Group items tagged

"Other resources: PDF of US Copyright Office circular "Works Made for Hire Under the 1976 Copyright Act" Text of US copyright law "Chapter 2 - Copyright Ownership and Transfer" Article: "Working with freelancers: What every publisher should know about the "work for hire" doctrine." A short analysis of Community For Creative Non-Violence v. Reid the seminal U.S. case on the topic Music Law.com's page on work for hire Legal information site's page on "Works Made for Hire Under the Copyright Act" Video: Protecting Your Work: Understanding Publishing, Copyright, and "Work For Hire"" Law Review article: "Pre-existing Confusion in Copyright's Work-for-Hire Doctrine" The Writing for Children Resource Site article: "The Work-for-hire question" EFF article: "Film Schools Teach Wrong Copyright Lesson" Academy for Creative Media FAQ on the Student Copyright Agreement KeepYourCopyrights.org page on Work for Hire Wikipedia article on work for hire"

Soprattutto interessante per le risorse.

"Welcome to the Weeks Pages for CyberOne: Law in the Court of Public Opinion. These pages will primarily be maintained by the Harvard Law School students enrolled in the course, but, as is customary with a Wiki, are available for anyone to edit. There will be (at least) one page for each week of the course. On these pages you can expect to find a presentation of all of the material from the particular week of the course including the video of the lecture (once it is available), notes from the class meeting, summaries and discussions of the readings, and more. We invite everyone to engage in open discussion of the week's materials on the discussion page for a given week. "

Descrizione del wiki in http://web.archive.org/web/20081013155047/http://blogs.law.harvard.edu/cyberone/course-materials/wiki/

«Hole in the Wall» interessante esperimento di quella che viene definita educazione minimamente invasiva. Esiste anche un libro "Il buco nel muro- come i bambini imparano usando liberamente il computer" dello stesso Mitra ed.Effatà.

Grande, e mi commuove, perché il Buco nel Muro indiano era fra i temi di discussione del primo corso online che ho seguito, nel 2003, "Development and the Internet" del Berkman Center for Internet and Society di Harvard - una specie di proto-MOOC i cui contenuti sono tuttora online: http://h2o.law.harvard.edu/ViewProject.do?projectID=64 . A quei tempi essere in oltre 200 partecipanti da tutto il mondo ci sembrava "massive"... e i muri erano muri veri, mica quello di facebook :D La discussione sul Buco nel Muro si trova in http://h2o.law.harvard.edu/viewThread.do?postId=3252#3322

Grande Claude, grazie per i link, sempre 1000 passi avanti! Ho letto recentemente il libro e mi ha colpito molto.

"CAPTIONING [+]About Captioning [+]Benefits of Captioning [+]Captioning Guidelines [+]Captioning Vendors [+]Research and Studies [+]Spanish [+]The Law DESCRIPTION [+]About Description [+]Benefits of Description [+]Description Guidelines [+]Description Vendors [+]Research and Studies [+]Spanish [+]The Law DESCRIBED AND CAPTIONED MEDIA PROGRAM [+]About the DCMP [+]History - Captioned Films for the Deaf, Captioned Films/Videos Program, and Captioned Media Program [+]History - Captioning Manuals and Guidelines [+]History - Closed Captioning [+]History - John Gough [+]History - Malcolm Norwood [+]Recommend Media to the DCMP ACCESSIBLE MEDIA UTILIZATION [+]For Educators [+]For Interpreters [+]For Other Consumers [+]For Parents"

DMCP = Described and Captioned Media Program. Vedi anche la pagina http://www.dcmp.org/about-dcmp : "Our mission is to promote and provide equal access to communication and learning through described and captioned educational media. The ultimate goal of the DCMP is for accessible media to be an integral tool in the teaching and learning process for all stakeholders in the educational community, including students, educators and other school personnel, parents, service providers, businesses, and agencies. The DCMP supports the U.S. Department of Education Strategic Plan for 2014-2018 by committing to the following goals: Ensuring that students (early learning through grade 12) who are blind, visually impaired, deaf, hard of hearing, or deaf-blind have the opportunity to achieve the standards of academic excellence. Advocating for equal access to educational media as well as the establishment and maintenance of quality standards for captioning and description by service providers. Providing a collection of free-loan described and captioned educational media. Furnishing information and research about accessible media. Acting as a gateway to Internet resources related to accessibility. Adapting and developing new media and technologies that assist students in obtaining and using available information.

