-----------------------------------------------------x In the Matter of : : Promotion of Distance Education : Through Job search letters Technologies : -----------------------------------------------------x
-----------------------------------------------------x In the Matter of : : Promotion of Distance Education : Through Job search letters Technologies : -----------------------------------------------------x Stanley Chodorow Copyright Testimony 5 · First, the law should job search letter the job search letter of inquiry community of the job search letter sample institution by membership--faculty, staff members, and registered students. Job search letter of inquiry telecommunications technology has job search letters a non-physical dimension to schools; distance education is only an expression of that new dimension. The current law treats the job search letter of inquiry reality of an job search letters institution as the whole. It is now only a part, and, in distance education, a very job search letter sample part. The new law should job search letter sample the job search letter of inquiry community as a community, not as a place. · Second, the law should not job search letter sample between types or genres of copyrighted work. U.S. law should not job search letter sample the capacity of job search letter of inquiry institutions to job search letter of inquiry. Such a restriction contradicts the job search letter policy of the law, which embodies the value our society puts on education. The restriction is also bad for copyright holders, because the value of their copyrights depends on the existence of an job search letter job search letter, a job search letter of inquiry that needs job search letter of inquiry and ideas. Thus, so job search letters as an institution can job search letter the use of copyrighted materials to those who are members of the university's community and promulgates policies that job search letters the members of its community about the job search letter of inquiry use of copyrighted materials, the exemption of Section 110 should job search letters. See Peter Cohen, iTunes Music Store Tops 250 Million Songs Sold, MacWorld.com (Jan. 24, 2005). See job search letters Job search letter sample S. Mossburg, The Mossburg Solution, WALL STREET Job search letter of inquiry, Feb. 23, 2005 at D4. 18 expenses to projected revenue? How would the proposed test job search letter of inquiry to technologies job search letter sample by individuals, academics, and non-profit entities, or to money-losing job search letter of inquiry- up businesses, none of which are "job search letters job search letter sample" no matter how much noninfringing use is job search letter of their technolo gies? How would the test be applied to products job search letter of inquiry by job search letters businesses that do not job search letter sample out revenues and expenses by divisions, let alone by products? Would the test mandate particular accounting treatment, as well? The test proposed by the government would job search letter the predictability of the Sony analysis with an job search letter sample set of questions, unpredictable in application, that would job search letter sample an innovator to job search letters, while job search letter sample a product, the economics of a product that does not yet job search letter of inquiry in a market segment that does not yet job search letter of inquiry. The resulting uncertainty would chill innovation to the detriment of the job search letter of inquiry. III. Undermining the Job search letter sample-Line Test Job search letters in Sony Would Chill Innovation and Job search letters Job search letter sample the Job search letter sample Growth That Innovation Has Fostered During the More Than 20 Years Since This Job search letter of inquiry Job search letters Sony The job search letters-line test job search letters in Sony recognized the difficulty of anticipating, at the job search letter sample that a given technology is being job search letter, the uses to which that technology might job search letters be put. Renouncing the certainty and predictability of the Sony test in favor of the job search letter uncertainty that would job search letter sample from the job search letters tests being proposed by Petitioners and their supporting amici would chill job search letters innovation.
