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Jac Londe

17 U.S. Code § 106A - Rights of certain authors to attribution and integrity ... - 1 views

  • (a) Rights of Attribution and Integrity.— Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art— (1) shall have the right—
  • (A) to claim authorship of that work, and
  • (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;
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  • (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and
  • (3) subject to the limitations set forth in section 113 (d), shall have the right— (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
  • (b) Scope and Exercise of Rights.— Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.
  • (4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire.
  • (d) Duration of Rights.— (1) With respect to works of visual art created on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, the rights conferred by subsection (a) shall endure for a term consisting of the life of the author.
  • (2) With respect to works of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, but title to which has not, as of such effective date, been transferred from the author, the rights conferred by subsection (a) shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106.
  • (3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author.
  • (c) Exceptions.— (1) The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A). (2) The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence. (3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a).
  • (e) Transfer and Waiver.— (1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.
  • (2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.
Jac Londe

17 U.S. Code § 113 - Scope of exclusive rights in pictorial, graphic, and scu... - 10 views

  • U.S. Code › Title 17 › Chapter 1 › § 113 17 U.S. Code § 113 - Scope of exclusive rights in pictorial, graphic, and sculptural works
  • (a) Subject to the provisions of subsections (b) and (c) of this section, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise.
  • (b) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1977, as held applicable and construed by a court in an action brought under this title.
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  • (c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.
  • (d) (1) In a case in which— (A) a work of visual art has been incorporated in or made part of a building in such a way that removing the work from the building will cause the destruction, distortion, mutilation, or other modification of the work as described in section 106A (a)(3), and
  • (B) the author consented to the installation of the work in the building either before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, or in a written instrument executed on or after such effective date that is signed by the owner of the building and the author and that specifies that installation of the work may subject the work to destruction, distortion, mutilation, or other modification, by reason of its removal,
  • then the rights conferred by paragraphs (2) and (3) of section 106A (a) shall not apply.
  • (2) If the owner of a building wishes to remove a work of visual art which is a part of such building and which can be removed from the building without the destruction, distortion, mutilation, or other modification of the work as described in section 106A (a)(3), the author’s rights under paragraphs (2) and (3) of section 106A (a) shall apply unless—
  • (A) the owner has made a diligent, good faith attempt without success to notify the author of the owner’s intended action affecting the work of visual art, or (B) the owner did provide such notice in writing and the person so notified failed, within 90 days after receiving such notice, either to remove the work or to pay for its removal.
  • For purposes of subparagraph (A), an owner shall be presumed to have made a diligent, good faith attempt to send notice if the owner sent such notice by registered mail to the author at the most recent address of the author that was recorded with the Register of Copyrights pursuant to paragraph (3). If the work is removed at the expense of the author, title to that copy of the work shall be deemed to be in the author.
  • (3) The Register of Copyrights shall establish a system of records whereby any author of a work of visual art that has been incorporated in or made part of a building, may record his or her identity and address with the Copyright Office. The Register shall also establish procedures under which any such author may update the information so recorded, and procedures under which owners of buildings may record with the Copyright Office evidence of their efforts to comply with this subsection.
Maria Nuzzo

Three Elements of Great Communication, According to Aristotle - Scott Edinger - Harvard... - 99 views

  • Three Elements of Great Communication, According to Aristotle by Scott Edinger  |   9:00 AM January 17, 2013 Comments (78)         In my nearly 20 years of work in organization development, I've never heard anyone say that a leader communicated too much or too well. On the contrary, the most common improvement suggestion I've seen offered up on the thousands of 360 evaluations I've reviewed over the years is that it would be better if the subject in question learned to communicate more effectively. What makes someone a good communicator? There's no mystery here, not since Aristotle identified the three critical elements — ethos, pathos, and logos. — thousands of years ago. Ethos is essentially your credibility — that is, the reason people should believe what you're saying. In writing this blog I made an effort to demonstrate my ethos in the introduction, and here I'll just add that I have a degree in communication studies (emphasis in rhetoric for those who want the details) for good measure. In some cases, ethos comes merely from your rank within an organization. More commonly, though, today's leaders build ethos most
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    Three aspects of communication as outlined by Aristotle.
Jac Londe

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use | LII / Legal ... - 2 views

  • Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Ann Darling

NAEP Gets It One-Third Right -- THE Journal - 15 views

  • gets, the more the debate will stir and positive things can come of all this.
  • 9 Gail Desler California I look forward to following this discussion! Currently many school districts have the same keyboarding + MS Office requirement for tech proficiency shared above by Interested Parent. I think to continue with that model well into the 21st century is really the train wreck waiting to happen. I've read through the NAEP draft. as well as some of their referenced documents from ISTE, http://www.21stcenturyskills.org/ DOT , and the http://www.ncte.org/positions/statements/2 DOT 1stcentdefinition and am hopeful that the NAEP framework will promote the integration of technology literacy across the curriculum. Thanks for starting the conversation.
  • Wed, Sep 9, 2009 Dick Schutz http://ssrn.com/author=1199505 The framework defines technology as "any modification of the natural or designed world done to fulfill human needs or desires." I can't think of any human action that wouldn't fall under that definition The definition of technological literacy is "the capacity to use, understand, and evaluate technology as well as to apply concepts and processes to solve problems and reach one’s goals. It encompasses the three areas of Technology and Society, Design and Systems, and Information and Communications Technology." That's pretty much universal expertise. This is to be measured with a 50 minute test starting at Grade 4. The specs for the tests at Grades 8 and 12 merely get more detailed and more abstract. By the time this gets run through the Item Response Theory wringer we'll have results that are sensitive to racial/SES differences but not to instructional differences. I'll look forward to your forthcoming explanations of how this came to happen.
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  • The problem? Namely, this: With no established federal definition of technological literacy, most states have chosen to follow the National Educational Technology Standards (NETS) established by the International Society for Technology in Education (ISTE), and to create their curricula and assessments accordingly.
  • gical literacy that is very different from anything any state or No Child Left Behind (NCLB) envisioned. From the draft document: "In recent decades the meaning of technological literacy has taken on three quite different… forms in the United States. These are the science, technology, and society approach, the technology education approach, and the information and communications technology approach. In recognition of the importance, educational value, and interdependence of these three approaches, this framework includes all three under its broad definition of technological literacy."
  • Geoffrey H. Fletcher is the editorial director of 1105 Media's Education Group. He can be reached at gfletcher@1105media.com. Comments
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