Legal Aspects of Information Notes

DIPLOMA IN INFORMATION SCIENCE MODULE III-2913/306

  1. introduction to legal aspect of information
  • meaning of legal aspect of information
  • purpose of legal aspect in information services
  • historical background of legal information services
  • nature of legal information services in Kenya
  1. intellectual property law
  • meaning of interlectual property
  • nature of copyright law
  • nature of piracy law
  • paternts legislation
  • law of contract in information services
  1. legislation governing information systems
  • meaning of legislation information systems
  • purpose of legislation in information systems
  • legislation in records and archives management
  • law governing library and information systems
  • law governing publishing and book trade
  • legislation governing media centers
  • nature of meseums services
  • meaning of legal deposit
  1. censorship
  • meaning of censorship
  • purpose of censorship
  • types of censorship
  • legislation governing censorship
  • methods of managing censorship
  1. information policy 20 hrs
  • meaning of information policy
  • purpose of onformation policy
  • types of information policies
  • legal framework in information services
  • procedures of formulating information policy
  1. proffesionals ethics in information management14 hrs
  • meaning of information management
  • purpose of information management
  • proffesionals ethics in information management
  1. standards in information management 14 hrs
  • meaning of standards in information management
  • purpose standards in information management
  • sources of standards in information management
  • standards in library inrecords and archives information systems
  • standards in library and information systems
  • standards in electronics information management
  1. emerging issues and trends 6hrs
  • emerging issues and trends
  • challenges posed by emerging trends issues and trends
  • ways of coping with the emerging issues and trends

Topic 2

intellectual property law

  • meaning of interlectual property
  • nature of copyright law
  • nature of piracy law
  • paternts legislation
  • law of contract in information services

Intellectual property law

What is Intellectual Property?

Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.

Intellectual property is divided into two categories:

  • Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications.
  • Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design.

Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.

What are intellectual property rights?

Intellectual property rights are like any other property right.

  • They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation.

Protect intellectual property?

There are several compelling reasons.

  1. The progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture.
  2. The legal protection of new creations encourages the commitment of additional resources for further innovation.
  3. The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.
  4. An efficient and equitable intellectual property system can help all countries to realize intellectual property’s potential as a catalyst for economic development, social and cultural well-being.
  5. The intellectual property system helps strike a balance between the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish, for the benefit of all.

 benefit from  intellectual property

  • Intellectual property rights reward creativity and human endeavor, which fuel the progress of humankind. Some examples: The multibillion dollar film, recording, publishing and software industries – which bring pleasure to millions of people worldwide – would not exist without copyright protection.
  • Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers.
  • Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy.

PATENT LEGISLATION

A patent is an exclusive right granted for an invention –a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20 years.

IMPORTANT OF PATENTS

  1. Patents provide incentives to individuals by recognizing their creativity and offering the possibility of material reward for their marketable inventions.
  2. Encourage innovation, which in turn enhances the quality of human life.

WHAT KIND OF PROTECTION DO PATENTS OFFER?

  • Patent protection means an invention cannot be commercially made, used, distributed or sold without the patent owner’s consent.
  • Patent rights are usually enforced in courts that, in most systems, hold the authority to stop patent infringement.
  • Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

WHAT RIGHTS DO PATENTOWNERS HAVE?

  • A patent owner has the right to decide who may – or may not – use the patented invention for the period during which it is protected.
  • Patent owners may give permission to, or license, other parties to use their inventions on mutually agreed terms.
  • Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent. Once a patent expires, protection ends and the invention enters the public domain.
  • This is also known as becoming off patent, meaning the owner no longer holds exclusive rights to the invention, and it becomes available for commercial exploitation by others.

What role do patents play in everyday life?

  • Patented inventions have pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and sewing machines (patents held by Howe and Singer), to magnetic resonance imaging (MRI) (patents held by Damadian) and the iPhone (patents held by Apple).
  • In return for patent protection, all patent owners are obliged to publicly disclose information on their inventions in order to enrich the total body of technical knowledge in the world.
  • This ever increasing body of public knowledge promotes further creativity and innovation.
  • Patents therefore provide not only protection for their owners but also valuable information and inspiration for future generations of researchers and inventors.

SHORT FALL OF PATERN ACT

  1. Hindered local research and ignored the protection of indigenous intellectual property right
  2. The law greatly retarded and affected the country’s independent technology development.
  3. It solely support the registration of foreign pattern in Kenya
  4. It maintained a close link wit british patern regulation which had no provisions for Kenya needs such as protection of right of kenya’s intellectual property

CHALLENGE /FACTOR THAT HINDERS PATERN IMPLENTATION

  • Opposition procedures towards the licesing of patern use in territory apart from revoking the patern on the ground of manufacture,
  • Uses or sale of invention before the priority date applicable to the patern
  • There was no state agency dealing with the assessment and evaluation of the novelty of an invention requiring patenting
  • The law act provision for compulsory licensing and no restrictions were imposed on licensing in general.

How is a patent granted?

The first step in securing a patent is to

  • file a patent application. The application generally contains the title of the invention, as well as an indication of its technical field.
  • It must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials – drawings, plans or diagrams – that describe the invention in greater detail.
  • The application also contains various “claims”, that is, information to help determine the extent of protection to be granted by the patent.

What kinds of inventions can be protected?