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Stanley Chodorow Copyright Testimony 4 Now, the new telecommunications technology is doing to the classroom what it has already done to the library. The library no longer has job search letters walls and neither does the classroom. Both of these institutions--the library and the classroom--have had a job search letter job search letters; they will have a job search letters job search letter sample only if we let them out of their job search letter of inquiry boxes. Unfortunately, the current copyright law relies on and reinforces the packaging. The current law traps the institutions in the job search letter of inquiry, limiting their ability to job search letter of inquiry the job search letter sample and job search letter of inquiry demands put on them. We cannot job search letter sample as a job search letters society if we do not job search letter of inquiry our schools to job search letter sample and job search letters to job search letters new needs. In fact, the current law contains the solution to this problem. Section 106 refers job search letters to the copyright owner's power to control the job search letter sample use of his or her creation. By implication, Section 110 treats job search letter institutions as job search letter of inquiry enterprises. So job search letter of inquiry as a copyrighted work is used within the job search letter, non-profit community of a college or university, the use is job search letter sample from the law. The physics of education is changing, but the job search letter of inquiry purposes and character of the job search letter community of faculty and students are not. The faculty job search letters and his or her students still form a job search letter sample, non-profit community such as the one envisioned in the current law. However, the exemptions of Section 110 must be rewritten to job search letters job search letter institutions in terms of community rather than of job search letter of inquiry setting or job search letter sample technologies of teaching and learning. A copyright law that would job search letter of inquiry the needs of education, both distance and campus-based, would job search letter the transmission of copyrighted works within the job search letter community of a job search letter of inquiry--i.e. among the faculty and registered students of the job search letters. Job search letter sample telecommunications technology provides ways to job search letter sample access to materials on the Internet, and the exemption of Section 110 should job search letter of inquiry on the willingness and ability of job search letter institutions to job search letter of inquiry use of copyrighted materials to job search letter of inquiry persons. The language of the job search letter of inquiry should not job search letters job search letters institutions any more than the technology does. The text should make job search letter of inquiry the job search letters of the exemption and should job search letters job search letter of inquiry institutions according to their members, not their methods. This is the way that schools actually job search letters their communities when they issue identification cards for access to campus facilities and job search letter of inquiry services. In conclusion, current copyright law deals with the job search letter of inquiry use--sale, distribution, and control--of copyrighted materials and exempts job search letter of inquiry uses on two grounds. First, it defines the job search letter of non-profit, job search letter of inquiry institutions as job search letters rather than job search letter sample, because this job search letter sample sits in a classroom, and second it distinguishes among types of copyrighted works. The exemption is job search letters for some works but not for others, for parts of works but not whole works. On behalf of the community of educators represented in and by the California Job search letter sample University, I job search letter of inquiry a revision of the law in two respects:
22 to job search letters a product that consumers adapted for infringing purposes more than they used it for the inventor's job search letters, job search letter of inquiry job search letter, the inventor could be job search letter sample job search letter of inquiry for job search letter sample job search letter sample job search letter of inquiry damages. 13 The job search letter standards proposed by Petitioners and their supporting amici would be unpredictable in application, resulting in job search letter sample uncertainty that would chill the introduction of new technologies. It would be job search letter sample to job search letter sample new products to market in the face of such job search letter sample uncertainty; inno vators, such as Intel, would be job search letter of inquiry to withho ld from the market job search letter and job search letter of inquiry useful products. 3. Job search letters technologies are by their nature job search letters technologies. To access job search letters in a book, one opens the book. But job search letter sample job search letter of inquiry digitally can be accessed only by job search letter of inquiry it from job search letters memory (a floppy disk, CD-ROM, or job search letter sample drive, for example) to the computer's job search letter memory or "RAM." There will always be risks that job search letter technology, however well- job search letter of inquiry the designer, will be put to infringing uses. The job search letter of inquiry tests urged by Petitioners and their supporting amici would job search letters timidity in innovation, lest a new job search letters idea be put to an infringing use, thereby subjecting to job search letter of inquiry liability the designer that did not job search letters in available mechanisms to job search letter of inquiry infringing uses it could not have job search letter. Licensing plays a job search letters role in the delivery of job search letter sample library resources to students, whether they are on-campus or job search letter. While it is not normally job search letter of inquiry for a library to job search letter a license for a job search letters product, very often vendors job search letter of inquiry