"Introduction California school districts and County Offices of Education-collectively, Local Educational Agencies ("LEAs")-collect a vast amount of data in providing educational and related services. This data may include pupil records, medical records, financial information, and more. With the advent of individualized learning management systems, LEAs are sharing such data with third-party vendors more than ever before. There has also been a corresponding, and sometimes competing, increase in compliance measures to protect student data. This guide is intended to provide an overview and streamline some of the key laws governing student data privacy. Please note that the laws referenced herein may not be exhaustive. This guide contains information only and is not intended to provide legal advice, nor does it establish an attorney- client relationship. LEAs are encouraged to contact their legal counsel or member organization for any questions or clarifications concerning the content contained herein. This guide is also available electronically at www.f3law.com . This guide may be updated periodically; such updates may be found in the electronic version"

linked in http://www.edweek.org/ew/articles/2015/10/21/lessons-learned-from-security-breaches.html

"Starts: 3/31/03 Ends: Leaders: wendy Participants: 255 (view all) Description: This is the discussion rotisserie for the BOLD series "Development and the Internet." If you would like to join the series, please visit: http://cyber.law.harvard.edu/bold/devel03"

Example + comment: "This language is designed to grab all rights from a free-lance author or artist. The first clause purports to create a work for hire agreement, which would mean that the author has no rights left at all, ever (and cannot even get them back through the termination right). The second clause takes a belt-and-suspenders approach: if for any reason the work is not for hire -- which it would not be if the commissioned work did not fall within the statutory categories -- the author explicitly assigns all rights not only in this work, but in any work based on this work, for the full term of copyright, for the whole world."

The example is very close to the language of https://d396qusza40orc.cloudfront.net/translations%2FCoursera%20Translator%20TOS.pdf

"Starts: 3/31/03 Ends: Leaders: wendy Participants: 255 (view all) Description: This is the discussion rotisserie for the BOLD series "Development and the Internet." If you would like to join the series, please visit: http://cyber.law.harvard.edu/bold/devel03 If you are already a member of the project, please login above. ALL SOURCE MATERIAL FOR THE ROTISSERIE QUESTIONS APPEARS ON THE ABOVE SITE. The most interesting comments from the Rotisseries will be used on the WebBoard threaded discussion as well. Enjoy! NOTE: If you have received any emails from "Bug Fixing", please disregard them. We apologize for any inconvenience!"

"by Lauren Lindstrom, The Blade/TNS | February 5, 2016 TIFFIN, Ohio - A judge has ordered Seneca Re-ad Industries Inc. to pay more than $54,000 in damages and back pay after ruling that the sheltered workshop wrongly set subminimum wages for three of its employees with disabilities. Judge Steven D. Bell, an administrative law judge for the U.S. Department of Labor, ruled this week that the employer was not justified when it paid three of its employees below minimum wage. He also ruled that the subminimum wages were not accurately assessed. The case involves three employees of the Seneca Re-Ad Center, a sheltered workshop in Fostoria. In a petition filed in November with the Department of Labor, the employees said their disabilities, which include visual impairment and Asperger's syndrome, did not interfere with their work productivity and they should be paid minimum wage."

The Holy See delivered this statement on 18 June 2013 at the Marrakesh Diplomatic Conference on a WIPO Treaty for the Blind. Statement by His Excellency Archbishop Silvano M. Tomasi Permanent Observer of the Holy See to the UN and Other International Organizations in Geneva at World Intellectual Property Organization Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities Marrakech (Morocco) "...Mr. President, The primary goals of the copyright system is the dissemination of creative works to enhance the common good. Copyright has never been an end in itself. Increasingly, technological developments have strained the capacity of copyright law to limit the ways in which the public accesses creative works. As stated by Jean Paul II, in his Encyclical Letter Laborem Exercens, "It would be radically unworthy of man, and a denial of our common humanity, to admit to the life of the community, and thus admit to work, only those who are fully functional. To do so would be to practise a serious form of discrimination, that of the strong and healthy against the weak and sick" [2] . Since all persons are called to contribute to society, it is fundamental to create an international instrument that could give even to impaired people a variety of opportunities to discover their potential, understand their environment, discover their rights and put to the best use their talents and resources both for personal fulfilment and for their contribution to society. This common good must be served in its fullness, not according to a reductionist vision subordinated only to the advantage of some people; rather, it is to be based on a logic that leads to the acceptance of a comprehensive responsibility. "The common good corresponds to the highest of human inclinations [3], but it is a good that is very difficult to attain because it requires the constant ability and effort to see

La difesa incondizionale da parte del Vaticano di un trattato OMPI per i ciechi e altre persone che non possono adoperare testi stampati è particolarmente interessante: in incontri precedenti su questo trattato - sotto il Papa precedente - il Vaticano si era allineato sui paesi ricchi del cosiddetto "Gruppo B" dell'OMPI nel chiedere di seppellire questo trattato.

Fantastica serie di 16 video YT su tutti i problemi che possono crearsi con la Flipped class. Considerate il primo titolo: "E se i miei studenti non guardano i video?" In inglese.