An invention must, in general, fulfill the following conditions   to be protected by a patent.

  • It must be of practical use; it must show an element of “novelty”, meaning some new characteristic that is not part of the body of existing knowledge in its particular technical field. That body of existing knowledge is called “prior art”.
  • The invention must show an “inventive step” that could not be deduced by a person with average knowledge of the technical field.
  • Its subject matter must be accepted as “patentable” under law. In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods or methods of medical treatment (as opposed to medical products) are not generally patentable.

 TRADEMARK LEGISLATION

is a distinctive sign that identifies certain goods or services produced or provided by

an individual or a company. Its origin dates back to ancient times when craftsmen reproduced their signatures, or “marks”, on their artistic works or products of a

Functional or practical nature. Over the years, these marks have evolved into today’s system of

Trademark registration and protection.

The system helps consumers to identify and purchase a product or service based on whether its specific characteristics and quality – as indicated by its unique trademark– meet their needs.

WHAT DO TRADEMARKS DO?

Trademark protection ensures that owners of marks have the exclusive right to

  • use them to identify goods or services, or to authorize others to use them in return for payment.
  • The period of protection varies, but a trademark can be renewed indefinitely upon payment of the corresponding fees.
  • Trademark protection is legally enforced by courts that, in most systems, have the authority to stop trademark infringement.
  • Trademarks promote initiative and enterprise worldwide by rewarding their owners with recognition and financial profit.
  • Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
  • The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.

What kinds of trademarks can be registered?

Trademarks may be one or a combination of words, letters and numerals.

They may consist of drawings, symbols or three dimensional

signs, such as the shape and packaging of goods.

In some countries, non-traditional marks may be registered for distinguishing features such as

holograms, motion, color and non-visible signs (sound, smell or taste).

In addition to identifying the commercial source of goods or services, several other trademark categories also exist. Collective marks are owned by an association  whose members use them to

indicate products with a certain level of quality and who agree to adhere to specific requirements

set by the association. Such associations might represent, for example, accountants, engineers

or architects. Certification marks are given for compliance with defined standards but are not confined to any membership.

They may be granted to anyone who can certify that their products  meet certain established standards. Some examples of recognized certification are the internationally accepted “ISO 9000” quality standards and Ecolabels for products with reduced environmental impact.

How is a trademark registered?

  • First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors,forms or three-dimensional features.
  • It must also contain a list of the goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or other type of mark.
  • It must be distinctive, so that consumers can distinguish it from trademarks identifying other products, as well as identify a particular product with it.
  • It must neither mislead nor deceive customers nor violate public order or morality.
  • Finally, the rights applied for cannot be the same as, or similar to, rights already granted to another trademark owner. This may be determined through search and examination by national offices, or by the opposition of third parties who claim to have similar or identical rights.

How extensive is trademark protection?

Almost all countries in the world register and protect trademarks. Each national or regional office maintains a Register of Trademarks containing full application information on all

Registrations and renewals, which facilitates examination, search and potential opposition by third parties.

  • The effects of the registration are, however, limited to the country (or, in the case of regional registration, countries) concerned.
  • To avoid the need to register separate applications with each national or regional office, (or related region), obtain an international registration having effect in some or all of the other countries of the Madrid Union

 

NATURE OF COPYRIGHT AND RELATED RIGHTS

Copyright laws grant authors, artists and other creator’s protection for their literary and artistic

creations, generally referred to as “works”. A closely associated field is “related rights” or rights related to copyright that encompass rights similar or identical to those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of

related rights are:

  • performers (such as actors and musicians) in their performances; producers of phonograms (for example, compact discs) in their sound recordings; and broadcasting organizations in their radio and television programs.

Works covered by copyright

include, but are not limited to:

  • novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical draw

What rights do copyright and related rights provide?

  1. The creators of works protected by copyright, and their heirs and successors (generally referred to as “right holders”), have certain basic rights under copyright law.
  2. They hold the exclusive right to use or authorize others to use the work on agreed terms.
  3. The right holder(s) of a work can authorize or prohibit: its reproduction in all forms, including print form and sound recording; its public performance and communication to the public; its broadcasting; its translation into other languages; and its adaptation, such as from a novel to a screenplay for a film. Similar rights of, among others, fixation (recording) and reproduction are granted under related rights.
  4. Many types of works protected under the laws of copyright and related rights require mass distribution, communication and financial investment for their successful dissemination (for example, publications, sound recordings and films). Hence,
  5. Creators often transfer these rights to companies better able to develop and market the works, in return for compensation in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the work). The economic rights relating to copyright are of limited duration – as provided for in the relevant WIPO treaties – beginning with the creation and fixation of the work, and lasting for not less than 50 years after the creator’s death. National laws may establish longer terms of protection.
  6. This term of protection enables both creators and their heirs and successors to benefit financially for a reasonable period of time. Related rights enjoy shorter terms, normally 50 years after the performance, recording or broadcast has taken place.
  7. Copyright and the protection of performers also include moral rights, meaning the right to claim authorship of a work, and the right to oppose changes to the work that could harm the creator’s reputation.
  8. Enforced by right holders through a variety of methods and fora, including civil action suits, administrative remedies and criminal prosecution. Injunctions, orders requiring destruction of infringing items, inspection orders, among others, are used to enforce these rights.

What are the benefits of protecting copyright and related rights?

