1. Working with ICT
Legal & ethical issues
B. P. Chauhan
Librarian, Thapar Institute of
Engineering &
Technology, Patiala
bpchauhan2000@yahoo.com
2. Learning outcomes
By the end of the lesson, you should be able to:
Address ethical, legal and other issues involved
in using the Internet
Have understanding of intellectual property
rights in digital environment
Explore possible solutions to address these
issues
3. Scope
What are the ethical, legal and other issues involved in
use of ICT?
Possible solutions to the ethical, legal and social issues
Recap of copyright provisions
Technology and Copyright
Situations where copyright issue become important in
Institutional activities
Myths and facts about copyright in digital environment
4. Netiquettes
Ethics governing Internet - acceptable behavior on
the Net, mostly related to use of e-mail and relay
chat
– For Example:
Be brief, keep paragraphs short
Try to use mixed upper and lowercase
Use CAPITALS & special characters for emphasis only
Do not SPAM or send junk e-mail
Refrain from flaming (sending hate messages)
Follow acceptable standards of politeness as used in all kinds
of communication
Be wary of virus hoaxes, urban legends and chain letters
5. Intellectual Property Rights
– Plagiarism – using somebody else’s work and claiming it as your
own
– Copyright Law – protection of the author’s original work
– Fair Use – reproduction of materials for educational and research
purpose
– Software piracy – theft and illegal reproduction of software
– File swapping – exchange of digital materials like audio and video
over the Net without the owner’s permission
6. Civil liberties
– issues regarding the rights of an individual
– Freedom of speech – ability to express oneself on the
Internet
– Personal privacy and records confidentiality– handling of
personal information, e-mail and other electronic
correspondence
in the USA the FBI uses a software named “Carnivore” to spy
on e-mail passing through ISPs
collection of user’s data i.e. personal information and browsing
habits by some software (spyware), and using it directly or
selling it for a profit
– Censorship – regulation or control of content
for example: use of blocking or filtering software
7. Cybercrimes (Computer facilitated
crimes)
– Hacking / Cracking – breaking-in to computer systems with
or without malicious intent
– Dissemination of Viruses, Worms, Trojan Horses, and other
similar destructive software
– Denial of service and other attacks
– Internet Fraud – false advertisement and malpractices of
individuals and companies
– Spamming – sending unsolicited e-mail
– Flaming – sending of hate messages
– Pornography – proliferation of obscene and indecent
materials
8. Digital Divide
Social and economic issues
Provisions for the handicapped and marginalized
– Accessibility issues with regards to the physically
handicapped
– The widening “digital divide” between the information rich
and information poor
Multilingualism
Charging for information – fee based information
resources and services
9. Digital Divide
Social and economic issues
Technological limitations
– Slow download due to small bandwidth and increasing
number of users
– Lack of standards with regards to software and interface
design
Other limitations
– Not all the information you may need is available on the
Internet
– Information on the Internet is not permanent; it may be
revised, edited, deleted, moved to a new directory, or
filename changed
– Commercialization and high cost of information services
10. Possible solutions
Creation of Internet Acceptable Use Policy in the
workplace, for staff and students
User and staff education regarding Intellectual Property
Rights and Copyrights issues
Respect of personal privacy and confidentiality of
personal information
Express consent for use of personal information
Vigilance and continuous education in the productive and
responsible use of the Internet
11. Possible solutions
Implementation of a system of safeguards against
deliberate or accidental damage to the system or data
Creation of programs and services that address the
needs of the handicapped and marginalized
Upgrade and maintenance of infrastructure, hardware
and software
Utilization of other information resources aside from the
Internet
14. Some issues in IPR digital
environment
Recap of copyright
IPR and E-learning
Teacher
Students
Libraries
Peer to peer sharing of files
E-publishing and open Access
Open Source and Open Access
Licensing
15. Nature of Copyright
Exclusive right given by law for a certain term of years to
an author, composer, designer, etc to
print, publish, and sell copies of his original work.
Applies to literary, dramatic, musical work, computer
program, artistic work, irrespective of the media-
paper, cinematographic films including sound track and
video films, records, CDs, tapes, DVDs, VCDs …
Given to a person or organization responsible for
creation/intellectual input, skill to a work.
16. Nature of copyright
Multiple nature of rights: bundle of different rights in the same work
To reproduce and store in any material form and medium
To issue copies to the public
To perform in public or communicate to the public
To make film or recording in respect of the work
Translation, adaptation and to do the above in respect of
translation and adaptation.
To sell or give on hire, or offer for sale or hire any copy of the
computer program, regardless of whether such copy has been
sold or given on hire on earlier occasions.
17. Nature of copyright
Ideas do not copyright (expressions have)
Author must have bestowed upon the work sufficient
judgment, skill and labour
Original work
No formal registration required
Universal (not territorial)
Immoral and illegal works are covered
Live events are not covered (performers right,
bootlegging)
18. Acts of infringement
Doing without license or permission Acts that the
owner has exclusive rights
(reproduction, communication, performance in
public, adaptation and translation)
Permits for profit any place to be used for
communication
Makes for sale or hire or sells for hire
Distributes
Exhibits
imports
19. Copying
Casual connection: objective similarity
Indirect copying: 2-D to 3-D, adaptation
Substantial copying: How much is reasonable? The
legislation does not specify a percentage that is
acceptable in all circumstances.
