Controlling Voices: Intellectual Property, Humanistic Studies, and the Internet

By Tyanna K. Herrington | Go to book overview

4
Law and Policy:
The Balance in Cyberspace

The rules of law, like the structures of the legal system, are intricate, sometimes complicated, and often difficult to interpret. The Internet's networked communication and the digitization of text make it even more complicated for courts to interpret the law because digitized text has characteristics to which the 1976 statute does not speak directly; thus, issues that arise as a result of the use of digitized text are yet unsettled. For instance, because copyright protection ensues for a work that is “fixed” in a “tangible” form, characterizations of what constitutes “fixity” and “tangibility” in regard to digitized text must be clear. In addition, when educators use the Internet as the locus of classroom participation, which can make classroom material accessible worldwide, particularly in distance learning classes, they face complications in determining whether the uploading of works for classroom use is protected under fair use. In fact, simply defining classroom is difficult when the locus for class participation in distance learning forums in is “cyberspace. ”

Since the current statutory law fails to reflect the changes that using new technology brings, it is important that academicians who make use of technology in their classrooms be involved in affecting the law that will impact their work. Statutes are created in both state and federal courts, but the copyright statute, federally promulgated and given power for enactment by the Constitution, overrides the state statutes. The power to enact federally binding intellectual property law is stated in Article 1, section 8 of the Constitution, which provides Congress with

-77-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Controlling Voices: Intellectual Property, Humanistic Studies, and the Internet
Table of contents

Table of contents

  • Title Page *
  • Contents vii
  • Foreword ix
  • Acknowledgments xiii
  • Controlling Voices *
  • Introduction 1
  • Part One - The Law 25
  • 1 - Protective Control for Intellectual Products 27
  • 2 - Copyrights and Duties 35
  • 3 - Fair Use, Access, and Cultural Construction 59
  • 4 - Law and Policy: the Balance in Cyberspace 77
  • Part Two - Ideology and Power 85
  • 5 - Controlling Construction: the Internet, Law, and Humanistic Studies 87
  • 6 - Controlling Ideologies: the Internet, Law, and Humanistic Studies 112
  • 7 - The New Millennium and Controlling Voices 129
  • Notes 157
  • Works Cited 159
  • Index 167
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 171

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.