  1. Copyright and related rights protection is an essential component in fostering human creativity and innovation. Giving authors, artists and creators incentives in the form of recognition and fair economic reward
  2. Increases their activity and output and can also enhance the results.
  3. By ensuring the existence and enforceability of rights, individuals and companies can more easily invest in the creation, development and global dissemination of their works.
  4. This, in turn, helps to increase access to and enhance the enjoyment of culture, knowledge and entertainment the world over, and also stimulates economic and social development.

How have copyright and related rights kept up with advances in technology?

The field of copyright and related rights has expanded enormously during the last several decades with the spectacular progress of technological development that has, in turn, yielded new ways of disseminating creations by such forms of communication as satellite

broadcasting, compact discs and DVDs. Widespread dissemination of works via the Internet raises difficult questions concerning copyright and related rights in this global medium. WIPO is fully involved in the ongoing international debate to shape new standards for copyright protection in cyberspace. In that regard, the Organization administers the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), known as the “Internet Treaties”. These treaties clarify international norms aimed at preventing unauthorized access to and use of creative works on the Internet.

How are copyright and related rights regulated?

Copyright and related rights protection is obtained automatically without the need for registration or other formalities. However, many countries provide for a national system of optional registration and deposit of works. These systems facilitate, for example, questions involving disputes over ownership or creation, financial transactions, sales, assignments and transfer

of rights. Many authors and performers do not have the ability or means to pursue the legal and administrative enforcement of their copyright and related rights, especially given the increasingly global use of literary, music and performance rights. As a result, the establishment and enhancement of collective management organizations (CMOs), or “societies”, is a growing and necessary trend in many countries.

These societies can provide their members with efficient administrative support and legal expertise in, for example, collecting, managing and disbursing royalties gained from the national and international use of a work or performance. Certain rights of producers of sound recordings and broadcasting organizations are sometimes managed collectively as well.

BOOK S AND NEWSPAPER ACT

Function

  1. Ensure comprehensive collection of all information materials produce in Kenya to enable appropriate bibliographic control and preparation of national bibliography
  2. Ensure interllectual property

LAW OF CONTRACT IN INFORMATION LEGISLATION

TOPIC 3

LEGISLATION GOVERNING INFORMATION SYSTEMS

The term legislation is made up of two part legis meaning law and lation donating the bringing of the law that into effect: thus law and its implementation.

They are laws enacted by a legislative body in an information center which are meant to be followed by the users. The term is used mainly in government proceedings or rules which have been produced by a governing body in order to regulate, to authorize, to sanction, to grant, to declare or to restrict. It defines the governing legal principles outlining the responsibilities of events organizers and other stakeholders such as the local authority to protect the safety of the public.

International Conventions relating to information System.

  1. Conventions for the protection of industrial property rights signed in Paris on 20 March 1883, as last revised on 14 July 1967 (Paris Conventions)
  2. Berne Convention for the presentation n of literary and artistic words.
  3. Convention establishing the world intellectual property organization (WIPO)
  4. Patent Corporation Treaty.
  5. Convention on the Grant of European Patent

The subject that these Conventions seek to regulate is the activity of governments to ensure international information security.

The aim of this Convention is to act against the use of information and communication technology to violate international peace and security, as well as to set up measures ensuring that the activity of governments in the information space will:

  • Further general social and economic development;
  • Be carried out in such a way as to be compatible with efforts to support international peace and security;
  • Correspond to generally accept ed principles and norms of international law, including principles of peacefully regulating conflicts and disagreements, abstaining from the use of force, not interfering in internal issues, and respecting fundamental human rights and freedoms;
  • Be compatible with the right of each individual to seek, receive, and distribute information and ideas, as is affirmed in UN documents, while keeping in mind that this right may be restricted through legislation to protect the national and social security of each State, as well as to prevent the wrongful use of and unsanctioned interference in information resources;
  • Guarantee the free exchange of technology and information, while maintaining respect for the sovereignty of States and their existing political, historical, and cultural specificities.

The following terms and definitions are used for this information legislation

Access to information is the possibility of receiving and using information.

Information security is a state in which personal interests, society, and the government are protected against the threat of destructive actions and other negative actions in the information space.

Information warfare is conflict between two or more states in the information space with the goal of inflicting damage to information systems, processes, and resources, as well as to critically important structures and other structures; undermining political, economic, and social systems; carrying out mass psychological campaigns against the population of a State in order to destabilize society and the government; as well as forcing a State to make decisions in the interests of their opponents.

Information infrastructure is the total complex of technical means and systems of the formation, conversion, transfer, use, and storage of information.

Information system is the total amount of information stored in a database and the technology used to support the processing of that information.

Information weapon is information technology, means, and methods intended for use in information warfare.

Information space is the sphere of activity connected with the formation, creation, conversion, transfer, use, and storage of information and which has an effect on individual and social consciousness, the information infrastructure, and information itself.

Information and communication technologies is the total amount of methods, production processes, and programming and technical elements, integrated with the goal of forming, converting, transferring, using, and storing information.

Information resource is an information infrastructure, as well as the information itself and the flow of that information.

Confidentiality of information is the mandatory requirement that a party granted access to certain information will not transfer this information to a third party without the agreement of the owner.

The misuses of information resources is the use of information resources without the necessary rights, or which involves a violation of existing regulations, national legislation, or international legal norms.

