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Legal and Ethical Issues Associated with Modern Technologies
Transcript of Legal and Ethical Issues Associated with Modern Technologies
& Consider the following
Intellectual property Legal and Ethical Issues Associated with Modern Technologies Legal and ethical Issues
Legal issues are important as nonprofits seek to be in compliance with federal, state and local statutes. While many nonprofits are very small, they nevertheless must be aware of the law and follow it as it pertains to their situation. Clearly nonprofits with substantial resources have more legal requirements than a small volunteer nonprofit with no staff or budget. Legal issues are important as nonprofits seek to be in compliance with federal, state and local statutes. While many nonprofits are very small, they nevertheless must be aware of the law and follow it as it pertains to their situation. Clearly nonprofits with substantial resources have more legal requirements than a small volunteer nonprofit with no staff or budget.
•How do I find what our legal requirements are?
•Should we retain legal counsel?
•What is the Board of Directors’ responsibility?
•How does a volunteer board put together good policies?
•Would it be helpful to be “accredited?”
•What would be a good resource for an overview of Code of Ethics for nonprofits?
•What are the ethical issues relative to fundraising (resource development)?
•What is the Donor Bill of Rights?
•Where can we find the most comprehensive assistance regarding ethics and philanthropy (fund raising)?
•Solicitation and Use of Philanthropic Funds
•Presentation of Information
•Compensation and Contracts
•Human Resource Legal Issues
http://lodestar.asu.edu/nonprofit-assistance/ask-the-nonprofit-specialists/frequently-asked-questions/legal-and-ethical-issues For additional information concerning the Legal and Ethical issues from the previous slide refer to the following website:
3. Artistic works
7. Designs used in commerce
IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
The innovations and creative expressions of indigenous and local communities are also IP, yet because they are “traditional” they may not be fully protected by existing IP systems. Access to, and equitable benefit-sharing in, genetic resources also raise IP questions. Normative and capacity-building programs are underway at WIPO to develop balanced and appropriate legal and practical responses to these issues. Intellectual property The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.
(Copyright) Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution. The power to enact copyright law is granted in Article I, Section 8, Clause 8, also known as the Copyright Clause, which states:
The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
(Patent law)This clause forms the basis for U.S. copyright law ("Science", "Authors", "Writings") and patent law ("useful Arts", "Inventors", "Discoveries"), and includes the limited terms (or durations) allowed for copyrights and patents ("limited Times"), as well as the items they may protect ("exclusive Right to their respective Writings and Discoveries").
(Copyright transfers) In the U.S., registrations of claims of copyright, recordation of copyright transfers, and other administrative aspects of copyright are the responsibility of the United States Copyright Office, an arm of the Library of Congress.
The U.S. Copyright Act, 17 U.S.C. §§ 101 - 810, is Federal legislation enacted by Congress under its Constitutional grant of authority to protect the writings of authors. See U.S. Constitution, Article I, Section 8. Changing technology has led to an ever expanding understanding of the word "writings." The Copyright Act now reaches architectural design, software, the graphic arts, motion pictures, and sound recordings. See § 106. As of January 1, 1978, all works of authorship fixed in a tangible medium of expression and within the subject matter of copyright were deemed to fall within the exclusive jurisdiction of the Copyright Act regardless of whether the work was created before or after that date and whether published or unpublished. See § 301. See also preemption.
The owner of a copyright has the exclusive right to reproduce, distribute, perform, display, license, and to prepare derivative works based on the copyrighted work. See § 106. The exclusive rights of the copyright owner are subject to limitation by the doctrine of "fair use." See § 107. Fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not copyright infringement. To determine whether or not a particular use qualifies as fair use, courts apply a multi-factor balancing test. See § 107. Legal and Ethical Issues Sedric Troy Gant
University of Phoenix Copyright
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
1. The purpose and character of the use, including whether such use is of 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
4. The effect of the use upon the potential market for, or value of, the copyrighted work Fair use Privacy policies that the organization must address when implementing the
2. Notice and Disclosure
The policy must state clearly: what information is being collected; the use of that information; possible third party distribution of that information; the choices available to an individual regarding collection, use and distribution of the collected information; a statement of the organization's commitment to data security; and what steps the organization takes to ensure data quality and access.
The policy should disclose the consequences, if any, of an individual's refusal to provide information. The policy should also include a clear statement of what accountability mechanism the organization uses, including how to contact the organization.
(Choice/Consent)Individuals must be given the opportunity to exercise choice regarding how individually identifiable information collected from them online may be used when such use is unrelated to the purpose for which the information was collected. At a minimum, individuals should be given the opportunity to opt out of such use.
Additionally, in the vast majority of circumstances, where there is third party distribution of individually identifiable information, collected online from the individual, unrelated to the purpose for which it was collected, the individual should be given the opportunity to opt out.
Consent for such use or third party distribution may also be obtained through technological tools or opt-in.
4. Data Security
(Data Security )Organizations creating, maintaining, using or disseminating individually identifiable information should take appropriate measures to assure its reliability and should take reasonable precautions to protect it from loss, misuse or alteration. They should take reasonable steps to assure that third parties to whom they transfer such information are aware of these security practices, and that the third parties also take reasonable precautions to protect any transferred information.
5. Data Quality and Access
(Data Quality and Access)Organizations creating, maintaining, using or disseminating individually identifiable information should take reasonable steps to assure that the data are accurate, complete and timely for the purposes for which they are to be used. Organizations should establish appropriate processes or mechanisms so that inaccuracies in material individually identifiable information, such as account or contact information may be corrected. These processes and mechanisms should be simple and easy to use, and provide assurance that inaccuracies have been corrected. Other procedures to assure data quality may include use of reliable sources and collection methods, reasonable and appropriate consumer access and correction, and protections against accidental or unauthorized alteration. Acceptable use policy (AUP) An acceptable use policy (AUP) is a policy that a user must agree to follow in order to be provided with access to a network or to the Internet. It is common practice for many businesses and educational facilities to require that employees or students sign an acceptable use policy before being granted a network ID.
When you sign up with an Internet service provider (ISP), you will usually be presented with an AUP, which states that you agree to adhere to stipulations such as:
1. Not using the service as part of violating any law
2. Not attempting to break the security of any computer network or user
3. Not posting commercial messages to Usenet groups without prior permission
4. Not attempting to send junk e-mail or spam to anyone who doesn't want to receive it
5. Not attempting to mail bomb a site with mass amounts of e-mail in order to flood their server Guidelines for creating an AUP for an organization References
Retrieve from http://www.law.cornell.edu/wex/copyright on October 3 2012
Retrieve from http://www.copyright.gov/fls/fl102.html
Retrieve from http://www.isheriff.com/archivos/pdf/resources/Policy%20Toolkit%20(07-10-A).pdf
Retrieve from http://lodestar.asu.edu/nonprofit-assistance/ask-the-nonprofit-specialists/frequently-asked-questions/legal-and-ethical-issues
Retrieve from http://www.wipo.int/about-ip/en/
Retrieve from http://www.privacyalliance.org/resources/ppguidelines.shtml A sound AUP should address:
Internet / Web use
Wireless Network access
Portable Device / End Point use
Use of computers and/or laptops
Use of personally owned devices/laptops on the
Remote network access
Appropriate conduct for data and written
Security of private/confidential data and
protection of intellectual property
Disciplinary actions and procedures for policy breaches