Medical records - who can access them? Whose records are they? Traditionally they are handled as privliged information; what if the subject is a minor and the parents or the state want access? (Child Interstate Abortion Notification Act)
Children have a different set of rights; parents can restrict a child's access to library materials (class consensus). The issue is children who are victim of abuse going to Planned Parenthood and the State of Indiana ordering them to turn over records (NYTimes: Planned Parenthood Is Told to Show Children's Files) The state says they have to do this to protect children from sexual predators, Planned Parenthood says its a fishing expedition, children need to be able to access privliged medical services.
Other issues: Citigroup lost data on four million customers. Also, Reporters Without Borders reports that China is shutting down all unofficial news sites and blogs. Finally, biometrics in libraries. Military surveillance of domestic political activity: okay? FBI holds military files, 80,000 pages worth, derived from military surveillance of domestic political activity. Finally, the Los Alamos whistle-blower was beaten by assailants who warned him to keep his mouth shut (and note the Los Alamos blog!)
And now... Copyright.
Copyright Protection - what it protects: not the idea, but the tangible expression thereof.
To qualify for copyright protection, a work must be "fixed in a tangible medium of expression." This means that the work must exist in some physical form for at least some period of time, no matter how brief. Virtually any form of expression will qualify as a tangible medium, including a computer's random access memory (RAM), the recording media that capture all radio and television broadcasts, and the scribbled notes on the back of an envelope that contain the basis for an impromptu speech.
In addition, the work must be original -- that is, independently created by the author. It doesn't matter if an author's creation is similar to existing works, or even if it is arguably lacking in quality, ingenuity or aesthetic merit. So long as the author toils without copying from someone else, the results are protected by copyright.
Finally, to receive copyright protection, a work must be the result of at least some creative effort on the part of its author. There is no hard and fast rule as to how much creativity is enough. As one example, a work must be more creative than a telephone book's white pages, which involve a straightforward alphabetical listing of telephone numbers rather than a creative selection of listings.
In its most general sense, a fair use is any copying of copyrighted material done for a limited and "transformative" purpose such as to comment upon, criticize or parody a copyrighted work. Such uses can be done without permission from the copyright owner. Another way of putting this is that fair use is a defense against infringement. If your use qualifies under the definition above, and as defined more specifically later in this chapter, then your use would not be considered an illegal infringement.
What is the character of the use?
What is the nature of the work to be used?
How much of the work will you use?
What effect would this use have on the market for the original or for permissions if the use were widespread?