Dissemination of information is an actions aimed at the receipt of information by an indefinite group, or the transfer of information to an indefinite group.

Terrorism in the information space is the use of information resources and/or activity affecting them in the information space for the purposes of terrorism.

Threats to the information space (threat to information security) are factors that pose a danger to individuals, society, and the state, and their interests, in the information space.

Purpose of information legislation in information systems

  1. Create the necessary library agencies
  2. Gurantee the establishment of a network of libraries on a statutary basis
  3. Ensures a stable financial support on a progressive basis
  4. Set up library authorities which are responsible for the staffing,administration and management of the libraries
  5. Ensure permanent, uniform, efficient, expanding and coordinated library service
  6. Presuppose free service and make it easily accessible to potential users irrespective of their qualification and age.

Law governing library and information systems

Intellectual property

Intellectual property refers to intangible creations protected by the law. Or it refers to property that is the result of creativity and does not exist in a tangible form, such as patents, copyright, trademarks.

Patent is a legal document granting owner exclusive monopoly on an invention for 17 years. Or it is a patent for an invention is the grant of a property right to the inventor. Patents are granted for new, useful and non-obvious inventions for a period of 20 years from the filing date of a patent application, and provide the right to exclude others from exploiting the invention during that period.

Copyright refers to the statutory grant protecting intellectual property from copying for 28 years.

Trademark is legally registered mark, device, or name to distinguish one’s goods.

National Information Policy

Refers to the set of rules, formal and informal, that directly restrict, encourage, or otherwise shape the flows of information.

Information Policy is the set of all public laws, regulations and policies that encourage, discourage, or regulate the creation, use, storage, access, communication and dissemination of information.

Or it is a statement of intent that helps to translate programmes objective into accomplishment by providing administrative guideline for decision making

 Information policy includes:

  • Literacy
  • Privatization and distribution of government information
  • Freedom of information access
  • Protection of personal privacy
  • Intellectual property rights

Public policy issue: a fundamental enduring conflict among and between objectives, goals, customs, plans, activities and stakeholders, not likely to be resolved completely in favor of any polar position in that conflict, but changes in environment may require striking a fresh balance among conflicting forces from time to time.

ICT Policy: Information and Communications Technologies (ICT) environment is dynamic and rapid technological development is changing how we communicate and access information and services. Separate frameworks have guided the development of the Telecommunications & Postal Services sector since 1994.

Circulars policy: A government circular is a written statement of government policy. It will often provide information, guidance, rules, and/or background information on legislative or procedural matters.

Importance of information policy in a country.

  1. It shapes the flows of information in a country
  2. It directly restricts the flow of information of country
  3. It protects country’s information privacy
  4. It provides freedom of information access in a country
  5. It enhances the privatization and distribution of government/ county’s information.

Role of information legislation/law

  1. governs the extent to which citizens can gain access to information held by central Government and other public authorities.
  2. information law seeks to guard against the misuse of personal, private and confidential information by public authorities, employers, media organisations and others
  3. Information law is also becoming an increasing important facet of other specialist areas of legal practice – such as employment law, public law and business law.
  4. to supervise and regulate persons in the information services industry in accordance with the information Services Act and data protection legislation
  5. To allow regulators to assist in improving the stability an effectiveness of information services
  6. To allow regulators to exclude from the information  system and those who may abuse it
  7. To facilitate a seamless and expeditious flow of information between information sector regulators, the private sector and law enforcement agencies

National information Legislation in Kenya

National information legislation in Kenya are:

  1. Kenya National Library Service (KNLS) act
  2. Kenya National Archives and Documentation Services (KNADS) act
  3. Copyright law
  4. Information privacy.
  5. Newspapers and journal act
  6. Record disposal act
  7. Information access act

Kenya National Library Services Board Act (KNLS Act)

  Functions KNLS of the Board

The functions of the Board shall be:

  • To promote, establish, equip, manage, maintain and develop libraries in Kenya as a National Library Service; CAP. 225 [Rev. 2012]Kenya National Library Services Board [Issue 1] 6
  • To plan and co-ordinate library, documentation and related services in Kenya;
  • To advise the Government, local authorities and other public bodies on all matters relating to library, documentation and related services;
  • To provide facilities for the study of, and for training in the principles, procedures and techniques of librarianship and such other related subjects as the Board may from time to time decide;
  • To advise the Government on library education and training needs for library, documentation and related services;
  • To sponsor, arrange or provide facilities for conferences and seminars for discussion of matters in connection with library and related services;
  • To carry out and to encourage research in the development of library and related services;
  • To participate and assist in campaigns for the eradication of illiteracy;
  • To stimulate public interest in books and to promote reading for knowledge, information and enjoyment;
  • To acquire books produced in and outside Kenya and such other materials and sources of knowledge necessary for a comprehensive national library;
  • To publish the national bibliography of Kenya and to provide a bibliographical and references service. [Act No. 12 of 1984, Sch.]