Interessante ... però questi filoneisti dovrebbero controllare se non stiano reinventando l'ombrello. Vedi http://cyber.law.harvard.edu/cyberone/wiki/Weeks_Pages . Questa pagina del wiki del corso Cyberone - Law in the Court of Public Opinion (autunno 2006) di Charles e Rebecca Nesson a Harvard elenca le sottopagine di approfondimento per ogni settimana del corso: ciascuna delle quali comprende una sezione di appunti sui video. CyberOne 2006 non era né un "MOOC" né una "flipped class" perché allora quei termini non c'erano (e il famigerato numero di TIME sul Web 2.0, con "The Person of the Year is... [pezzo di plastica riflettente] You" in copertina, è arrivato solo qualche mese dopo, a dicembre 2006). Era un corso con risorse online condivise e tre categorie di studenti: quelli che seguivano le lezioni ed esercitazioni in aula al Berkman Center, gli "Extension students" cioè iscritti alla formula "a distanza" del corso, e gli "At Large students", che potevano partecipare a una lista di discussione, ad attività in Second Life e anche a quel wiki (non ho idea di quanti At Large students fossimo, ma è stata una grande esperienza) Altra cosa: nel autunno 2006 non c'erano nemmeno strumenti online per una facile annotazione collaborativa dei video: Mojiti (poi rapidamente scomparso) è di dicembre 2006, DotSUB - web app di sottotitolazione, quindi dirottabile per prendere appunti anziché sottotitolare - del 2007. E Universal Subtitles (adesso Amara), ancora più comoda per questo tipo di dirottamento, è del 2010. Però oggi DotSUB e Amara ci sono. Allora non si dovrebbe parlare di annotazione collaborativa di video senza menzionarle, e soprattutto senza menzionare nemmeno la possibilità ancora più vecchia di adoperare un wiki per queste annotazioni collaborativa.

"Why a supposed German breakthrough in e-book DRM is just as dumb as the old e-book DRM By Cory Doctorow | Jul 06, 2013 " > The idea that copyright owners might convince a judge, or, worse, a > jury that because they found a copy of an e-book on the Pirate Bay > originally sold to me they can then hold me responsible or civilly > liable is almost certainly wrong, as a matter of law. At the very > least, it's a long shot and a stupid legal bet. After all, it's not > illegal to lose your computer. It's not illegal to have it stolen > or hacked. It's not illegal to throw away your computer or your > hard drive. In many places, it's not illegal to give away your > e-books, or to loan them. In some places, it's not illegal to sell > your e-books. > > So at best, this new "breakthrough" DRM scheme will be ineffective. > But worse, what makes anyone think this kind of implicit fear of > reprisal embedded within one's digital library is acceptable, or, > for that matter, preferable to old-school DRM?

"If there is no signed written agreement, then the work isn't for hire, and you start out with all the rights. If there is a written agreement, it should be entered into before you create the work. Beware of after-the-fact attempts to take away your rights by calling the work "for hire," for example by sending you a check whose endorsement line says that your signature is your agreement that the work was for hire."

Cf. https://d396qusza40orc.cloudfront.net/translations%2FCoursera%20Translator%20TOS.pdf , l'accordo imposto da Coursera ai volontari che traducono i sottotitoli dei video di lezioni.

"The gatekeeper sees that the man is already dying and, in order to reach his diminishing sense of hearing, he shouts at him, "Here no one else can gain entry, since this entrance was assigned only to you. I'm going now to close it.""

"The Ultimate Section 508 Guide for Students In 1973, the United States government passed a sweeping piece of legislation known as the United States Workforce Rehabilitation Act. Intended to aid those with disabilities, this legislation provides funding for ...vocational rehabilitation, supported employment, independent living, and client assistance (and) authorizes a variety of training and service discretionary grants administered by the Rehabilitation Services Administration. As technology advanced, and both the workplace and society as a whole underwent significant changes, the need of those with disabilities also evolved. In order to foster equal access to the Internet and related technologies for all, the government added Section 508 to the Workforce Rehabilitation Act in 1998. What is Section 508? As amended by the Workforce Investment Act of 1998 (P.L. 105-220), Section 508 ...requires federal agencies to develop, procure, maintain and use electronic and information technology (EIT) that is accessible to people with disabilities - regardless of whether or not they work for the federal government. In short, federal law requires government agencies to create and use electronic devices, and content developed to be used with them (e.g., websites, media files, etc.), that people with disabilities can readily access. "

Questa guida è scritta in lingua molto semplice e illustrata da video, mentre la sezione 508 dell'ADA (Americans with Disabilities Act, un po' come la legge Stanca in Italia) in legalese originale è più difficile da capire.

