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Modern Technology Legal & Ethical Issues
Transcript of Modern Technology Legal & Ethical Issues
Associated with Modern Technologies
Implementation of modern technology requires review and revision of the organizations technology policies including intellectual property, copyright, fair use, and privacy policies. It is crucial for organizations to keep current with legal and ethical requirements. Organizations should have an acceptable use policy in place that meets the needs of all modern technology that is utilized.
Intellectual property (IP)
refers to creations of the
mind for which exclusive rights are recognized.
Bitter, G. G., & Legacy, J. M. (2008). Using
technology in the classroom (7th ed.). Boston, MA: Pearson Education.
DeVary, S. (2008). National distance education
trends and issues: Intellectual property. distance Learning, 5(1), 55. Retrieved from http://search.proquest.com.ezproxy.apollolibrary.com/docview/230732475/12DD801300C1B5F2A6E/1?accountid=35812
Hayes, S. (2008, March). Acceptable use 2.0. Voices
from the Middle, 15(3), 44. Retrieved from http://search.proquest.com.ezproxy.apollolibrary.com/docview/213930774/12DD80D4E1E42B4B926/1?accountid=35812
Fair use is legal doctrine that allows portions of copyrighted materials to be used without the permission of the owner. The use must be fair and reasonable, and not substantially impair the value of the materials (DeVary, 2008).
Acceptable Use Policy (AUP)
Copyright gives the creator exclusive right to reproduce, distribute, perform, display, or license his or her own work.
An acceptable use policy (AUP) is a set of rules applied to the organizations technology. The AUP restricts the way in which the network, website or system may be used.
Misunderstanding about who owns intellectual property rights to designs and written works can cause confusion and conflict between individuals and organizations. A clear and concise policy outlining the rights of material developed for use within the organization must be developed.
“The doctrine of fair use was established by the courts to exempt certain activites such as teaching and research from the legal requirements of the copyright law” (DeVary, 2008, p. 55). This doctrine was formally adopted in 1976. Fair use exempts certain activity from the legal obligation to obtain permission before copying, performing, or displaying the work (DeVary, 2008). An organizations fair use guidelines must be clear and strictly upheld to avoid confusion.
Copyright protection lasts the lifetime of the creator plus 70 years (Bitter & Legacy, 2008).
Organizations are obligated to establish security measures to protect the collection, storage, access, and distribution of information that is collected from people.
An organization must take steps to avoid adverse consequences of inappropriate usage of downloaded material (Bitter & Legacy, 2008).
Organizations utilizing modern technology should have a well written Acceptable Use Policy in place. An Acceptable Use Policy protects the organization, consumer, and creators of technology and resources. The following should be included in an organization’s Acceptable Use Policy.
1.Rights and responsibilities of the organization and consumer
2.Acceptable and inappropriate actions (Hayes, 2008)
3.Direction for adherence to federal, state, and local laws
4.Password rules and usage
5.Privacy and personal rights
6.User compliance agreement
7.Consequences for violating rules of the Acceptable Use Policy (Hayes, 2008)
In 1998, the Digital Millennium Copyright Act (DMCA) became law. The purpose of the DMCA is to update the copyright law for the digital age (Bitter & Legacy, 2008).
December 17, 2012