Public Archives and Documentation Service Act

ROLES

  • To provide  for  the  preservation  of  public archives and public records and for connected purposes.
  • Provided that the Minister may, by order in the Gazette, amend the Schedule; “records” includes  not  only  written  records,  but  records  conveying information by any means whatsoever; “Service
  • Examine  any  public  records,  and  advise  on  the  care,  preservation, custody and control thereof;
  • Require  the  transfer  to  his  custody  of  any  public  records  which  he considers should be housed in the national archives;
  • Compile, make  available  and  publish  indexes  and  guides  to,  and calendars and texts of, all public archives
  • Prepare publications concerning the activities  of and  the  facilities provided by the Service;
  • Regulate  the  conditions  under  which  members  of  the  public  may inspect the public archives or use the facilities provided by the Service;
  • Provide for the making of, and authentication of, copies of and extracts from the public archives, for use as evidence in legal proceedings or for any other purpose;
  • Make arrangements  for  the  separate  housing  of  films  and  other records which require to be kept under special conditions;
  • Acquire, or  accept  gifts  or  testamentary  bequests  or  loans  of,  any document,  book,  record,  or  other  material  of  any  description  of

 Copyright Laws

Copyright refers to a person’s exclusive right to authorize certain acts (such as reproduction, publication, Public performance, adaptation etc.) in relation to his or her original work of authorship.

  • Copyright – There’s nothing you need to do now to copyright your original work. Since 1978, the mere act of creating it makes it yours; however, you should occasionally comb the Web and perform other kinds of diligence to ensure that your copyrights are not being violated. If you find what you suspect is a violation, consult an attorney.
  • Trademark– You’ve probably spent a lot of time thinking about your name, marketing slogans, product titles, and the like. Trademark everything that you don’t want to lose to another company.
  • Patent – As far as the courts are concerned, what you don’t patent doesn’t belong to you; therefore, pay close attention to patent law and file on behalf of any invention unique to your business. This can be an extremely important investment, as it can prevent even the largest of companies from using your intellectual property (without paying you, of course), and it builds credibility for you and your business.
  • Fair dealing refers to a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. It is found in many of the common law jurisdictions of the Commonwealth of Nations. In United Kingdom law is a doctrine which provides an exception to United Kingdom copyright law, in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events.
  • Plagiarism refers to the practice of taking someone else’s work or ideas and passing them off as one’s own. Or turning in someone else’s work as your own. Or copying words or ideas from someone else without giving credit. Or failing to put a quotation in quotation marks. Or giving incorrect information about the source of a quotation. Or changing words but copying the sentence structure of a source without giving credit. Or copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not. Many people think of plagiarism as copying another’s work or borrowing someone else’s original ideas. But terms like “copying” and “borrowing” can disguise the seriousness of the offense.

 Weakness of Kenya copyright law

The Weakness of Kenya copyright laws are: Duration of copyright, limited suite of rights, Subject matter.

  1. Duration of copyright

Copyright has a limited duration, after which copyright material enters the public domain and may be free used by anyone for any purpose.

  1. Limited suite of rights

A copyright owner’s capacity to control the use of his or her work is limited to the suite of rights, which is specifically granted by the copyright regime. This right typically includes the right to reproduce, the right to communicate to the public, the right to publish etc. uses that fall outside this rights are not subject to the copyright owner’s control. For example, copyright permission is required to print copies of a book,’ however, once a legitimately-printed copy as been sold, the copyright owner may not control what is done with that copy (with the expansion of importation in some jurisdiction and rental and lending rights in Europe). The purchaser is free to read the book multiple times, lent, borrow, sale or destroy it. (This was enshrined in USA law as the ‘doctrine of first sale’.

  1. Subject matter.

Copyright historically applied only to books. It has been expanded ever since to include ever-widening set of creative and non-creative material. For example, some compilations of purely factual data (e.g. Directories)may be protected by copyright, if they fulfill the originality test, as well as by a unique database protection in many jurisdictions, although notably, not in the U.S  In those jurisdictions where such data is protected ,the traditional distinction between an idea and its expression in copyright is broken down and means that users are constraint from extracting factual data contained in  a date base(such as residential address)as well as more creative environment, other exceptions and limitation have become more important than ever. It should not be forgotten that copyright is a monopoly right. Without exceptions, copyright owners would have a complete monopoly over learning, and thus control access knowledge in the digital age.

Challenges faced by libraries in implementing copyright law

  • Maintaining the framework of exclusive rights.
  • Technological adjuncts to copyright protection.
  • Markets and management of rights.
  • Reducing inefficiencies for subsequent users.

Information Privacy Law

Information privacy law or data protection laws prohibit the disclosure or misuse of information about private individuals.

Legal Deposit Law

Legal deposit is a statutory obligation on publishers and distributors to deposit at least one copy of every publication free of charge in designated legal deposit libraries.

Legal Deposit

is a requirement under the Copyright Act 1968 for publishers and self-publishing authors to deposit a copy of any print work published in a country with the National Library.

What is covered by legal deposit?

Books, serials such as newsletters or annual reports, newspapers, sheet music, maps, posters, plans, charts, tables, programmes, catalogues, brochures or pamphlets.