"if the world's governments continue to insist that wiretapping capacity must be built into every computer; if the state of California continues to insist that cell phones have kill switches allowing remote instructions to be executed on your phone that you can't countermand or even know about; if the entertainment industry continues to insist that the general-purpose computer must be neutered so you can't use it to watch TV the wrong way; if the World Wide Web Consortium continues to infect the core standards of the web itself to allow remote control over your computer against your wishes-then we are in deep, deep trouble. The Internet isn't just the world's most perfect video-on-demand service. It's not simply a better way to get pornography. It's not merely a tool for planning terrorist attacks. Those are only use cases for the net; what the net is, is the nervous system of the 21st century. It's time we started acting like it."

"The US Department of Justice's (DOJ) Civil Rights Division is doing everything that it can to make the web and information technology (IT) more accessible to people with disabilities. One of the most effective ways to achieve this goal is by following up on complaints submitted by citizens who feel their rights to use the internet are being denied by an organization's inaccessible technology. A landscape portrait featuring Berkeley's Campanile tower in the foreground and a rainy San Francisco Bay in the background That's exactly what happened when, in October 2014, the DOJ began investigating the free, public MOOC (Massive open online course) system offered by University of California, Berkeley when deaf and hard of hearing individuals complained they could not access the audio and video content on the site. On August 30, 2016, the DOJ submitted a 10-page letter to the administration at UC Berkeley stating that they had found the university's MOOC content to be in violation of Title II of the Americans with Disabilities Act (ADA) which protects disabled people from discrimination. Legal Context: How Are MOOCs Subject to Accessibility Laws? The laws surrounding free online course content accessibility are not explicit."

L'articolo descrive il contesto e gli aspetti giuridici del confronto sull'accessibilità tra Dipartimento della Giustizia US e l'Università di Berkeley.

"BOLD 2003: Development and the Internet Module I Architecture Module II Entrepreneurship Module III LearningModule IV Policy Module V Conclusion"

"...Our vision is to encourage the growth of a more open set of intellectual communities than those spawned by the traditional university system. In particular, we focus on the ideal of introducing inventive methods of interaction to allow these communities to form in new ways. Rather than segregating users based on which university they happen to attend (or indeed, whether they happen to attend a university at all) or even the large subject areas encompassed by university classes, the system allows users to interact with one another in focused ways based on the specific ideas they are addressing at the time: users can gather around the specific details of a recently passed piece of legislation or the implications of a particular article, rather than around larger subject blocks. H2O encourages users to share the content they create through these interactions by making archives of previous materials easily available and browsable and by enabling the sharing of content among different intellectual communities. ..."

"...Teachable moments As is often the case in awkward cases - where the system does not quite work as intended - a few things can be drawn from this episode. YouTube's Content ID system - http://youtube-global.blogspot.co.uk/2012/10/improving-content-id.html - is, in fact, intended to act as a buffer between the sometimes conflicting interests of content holders and uploaders: rather than forcing content holders to either ignore infringing content or go straight to a DMCA takedown notice. YouTube compares content that is uploaded to huge numbers of files of copyright works supplied by content owners, as do external agencies contracted to content owners. Content owners are able to set their own parameters, and determine what action YouTube should take - whether that is allowing, monetizing or blocking the content. One problem with this setup is that mechanical systems, while necessary to sort the vast amount of content being uploaded to YouTube and other video sharing sites every moment, are short on nuance. One can make assumptions and built rules based on quantifiable properties - if there are five minutes of rightsholder-owned content scattered across a 30 minute video, for example, that content is more likely to be being used for illustrative purposes in a review than uploaded in an infringing fashion - but ideas like fair use are generally decided by humans, and can only be approximated by mechanical systems. So, the rights holder, the agency pursuing monetization on the rights holder's behalf, the uploader and YouTube have connected but not identical interests. This may go some way to explaining the lacunae which took this example from a formality to a three-month epic. And, in this particular case, there are unusual elements - for example, the double claims, for first audiovisual and then visual content. The system is not intended to enable this kind of double jeopardy

Daniel Nye Griffiths descrive un caso reale di disputa sul copyright nel caso di un remix video pubblicato su YouTube. Da lì, spiega come funziona il sistema YouTube che individua possibili violazioni di copyright ma consente anche di contestare tali individuazioni. Ci sono anche link alle fonti dirette. Cosa buffa: il caso reale riguarda il copyright di una serie TV intitolata "The Twilight Zone", l'area crepuscolare tra giorno e notte. Sono capitata su questo articolo cercando di capire se un episodio del 1960 di questa serie era ancora sotto copyright oppure era caduto nel pubblico dominio. Prima avevo provato con lo strumento Digital Copyright Slider dell'associazione delle biblioteche US - http://librarycopyright.net/resources/digitalslider/ - che aveva cautamente risposto "Forse", con una nota che spiegava che dipendeva se il copyright originale era stato rinnovato, e link a lunghi e complessi documenti su come fare per scoprirlo... quindi sono tuttora nella "Twilight Zone" in merito.