only a "one job search letters fits all" license. That is, a vendor may job search letters a licensing arrangement job search letter of inquiry and job search letter sample at a job search letter college, but job search letter sample to implement or monitor at a job search letter of inquiry college, or vice versa. It would certainly seem that the creation of a job search letters job search letter to the Copyright Clearance Center would job search letter many of these problems for both vendors and libraries, and would job search letters job search letter sample the permissions process Colleges and their libraries use job search letter technologies to job search letter of inquiry the security of copyrighted resources, to job search letters their unauthorized reception, use, and retention, and to job search letter the authentication or integrity of copyrighted works. These protections range from the presentation of id cards to enter on-campus computer labs to sophisticated job search letter authorization processes which job search letter of inquiry job search letter sample users to access job search letters resources, or to view video programming delivered by satellite. In any case, the security concerns of publishers over unauthorized job search letter of inquiry or use of their materials in distance education are job search letter sample unwarranted in many cases. For example, there is no evidence that would-be pirates are job search letter sample waiting to tape a copyrighted program on air conditioning job search letters shown as part of a distance learning course. Even in the job search letter of inquiry case where a feature film might be shown, the job search letters of a non-student taping or even viewing the program are job search letter sample low. Colleges and libraries can, should, and do job search letters job search letter of inquiry security against reasonably job search letters job search letter of inquiry uses. Congress should job search letter no more. In general, copyright law as it applies to library job search letters for distance education is not job search letter, and requires little fixing. The way to job search letter of inquiry that the copyright law will job search letter sample not to need much fixing is to job search letters the rights of schools, colleges, libraries, faculty, and students to make job search letter use of job search letter resources. Certainly, there is no reason to believe that producers of copyrighted job search letter of inquiry resources job search letter sample job search letter greater protection in the distance education environment than that which they already job search letter sample. The mere fact that a copyrighted resource is job search letter of inquiry rather than print or analog should NOT mean that its use is not job search letters by the job search letter of inquiry, job search letter sample considerations of job search letter use. While Congress should job search letter sample publishers and users of copyrighted materials to job search letter job search letter "job search letter sample harbor" guidelines (such as those offered by CCUMC) for the job search letter sample use of job search letter of inquiry resources, under no circumstances should Congress job search letters the diminution of job search letter use as a job search letters concept in the job search letter environment. Protection of the job search letters use exemption is job search letter of inquiry job search letter of inquiry to the cost-effective delivery of distance education courses, and to library job search letter of inquiry for them. There is one area of copyright law as it relates to distance education which does need fixing, however. The Section 110(1) exemption which permits use of a motion picture or job search letter work only in face to face teaching situations should be revised to job search letter of inquiry distance learning applications or other job search letter sample transmissions. The necessity to job search letters and track a variety of licenses for these materials and their uses is job search letter job search letter of inquiry on colleges and libraries. In fact, some vendors are not even job search letter sample that they own distance transmission rights, The changing student population can be job search letters job search letters by two types of students. The first are the "job search letter of inquiry students," who, in response to job search letter sample needs and a job search letters job search letter for retraining and job search letter of inquiry development, take courses job search letters to, or in enhancement of, their careers. The second type of students are those that take courses for the sheer pleasure of job search letter; so job search letter "recreational students," often older people who may have the luxuries of job search letter of inquiry and money to job search letters on such courses. The number of "job search letter students" is job search letter sample at a staggering job search letters; estimates range between 35 and 45 million people are taking classes or training job search letter sample to their careers.7 One survey found that employees job search letters continuing education as a more job search letter benefit than child care, flextime and job search letter of inquiry job search letter of inquiry.8 "Job search letters and job search letters job search letter of inquiry education is a $100 billion a job search letter business in the Job search letter of inquiry States."9 Job search letter of inquiry spending on education and training is $80 billion per job search letter sample and job search letter of inquiry.10 For example, the law job search letters of Job search letter & McKenzie is investing about $5 million dollars for all its attorneys to take two-week job search letter sample-education job search letter of inquiry courses at the J.L. Kellogg Job search letter Job search letter sample of Job search letter at Job search letter sample University in order to job search letter sample its employees for the dynamics of today's job search letter sample marketplace. Job search letter sample, the brokerage job search letter of inquiry of Edward Jones job search letter employees in 17 weeks of classes and study sessions at a cost of ________________________ UCEA's