Advantages of  a well prepared and enforced Legal deposit Law in a Country

  • The nation’s published output is collected systematically and become part of the national heritage.
  • Publications are recorded in the online catalogues of legal deposit libraries and become an essential research resource.
  • Deposited publications are made available to users of the deposit libraries on their premises.
  • Published material is preserved for the use of future generation.
  • Legal Deposit ensures that publications are preserved for use now and in the future.
  • Promote interlibrary lending both locally and internatially.this can improve information flow between libraries in different countries.
  • Enhance accessibility to information
  • Act as public relations tool

  Revision Exercise

  1. Identify three challenges that may be faced by Libraries in Implementing the Copyright Law.
  2. Explain the importance of a National Information Policy in a country.
  3. State three weaknesses of Kenya copyright law.
  4. List three functions of Kenya National Library Service act.
  5. Highlight six challenges that are likely to be encountered in enforcing privacy law in Kenya.
  6. Explain four advantages of legal deposit law in a country.
  7. List four National Information legislations in Kenya.
  8. Outline two international Conventions relating to information.
  9. Explain four reasons that make most information Legislations in Kenya difficult to enforce.
  10. Highlight six weaknesses of Kenya Library Association (KLA) in upholding member’s professional skills.
  11. Highlight the functions of a professional association.
  12. As a librarian how do you exercise your freedom of expression?
  13. What is freedom of expression?

 

TOPIC 4

CENSORSHIP

Refers to the suppression of speech,public, communication or other Information on the basis that such material is considered objection.

Explain circumstance that led to censorship

  1. For moral censorship –there are some facts that may be inappropriate for the audience such as pornography. This should not be disclosing to children since it will ruin their behavior.
  2. Military censorship- all the information may be censored since it guarantees that the enemy cannot get information that might be used plan an attack.
  3. Political censorship- a government may hold back certain kind of information and censored
  4. Religious censorship-there dominant religion which removes or change kind of information
  5. Corporate censorship-some business stop publication of materials because it shows some of their business idea or their employees in bad light is not good.

how censorship in libraries and information center are carried out

  • Through users discovers material in the library that they find objectionable
  • The user alerts library staff about the materials and often assumes are not aware of the material and will agree with them to remove it.
  • Material are seldom removed through this process because material have already met selection process policy standards. Materials are usually remove for political purpose.
  • Through seek in more official routes by patron; filling out a challenge form.
  • Through contacting the local media organizing an ado protesting group, staging a peaceful protest and outright theft or destruction of the materials from the library circulation.
  • They also consider complain and review material in question.
  • Through comparing of materials to material selection policy that is guidelines by which libraries chose materials for selection.

importance of having legal procedures in information centers.  Legal procedures re the method by which legal rights are enforced.

  1. It helps in elimination of common misunderstanding by the identifying job responsibilities. This will have allowed managers to control events in advance and prevent the organization from making costly mistakes.
  2. Procedure has a substance – in the practice of regard for procedure it has substance in all aspects both in life and an organization.
  3. It gives clearly sequence of steps to be followed in a consistent manner. This is done the creating and define right that exist under the law.

TOPIC 5

Information policy

information policy 20 hrs

  • meaning of information policy
  • purpose of onformation policy
  • types of information policies
  • legal framework in information services
  • procedures of formulating information policy

Information policy

is the set of all public laws, regulations and policies that encourage, discourage, or regulate the creation, use, storage, access, and communication and  dissemination  of information

information policy refers to the laws and policies that deal with the stages information goes through beginning with its creation, through its collection, organization, dissemination, and finally to its destruction

There are several fundamental issues that comprise information policy.

  1. Public policy– issues concerned with the use of information for democratization and commercialization of social life. These issues include, inter alia, digital environment, such as
  2. intellectual property, economic regulations, freedom of expression, confidentiality or privacy of information,
  3. information security, access management, and regulating how the dissemination of public information occurs.

Types and importance

The types of information policy can be separated into two different categories. It can be discussed in :

  • short-term focus exclusively on information science. It can also have a much broader context in relation to different subjects and be within a larger time period, for example

reason for the need of information policy

  • deals with the legal issues that can be associated with the advancement of technology.
  • More precisely, — the digitization of the cultural content made the cost of the copy decreasing to nearly zero and increased the illegal exchange of files, online, via sharing web site or off line (copy of hard disks). As a result, there are many grey areas between what users can and cannot do, and this creates the need for some sort of regulation.
  • mark the boundaries needed to evaluate certain issues dealing with the creation, processing, exchange, access, and use of information

Information policy includes:

  • Literacy
  • Privatization and distribution of government information
  • Freedom of information access
  • Protection of personal privacy
  • Intellectual property rights

 

Types of information policies

  1. Public policy issue:

a fundamental enduring conflict among and between objectives, goals, customs, plans, activities and stakeholders, not likely to be resolved completely in favor of any polar position in that conflict, but changes in environment may require striking a fresh balance among conflicting forces from time to time.

  1. ICT Policy:

Information and Communications Technologies (ICT) environment is dynamic and rapid technological development is changing how we communicate and access information and services. Separate frameworks have guided the development of the Telecommunications & Postal Services sector since 1994.

  1. Circulars policy:

A government circular is a written statement of government policy. It will often provide information, guidance, rules, and/or background information on legislative or procedural matters.

Importance of information policy in a country.

