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1.
Abstract

Between 1996 and 2001 over $13 trillion dollars was invested in information and telecommunications industries based on the vision of expanding markets and a pro competitive law know as the Telecommunications Act of 1996 ("'96 Act"). Since 2001 investment has substantially shrunk along with expectations about growth and new opportunities in converging information, communications and entertainment ("ICE") industries.

This paper identifies how stakeholders and governments made false assumptions about the near term future of telecommunications demand and the prospects for seamless convergence of information and telecommunications technologies and markets. The paper provides suggestions on how national legislatures and regulators should respond to current circumstances.  相似文献   

2.
Summary

A librarian's duty to avoid the unauthorized practice of law limits what reference services can be provided. Traditional approaches to reference services are being influenced by new initiatives in delivering legal services and information. Pro se patrons and the reference librarians who serve them benefit from the web-based resources, authorized non-lawyer assistance programs, and other innovative programs now available. Identifying new resources and using them effectively should enable a librarian to provide excellent reference service while avoiding the unauthorized practice of law.  相似文献   

3.
Abstract

The objective of this paper is to identify alternative models of regulation that address the problems and opportunities brought about by convergence. Regulatory convergence involves bringing together previously separate industry‐based regulations into a single legal and regulatory framework. Regulators need to consider different levels of and objectives for regulating sectors as well as overcome inconsistencies in regulation that result from traditional separation. These can result in regulatory arbitrage as companies try to choose the laws and bodies that most benefit them. Regulators also must deal with technological uncertainty and competition policies. There are five alternatives for regulating converging industries: status quo regulator, multi‐sector regulator, ICT regulator, coordination among regulators, and minimal regulation. Each of these represents different degrees of change that can be chosen based on circumstances including: competition, path dependency, perceptions about the environment, knowledge, and power.  相似文献   

4.
Abstract

All members of the Interlibrary Loan department need to be aware of current copyright law and related guidelines. Within the past ten years, there have been significant changes to the copyright laws (Sonny Bono Copyright Term Extension Act, Digital Millennium Copyright Act, TEACH Act, etc.), which have had an impact on the provision of library services, including ILL. Chapter 5 provides extensive background on the provisions of copyright law applicable to interlibrary loan, and also provides practical examples of how those laws and regulations are applied on a daily basis within the ILL department.  相似文献   

5.
Abstract

Librarians with an interest in electronic reserves were, for the most part, disappointed by The Technology, Education and Copyright Harmonization Act (TEACH Act). The Act provided classroom instructors with relatively clear guidelines as how they could use copyrighted materials online classes without violating the law. Mention of libraries, however, was conspicuously absent and the Act offered no direct guidance for what sort of library materials could be placed on the Internet. The guidance it offers though is more indirect. It gives some sense of how the legislative branch views the rights and responsibilities of educators in the use of online materials. It will offer guidance to the judiciary when, inevitably, a copyright dispute involving electronic reserves ever goes to court. It is important that librarians understand the TEACH Act and what it meansto education.  相似文献   

6.

This article is an examination of electronic privacy, specifically as it relates to e‐mail and related communication issues in the computer environment. Since the passage of the Electronic Communications Privacy Act of 1986 (U.S. C. 18, §§ 2510–2711), there have been questions raised as to whether the Act goes far enough in protecting privacy.

The article attempts to clarify the status of e‐mail privacy under the ECPA. It examines current law and the paucity of definitive case law that until now has left the ECPA untested. A review of cases and literature suggests there is a gap in the existing ECPA that allows for potentially abusive electronic monitoring and interception of e‐mail, particularly in the workplace. “Electronic Mail, Privacy, and the Electronic Communications Privacy Act of 1986: Technology in Search of Law.”;  相似文献   

7.

This study explores the large horizontal mergers in the cable industry that have catapulted some large multiple system operators toward substantial market power in the exhibition stage of the industry without much response from antitrust authorities. It reviews the mergers and analyzes the antitrust implications for the industry.  相似文献   

8.
ABSTRACT

Since the U.S.A. PATRIOT Act was signed into law in October, 2001, library administrators have become increasingly concerned that staff–especially student employees–continue to protect the confidentiality of patron records. Administrators have also become increasingly concerned that when law enforcement officials provide paperwork giving them legal access to patron records, staff take steps both to divulge no more information than is necessary and to protect the institution from liability. In response to these concerns, the University of Colorado, Boulder, created an easy-to-understand and easy-to-use document for its public services student employees. This article describes the process by which that document was created, how it was introduced to staff and student employees, and what additional steps are planned for the future. Finally, the document itself is included as a possible model for other institutions that may wish to create procedural guidelines for student employees.  相似文献   

9.
A strong copyright regime is crucial for the development of local print publishing industry. However, piracy and other acts of copyright infringement are prevalent in the print publishing industry which denies creators and right owners from fully enjoying the reward of their labor and investment. This study therefore seeks to explore the acts of copyright infringement; enforcement provisions in the Copyright Act, 2005, 690 [10]; assess publishers and stakeholders understanding of these provisions and to identify the challenges in enforcing copyright in the Publishing Industry. The study adopted both questionnaires and interviews as research instruments. Seven institutions and organizations were interviewed, and questionnaires were administered to 43 individual companies within the book trade. The research subjects were sampled using the purposive and stratified sampling methods respectively. Findings from the study indicate that acts of copy infringement in the book publishing industry in Ghana have caused tremendous financial loss to the rights owners. Evident from the analysis are the difficulties associated with enforcing the law due to lack of awareness of the law by the right owners, and lack of awareness and expertise by enforcement agencies. The study recommends public awareness campaigns for the public and stakeholders in the industry. It is also important that training is given to law enforcement agencies and the support of stakeholders enlisted in enforcing the law.  相似文献   

