of the tornado was terrifying." (Rogers, 2018) Transformation is when an original work has been changed to have new or different meaning, expression, insights or understandings. An example is "Libraries that provided a search engine company (Google) with books to scan were protected by fair use when the libraries later used the resulting digital scans for three purposes: preservation, a full-text search engine, and electronic access for disabled patrons who could not read the print versions. The three purposes for which the scans were used were considered transformative. The court also did not find any evidence of financial harm. Authors Guild v. Hathitrust, No. 1:11-cv-06351-HB (S.D.N.Y., October 10, 2012)." (Stim, 2015) Resources Aesoph, L. M. (2018, February 20). Self-Publishing Guide. Retrieved March 20, 2019, from https://opentextbc.ca/selfpublishguide/chapter/citation-vs-attribution/ [email protected]. (n.d.). Modern Dog Design vs Target and Disney. Retrieved March 20, 2019, from https://sites.udel.edu/cisc356/2015/04/29/modern-dog-design-vs-target-and-disney/ Rogers, T. (2018, December 22). How to Use Attribution Correctly as a Reporter. Retrieved March 20, 2019, from https://www.thoughtco.com/attribution-when-writing-news-stories-2074313 Stanford University. (n.d.). Sample Plagiarism Cases. Retrieved March 20, 2019, from https://communitystandards.stanford.edu/policies-and-guidance/what-plagiarism/sample-plagiarism-cases Stim, R. (2015, July 30). Fair Use: What Is Transformative? Retrieved March 20, 2019, from https://www.nolo.com/legal-encyclopedia/fair-use-what-transformative.html
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AuthorSecond Grade teacher and lifelong learner. Graduate student at Lamar University. Archives
April 2019
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