  1. It shapes the flows of information in a country
  2. It directly restricts the flow of information of country
  3. It protects country’s information privacy
  4. It provides freedom of information access in a country
  5. 5.It enhances the privatization and distribution of government/ county’s information.
  6. For avoiding risks (financial losses from incomplete and uncoordinated exploitation of information, wasted time, failures of innovation, and reputation loss);
  7. For positive benefits, including negotiation and openness among those responsible for different aspects of information management
  8. Productive use of IT in supporting staff in their use of information
  9. Ability to initiate change to take advantage of changing environments

Role of information legislation/law

  1. governs the extent to which citizens can gain access to information held by central Government and other public authorities.
  2. information law seeks to guard against the misuse of personal, private and confidential information by public authorities, employers, media organisations and others
  3. Information law is also becoming an increasing important facet of other specialist areas of legal practice – such as employment law, public law and business law.
  4. to supervise and regulate persons in the information services industry in accordance with the information Services Act and data protection legislation
  5. To allow regulators to assist in improving the stability an effectiveness of information services
  6. To allow regulators to exclude from the information  system and those who may abuse it
  7. To facilitate a seamless and expeditious flow of information between information sector regulators, the private sector and law enforcement agencies

Types of  information policies /National information Legislation in Kenya

National information legislation in Kenya are:

  1. Kenya National Library Service (KNLS) act
  2. Kenya National Archives and Documentation Services (KNADS) act
  3. Copyright law
  4. Information privacy.

Issues

There are some issues around organizational information polices,[5] which are the interaction between human beings and technology for using information,

  • the issue to proceed information policy itself, whether to-down or middle-up-down, is the best way to approach information policy in an organization. Also,
  • issues that information is tend to be influenced by organization’s culture that resulted in complexity of information flow. Moreover,
  • the concern about valuing information is discussed by Orna, the fact that value of information is depend on the user, and it can’t be measured by price. Considering that information is as assets or intellectual capital that become valuable when it is put in the productive ways.

Government role

Like with any policy, there needs to be an agent to govern and regulate it. With information policy in a broader sense, the government has several roles and responsibilities. Some examples include

  1. providing accurate information, producing and maintaining information that meets the specific needs of the public,
  2. protecting the privacy and confidentiality of personal and sensitive information, and making informed decisions on which information should be disseminated and how to distribute it effectively, among others
  3. , the analysis of information policy should not only include the formal decision making processes by government entities, but also the formal and informal decisions of both the private and public sector of governance

Security vs freedom of information

A persistent debate concerning the government role in information policy is the separation of security and freedom of information. Legislation such as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USAPATRIOT or USAPA) Act of 2001 is an example of security taking precedence over civil liberties. The USAPA affected several surveillance and privacy laws to include:[15]

  • Wire Tapping (Title III) which requires there be probable cause for real-time interception of voice and data communication.[15]
  • Electronic Communications Privacy Act(ECPA) regulates government access to email and other electronic communications.[15]
  • Foreign Intelligence Surveillance Act (FISA) authorizes the government to carry out electronic surveillance against any person, including Americans.[15]

real situation and study its outcome.

The future – where information policy is headed

In regards to the future of information policy, it should be

  • flexible and changing to different circumstances as the ability to access, store, and share information grows.
  • information policy might include setting a boundary to the uncertainty in this field. As information policy becomes a larger and more important topic,
  • it will also become a greater subject to governmental regulation in regards to the future of technology as well.
  • It will also include the studies of these subjects: information science, communications, library science, and technology studies.[2]

The information policies will earn more advantages for national and organizational,

  • influence people for paying attention to the socio aspect and socio-technical system, for securing preservation of digital content, bringing out information product,
  • also respecting all users and making thinking time respectable.
  • A single nation can take the lead in establishing communication-based relationships specifically regarding the internet. These relations will need to be slowly and consistently established in order to truly unify any kind of information policy and decision-making.
  • If information policy can be established and guided on a semi-national level, the degree of communication and cooperation throughout the world will increase dramatically.
  • As information policy continues to shape many aspects of society, these international relations will become vital (Harpham, 2011).
  • Information policy is playing a greater role in the economy leading to the production of goods and services, as well as selling them directly to consumers (UCLA, 2009).
  • The cost of information varies from a tangible good in that initial costs of the first unit are large and fixed; however, after that, marginal costs are relatively low (MacInnes, 2011).
  • As an increase from the information services, information can be paralleled to that of manufacturing several years ago (UCLA, 2009). The digitalization of information allows businesses to make better justified business decisions (MacInnes, 2011).

the importance of legal systems and legal procedures in an Information center

  1. The legal system gives every person a venue to file a complaint.
  2. Resolve disputes among those who can’t agree by themselves.
  3. They work as scholars to evolve the law as society evolve.

TOPIC 6-proffessional ethics in information management

CODE OF ETHICS

Code of Ethics refers to a statement of policies, rules or principles that guide behavior of information centre professionals.

It’s also referred to a set of guidelines which are set or designed for a particular group, association or profession. Codes of ethics certainly do not apply only on information center but they should guard the behaviors of all the persons in an information center and in everyday life. It increases confidence in an information center by showing outsiders those members of ethics guidelines in the cause of doing your work. They lay down standards of inherit professionalism and confidentiality which all members of the association shall be bound to respect they include:

  • Honesty
  • Competence
  • Open access
  • Privacy access  to information
  • Intellectual information

Purpose of code of ethics

  1. It reinforces the moral principles and commitments of an information centre by spelling out acceptable and responsible behavior in a way that is clear to all within the organization.
  2. It tells others what the information centre stands for and what to expect when providing their services
  3. it improve the quality and consistency
  4. 4.it raise awareness and consciousness of issues
  5. it improve the profile of profusion

Importance of professional code of ethics

  1. Access to information
  2. Privacy and security
  3. Responsibility towards and individual and society
  4. Nature personel intergrity and professional skills
  5. Open access to interlectual property