10.
Summary

This article asks whether the law governing public access to judicial opinions mandates citation reform. An overview of the citation reform issue is provided followed by a discussion of various legal theories that may support the need for citation reform. The author includes considerations of the First Amendment, Substantive and Procedural Due Process, Equal Protection, The Freedom of Information Act and Copyright Law as well as state statutory provisions and the general common law.  相似文献   

11.
Abstract

Presents the basics of modern copyright law and ways in which the 1998 Digital Millennium Copyright Act (DMCA) changed the law. Focuses on the DMCA's prohibition of circumvention and file sharing and how this has impacted libraries. Discusses efforts to re-establish a copyright balance between creators, publishers and consumers, especially through proposed legislation and the open access movement. The impact of the DMCA on libraries is weighed, and calls for librarians to be more vigilant in opposing efforts to legalize digital rights management software.  相似文献   

12.
On Saturday, November 2, 2002, President Bush signed into law, in the form of TEACH (the Technology, Education, and Copyright Harmonization Act of 2001, S. 487)1, legislation representing a significant reform of the copyright landscape as it applies to distance education, and the use of protected material, analog, but especially digital. This article presents a review of its provisions. It is a complex piece of legislation, creating an assertive myriad of new compliance and use conditions to which an institution must adhere before it can experience any benefit from TEACH.1  相似文献   

13.
The culture of media entertainment, as exemplified in the Lord of the Rings and Star Wars film franchises, is being infused with new modes of authorship, production, marketing, and consumption that are characterized by Internet fan clubs, online producer‐consumer affiliations, and real‐world legal controversies over the proprietary ownership of digital bits of information. To analyze these new interactive patterns being employed by two competing media franchises, Bourdieu's theory of cultural production is supplemented with Jenkins's study of participatory fandom. Then, the contested nature of computer‐mediated communication is explored using a model that brackets the opposing potentialities of Internet influence on offline society.  相似文献   

14.
Abstract

This article delves into a few areas of copyright law that academic authors often overlook: joint author’s rights and the work made for hire doctrine. Scholarly publications produced by university professors often include more than one author. The default copyright laws apply to any such works if there is no specific written agreement to the contrary. Thus, it is important to understand what those default rules are in order to determine whether it is appropriate to deviate from them in an author agreement. Similarly, the work made for hire doctrine would normally apply to make all work produced by professors owned by the university. Luckily, many universities do not wish to own such work and give it back to professors through university statutes and other governing documents. However, it is crucial to understand whether the default rules apply or the university permits professors to negotiate their own author agreements with publishers. Finally, if authors own their own scholarly works, publishers can expect that they will negotiate their rights in the publishing agreements to benefit the terms most favorable to the author. And yet, many faculty members simply sign a standard authorship agreement without asking for concessions on the part of the publisher. Thus, this article empowers professors to exercise their copyright rights to the full extent of the law and to negotiate their author’s agreements to benefit themselves and society as a whole through open access and the use of Creative Commons licenses.  相似文献   

15.

Cable regulation should be based on the unique characteristics of cable, the rights of speakers to be as free as possible from government regulation, and a First Amendment theory that recognizes the public's right to a diverse marketplace of ideas. As a consequence, it is recommended that cable be defined as a limited public forum to include both the utility poles/conduits and the attached coaxial cable. This approach suggests that de facto monopoly franchise agreements and franchise fees are unconstitutional, but that limited access channel requirements such as one or two public access channels would be constitutional.  相似文献   

16.
ABSTRACT

Arthur Beardsley was one of the early giants of academic law librarianship. He developed one of the great law libraries in the country and began the process that would develop the University of Washington law library into the cradle of law library directors.  相似文献   

17.
Abstract

ILL activity is governed by local, state, and national agreements and codes. Chapter 2 discusses the importance of national and statewide ILL codes of conduct, and also covers laws and regulations (confidentiality, the PATRIOT Act, HIPAA) germane to interlibrary loan.  相似文献   

18.
《The Reference Librarian》2013,54(67-68):257-271
Summary

The Americans with Disabilities Act of 1990 (ADA) motivated libraries all over the United States to evaluate their accommodations and services to patrons with disabilities. This article presents a case study of the Texas Tech University Libraries project to meet the needs of their patrons in relation to ADA. The study focuses on including adaptive technologies in the library environment to aid blind, hearing, visually and physically-impaired patrons and increasing library staff awareness of the needs of patrons with disabilities. Findings from the study will also benefit school, public, and special libraries that are evaluating their access for patrons with disabilities.  相似文献   

19.
On his first full day in office, President Obama issued a Memorandum on Transparency and Open Government calling on his administration to develop recommendations that would “establish a system of transparency, public participation, and collaboration.” Together, the recommendations would be used to create an “Open Government Directive” instructing agencies to transform themselves to become more transparent, collaborative, and participatory. The President also issued a Memorandum on the Freedom of Information Act (FOIA). These statements did not spring ex nihilo from President Obama and his aides (or even from the army of organizations and individuals who advised them or submitted recommendations during the transition). They have a basis in extant law and regulation, and it this basis at which this article looks.  相似文献   

20.
ABSTRACT

The new, social Web is fun and easy to use. The same cannot usually be said of library Web sites and digital resources. Libraries would benefit from incorporating aspects of the Read/Write Web into their services. This article examines how libraries currently erect barriers to service and provides an example of how these barriers could be eliminated by the creation of a social library research environment.  相似文献   

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