> Date: Sat, 21 Jun 2003 07:15:42 +1000
> From: Barbara Braxton <barbara@AUSTARMETRO.COM.AU>
> Subject: Re: GEN- copyright police
<snip>
>
> In the meantime, you need to keep a diary for every time you are overruled
> by someone in a 'superior' position. Here, copyright violation is the sole
> responsibility of the perpetrator, or, if it is a student, then the teacher
> that authorised the violation. We have been told, that if someone still
> wants to breach copyright even after being told that they would be in
> breach, we should make a note of the date, the incident, the item and the
> staff member. That way, if there is a further consequence, we will not be
> held jointly responsible.
I recommend a bit more. (This is not legal advice, but is coming to you from
a former attorney.)
Do not keep this information in a private diary. If you provide guidance to
staff member with respect to copyright and this staff person declines to
follow your best advice, write a memo with the information suggested above,
but also including the guidance you have provided and the rationale for this
guidance. Keep a copy of the memo (start a specific file for this), send a
copy to the person who has requested and rejected the guidance, and send a
copy to this person's superior. This will likely serve a very good
educational purpose. It lets people know you are serious. Guidance that is
set forth in writing frequently carries more weight.
If you are ever in a situation where there is an administrator who has
instructed you to do something that you know or think it not legal under
copyright law, including a situation where a teacher has gone over your
head, describe the situation in writing and request the signature of the
administrator on the document prior to engaging in the action indicating
that such action is under his or her direction.
I know these actions may sound a bit hard-nosed, but they are a good way to
get your point across and to protect yourself. Also, by resorting to
writing, you can get out of long arguments and just say "This is my opinion
on this matter. I do not believe this action is legal under copyright law. I
will be documenting my analysis to protect myself legally. The actions you
take are your responsibility."
Nancy
Nancy Willard, M.S., J.D.
Center for Advanced Technology in Education
University of Oregon, College of Education
E-mail: nwillard@oregon.uoregon.edu
URL: http://netizen.uoregon.edu
Responsible Netizen Institute
URL:http://responsiblenetizen.org
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