Components of Ethics

There are two parts of code of ethics namely:

  1. It outline the information centre aspiration
  2. It explains the information center’s values and translates them into standards and Procedures to be followed by the staff

Element /component of professionalism

  • Consistency
  • Integrity

Factors to considered in developing code of ethics for librarian and information professional

  • Purpose
  • Value
  • Process
  • Content of code
  • Implementation of the code
  • Language use for communication

Ethical standards for various information professionals

Librarian

  • Librarian should not discriminate or be against library users
  • Should respect confidentiality of every library users
  • Should honor the freedom of library in collecting and preserving library materials
  • Librarian should make it a professional aim to familiarize himself with materials of recording knowledge and experiences
  • Should actively participate in formation of policies in the operation and service of library
  • Should cooperate with other librarians in the effort to develop good confidential evidence.

Issues to be address in the code of ethics for librarian and others information personnel

  • The rationel of the code-this is the justification of the code .it explain why code has been develop and the purpose .it is meant to serve for organization
  • Ethical values of standards-this is provide the norms that guide the proffesion all beheviours,they set ethical target for all and can be considered backbone of any ethical code.
  • Performance standards-issues dealing with performance standards when dealing with client should be considered
  • Privacy-
  • Cultural aspect
  • Issues of interectual freedom
  • Gender issues
  • Professional development.

Organizational Structure refers to the administrative layout of an information centre, a pattern of relationship among members and positions in an information centre. Or it refers to the prescribed patterns of work-related behavior which are deliberately established for the accomplishment of the information centre’s objectives.

Role of an Organizational structure

  1. It divides work among members of the organization as well as coordinating activities so that they are directed towards achieving the goal and the objectives of the organization.
  2. It defines task responsibilities, work roles, relationship and communication channels
  3. It helps the staff members and interested outsiders to know how the library is organized
  4. It provides order/ clarifies relationship as well as showing the status of various positions
  5. It shows the flow of authority and responsibility

Chain of Command refers to the line of authority and responsibility along which orders are passed within an information center and between different sections. Orders are transmitted down the chain of command from higher ranked personnel such as a library manager to lower ranked personnel who either execute the order personally or transmit it down the chain as appropriate until it’s received by those expected to execute it.

Hierarchy refers to a group of people dedicated to carry out orders from the top that is of authority. It’s part of power structure. It makes clear who answers to who and where they fit in the chain of command

Efficiency is the ability to avoid wasting materials, energy, efforts, money, and time in doing something or in producing a desired result. In a more general sense, it is the ability to do things well, successfully, and without waste.

Decision making is regarded as the cognitive process resulting in the selection of a belief or a course of action among several alternative possibilities. The purpose of organizational structure is to show that a decision group can be seen as a task force built and assembled on top of organization.

Flexibility in serving clients: organizational structures occur when employees discover that one employee serves as a better leader than the others or when a group of employees comes together and inspires the development of new, creative ideas for accomplishing business tasks.

Types of organizational structure

  • Functional
  • Project
  • Matrix

Advantages of Functional Design/ Organizational Structure

  1. Efficient use of resources by grouping common task together resources can be well utilized in addition each department is able to serve other department efficiently.
  2. There is an independent skill development i.e. more intensive training of members is positive within departments.
  3. Provides clear career paths i.e. employee have a clear understanding of the job requirements and even the path that will lead to promotion.
  4. Enable strategic decision to be made at the top. A centralized decision structure facilities unity of direction.
  5. Enhances co-ordination within functions i.e. facilitates efficient communication process between members within a department and other outside the department.

Disadvantage of a functional design

  1. Show decision making because of different mangers coming up with various plan which has to be communicated to the other mangers for the fiscal decision to be made.
  2. Decision are made at the top
  3. Poor co-ordination access functional, unwillingness among members to support others can lead to poor co-ordination
  4. Performance responsibility is unclear, the failure and success of the organization are outcomes of all activates within the organization. The contributions of each department can’t be clearly known.
  5. Members can be less innovative because the member becomes focused only on the departmental rather than overall goal.
  6. Limited management training with limited training management mangers will be well equipped to solve problems in large organization

Revision Exercise 4

  1. Explain the types of organizational structures observed in most business organisation
  2. State the unethical practices that may be found among staff in an information centre
  3. Identify the indicators of low morale amongst staff in an information centre.
  4. State the ethical values required by an archivist to offer effective services
  5. Define the term “code of Ethics” as it applies to information science professionals
  6. List the purposes of code of ethics for information professionals
  7. Outline the unethical behavior that may practice by some library staff
  8. Highlight the Challenges that are likely to be encountered by libraries operating without code of ethics
  9. Explain the role of code of ethics for information providers
  10. List the information science related professions that have different codes of ethics
  11. State the unethical practices that may be found among staff in an information centre
  12. Highlight the challenges that have been encountered by Kenya information professionals in developing a code of ethics.
  13. Explain the ways of team building at workplace
  14. Explain the advantages of code of ethics.
  15. Highlight the levels of management that may be found in a library
  16. Discuss the impact span of management has on an organization’s structure.
  17. Discuss the meaning of organization design and show the major contingencies that affect design.
  18. Give an illustration of an organization structure for any of the following information centers

Library                                   

Archives                                         

Record Cent

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