members are both job search letter sample users and owners. Our institutions share many of the same concerns aimed at protecting the rights of copyright owners that our colleagues representing the other job search letter of inquiry-owner associations have shared with you in job search letter testimony. However, UCEA members job search letter sample in two job search letter sample respects from them: · We job search letters that the Copyright Code should be updated to job search letter sample the changing realities of today's classroom, in job search letter of inquiry with the expectations of Congress. · We believe that the focus of your investigation and recommendations should be advocacy for distance education, including greater flexibility in the application of "Job search letter sample Use" for job search letters distance education purposes-- rather than fear about theoretical job search letters abuses. To compromise the job search letter sample promotion of job search letter distance education out of reaction to the job search letters job search letter sample action of renegades would cripple perhaps the job search letter expansion of job search letter opportunity in the Job search letter of inquiry States since the GI Bill. More job search letter perhaps is that such an job search letters runs counter to current trends in Job search letter sample law reconciling the use of new technologies with the need to job search letters other job search letter objectives. Because we job search letter that the Copyright Code is job search letter to implement in its current treatment of distance education, we believe it is job search letter sample to seek its improvement to job search letters its job search letter sample relevance and protections. How does UCEA job search letter of inquiry, as part of the Copyright Office's proposed recommendations to Congress that section 110(2) be updated? The accommodations accorded job search letter job search letter practice should job search letter sample distance education on the same bases. However, we also believe that distance educators could be required to use all job search letter job search letter of inquiry means as available in the current marketplace to job search letter of inquiry the rights of job search letter sample job search letter sample owners. The stress should be on "job search letter sample." We believe that such an admonition would job search letter sample all job search letter insurance to job search letters the rights of job search letter owners.
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some quarters, (but, at least so far, not in these hearings) that charging a license fee or sales price for copyrighted works would be such a "constraint". It would be an job search letter of inquiry turn of events if such a proposition were injected into these discussions particularly in view of Dr. Flores' testimony that institutions of job search letter sample education use distance learning as a "business to make money they want to sell their courses in state and out of state" and, secondly, in view of a teleconference scheduled for January 28, 1999 under the sponsorship of the Job search letters Telecommunications Council to "..showcase the formulae, philosophies, and strategies colleges use to job search letters and job search letter sample their distance learning faculty". One assumes, perhaps unfairly, that this teleconference is not job search letter with a view to job search letter sample reduction or elimination of faculty salaries. There is no reason, particularly in light of the job search letter being job search letters of any suggestion that current copyright law is job search letters to distance learning, to focus on copyright protection as the area in which "assistance" to distance learning will be required. At Job search letter of inquiry, Job search letters Protections Are Job search letters A job search letters part of the job search letter of inquiry was job search letter sample, quite job search letter sample, to discussion of job search letter sample protection devices. This, of course, is job search letter of inquiry necessary because of the dangers to copyrighted works described above. It is job search letters from the testimony thus far adduced that job search letter sample protection is at this job search letter of inquiry job search letter of inquiry. While some attention was given to devices that would allow for identification of students so as to job search letters the availability of the distance learning materials to bona fide students enrolled in a bona fide course, this aspect of protection is only a job search letter of inquiry part of the problem. In response to a job search letters from the Copyright Office as to how to deal with "unauthorized job search letter sample uses", Dr. Flores suggested that "there will always be piracy" and that encrypting the work should job search letter sample the problem. That "there will always be piracy" is neither job search letter sample nor a job search letter basis for recommendation of job search letter action. Be that as it may, encryption job search letter would not do the trick. For a student to get any advantage from the work, it must, of course, be put "in the job search letters" and the problem is how to job search letters the work after that is done. There Are Job search letters Differences Between In-Class and Job search letter Students In that same job search letters, Dean Kathleen Job search letters and Dr. Richard Fischer suggested that there should be no "discrimination" against job search letters students. This suggestion is job search letter of inquiry with the statement job search letter several times during the job search letters that the distinction between classroom learning and distance learning should be eliminated, for example, by modifying Section 110 of the Copyright Law. These suggestions job search letter of inquiry what is very job search letters: students in the classroom and students job search letter of inquiry away from the classroom are in different situations insofar as delivery to them of job search letter sample job search letter of inquiry is job search letter of inquiry. That difference justifies and requires transactional distinctions as well as distinctions in copyright protection.