– The courts would look to see whether all or a "substantial
part" of the work has been copied.
– "substantial" can relate to quality just as much as quantity. A
small but key part of the work could be ruled by a court to
be a"substantial part
20. Exceptions to infringement
Fair dealing: private use (incl. research, criticism or review), reporting
in newspapers, broadcasting
Reproduction for judicial proceedings, for members of legislature
Reading or recitation of extracts in public
Publication in a collection for the use of educational institutions in
certain circumstances
By teacher or students in the course of instructions subject to certain
conditions
Performance in the course of the educational activities for staff and
students
Performance in amateur club or religious institutions for non-paying
audience
Playing sound recording in a closed hall for residents of the building or
in a club not-for-profit
21. Exceptions to infringement
Making up to three copies by public library if the book is not available
for sale in India
Reproduction of unpublished work kept in a library for private study or
research or publication. (author not known or beyond copyright)
Free reproduction of
Matter published in Official Gazette (expect legislation)
Legislation with commentary
Reports of committees/commissions laid down on the table of
legislature
Judgments of court, tribunal and other judicial authority
Translation of legislations if not published by the Govt
22. Exceptions to infringement-Computer
Programmes
Making copies or adaptation by the lawful
possessor
– In order to utilise for the purpose it was supplied
– Back up copies as a temporary protection against
loss
– For operating, interoperrability
– Observation, study and testing the functioning
– For non-commercial personal use
23. Role of technology in Copyright
Production and storage
Distribution
Infringement
Surveillance and detection
24. Technology in Production and
distribution
Online creation
Sharing and networking
Storage media
Encryption, codification and security
Authentication
License: access, distribution and use
Loans
25. Technology in infringement and
detection
Download
Data protection and corruption
Unauthorized use and distribution
Infringement is easy
Detection is easier than before
Allowing/facilitating others to infringe is also
infringement
26. Situation of use of IP in education
Use of third party IP in-
– Class room teaching
– Research
– Theses and publishing
Putting the contents on the site and/or using
in other internet media (email, listserv etc.)
Libraries and learning resources
27. Free resources and copyright
Internet, free sample, trial objects
Copyright exist
Implied or express license is required (GPL etc)
License restrictions
– Commercial use
– Commercial distribution
– Time/place
– Further use
28. Electronic Theses and dissertation
Ownership: student, sponsor, government,
institution
Free distribution and copying
Third party material: Liability
Instruments: license, assignment,
29. The Digital Library and copyright
E-resources
– License and permissions
– Archiving the downloads
– Copying: purpose
– lending of a computer program for nonprofit purposes by a nonprofit library, if each
copy of a computer program which is lent by such library has affixed to the packaging
containing the program a warning of copyright
– Lending and distribution of digital object; e-objects, archiving, journals
– Internet Access
Institutional repositories:
– Self-archival material
– Peer review system
– Self-managed system
– Moderated system
30. Digital Copyright:
Myths and Facts
Myth: The full text of the journal article was posted to
a discussion list. The person who posted it to the list
will have obtained copyright clearance.
Fact: It is incredible how often you see people asking
if anyone has a copy of an article that they are
looking for, and a helpful person then responds by
posting the full text of the article to the discussion list
on which the enquirer has made the request. They
might not have even considered the copyright
implications of their actions.
31. Digital Copyright:
Myths and Facts
MYTH: I am entitled to make a copy of the
work on my Website because I am not
charging people for the material.
Fact: If you publish someone else's work to
your own Website without
permission, copyright is infringed regardless of
whether or not you charge people for the
copied material.
32. Digital Copyright:
Myths and Facts
MYTH: I have only created a link to the document
rather than making copies of it. There are no potential
legal problems with doing that.
Fact: If the link is to a pdf, for example, it could be
argued that each time the link is clicked, the entire work
is being "published". There are plenty of legal hazards
from hyper-linking, particularly if you are using frames
technology. You could be accused of "passing off“
other people's material as your own.
33. Digital Copyrights
Myths and Truths
MYTH There is no copyright symbol on the
work, so it can't be protected by copyright.
Fact: Copyright protection is automatic.
There isn't a formal registration process that
an author has to go through to have the
rights to a work; nor do they need to put a (c)
on the work in order to claim copyright
protection
34. Digital Copyrights
Myths and Truths
MYTH Anyone can copy material on the
Web using fair dealing for research as a
defence.
Fact: Fair dealing for research or private
study is restricted to fair dealing for a non-
commercial purpose or private study.
35. Digital Copyrights
Myths and Truths
MYTH : The information is accessible to anyone on the World
Wide Web. It is therefore in the public domain and internet users
have an implied licence to copy the material.
Fact: Just because information is accessible on the Web, there
is no implied licence to copy it. Copyright material sent over the
Internet or stored on Web servers will generally be protected in
the same way as material in other media.
36. Digital Copyrights
Myths and Truths
MYTH: My whole site was designed by a
professional Website designer. I paid them for the
work, and therefore they will have checked that it
is alright to use the clip art, pictures, and other
material.
Fact: Not necessarily. Not all Website designers
will check that the material used has been cleared
for copyright purposes