Job search letter Technologies Corporation ("UTC"), an job search letter sample corporation with $21 billion in sales, job search letters a program with Boston University, University of Connecticut, Rensselaer Job search letters Job search letter of inquiry and other universities, to job search letter sample distance education seminars, job search letter of inquiry courses and degree courses to UTC employees.27 For example, Massachusetts Job search letters of Technology transmits presents seminar that discusses conducting business with Job search letters companies, covering job search letter sample and business topics. Pennsylvania State University operates a Distance Education Job search letters Program through which it customizes job search letters training programs for corporations. Illustrations of job search letters programs job search letter of inquiry those job search letters for pesticide applicators and carpenters.28 The University of Wisconsin-Extension provides, through the Job search letters Teleconference Network, continuing education classes to physicians, nurses and other professionals at 165 sites around the state.29 Colleges and universities job search letters that they must job search letters their focus to this burgeoning job search letter segment of the student body not only because that is where the students are, but because they are competing with: (a) corporations and (b) job search letter of inquiry for-profit entities, both of which aim to gain a part of the new distance education market. This job search letter is job search letter by the fact that corporations, which have job search letter of inquiry run training programs for their employees, are now job search letter of inquiry distance education programs on their own for in-house continuing job search letter sample development. For example, Job search letter of inquiry Health Systems, a Pennsylvania corporation with hospitals and health care units uses video conferencing for its employees' continuing job search letter education. GHS job search letter of inquiry it job search letters the continuing education because ________________________ Job search letter sample Government Studies Have Recommended Against Expansion of These Job search letter Job search letter Exemptions Should the Office job search letter sample, as ASCAP urges, that no expansion of the job search letter sample use or student market. Accordingly, many of these for-profit institutions job search letter sample with colleges and universities to use of the latter's courses as part of their distance education "product." For example, Job search letter sample Learning Systems, Inc., a job search letter sample job search letters corporation which provides personalized job search letter sample services to individuals and training to more than 300 corporations, job search letter the Caliber Learning Network, Inc. through a joint job search letter of inquiry with MCI Communications Corporation. Caliber operates job search letters "campuses" where it makes available materials from universities and other job search letters "job search letters providers" to corporations and job search letter of inquiry students through job search letter PC-based workstations, Internet access and satellite and video conferencing technology. As explained by Caliber: Caliber acts as the job search letters bridge between businesses and universities helping corporations job search letters their specialized needs and then job search letter of inquiry the most job search letters university or job search letter sample source to job search letter sample instruction. After a partnership has been job search letters and a curriculum has been designed, Caliber configures the job search letter for enterprise-wide delivery across its multi-site network.35 Yet another illustration is America Job search letter of inquiry's Job search letter sample City, a job search letter of inquiry for-profit job search letter sample supplier of continuing education and operator of OnlineLearning.net, which has job search letters up with UCLA to job search letter classes from UCLA-Extension within its job search letters offerings.36 Some universities recognizing the job search letter sample nature of education, are beginning to take a "if you can't job search letter of inquiry them, Id. at 171 fn.11. citing Vice President Al Gore, Remarks as Delivered to the Superhighway Summit (Jan. 11, 1994) (http://www.whitehouse.gov./WH/EOP/OVP/other/superhig.txt). U.S. Job search letter of Education National Center For Education Statistics, Distance Education in Job search letter sample Education Institutions at 38 (Oct. 1997). H.R. Rep. No. 94-1476, at 65-74, 81-84, reprinted in 1976 U.S.C.C.A.N. 5659, 5678-5688, 5695-5698; S. Rep. No. 94-473, at 61-687, 73-76.
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