Copyright protection for tests (Panel session: ”Copyright: how can we balance the needs of authors, publishers, users, researchers and clients”) by Dr. G.-Jürgen Hogrefe

Why copyright?  „Intellectual Property“  An out-dated, anachronistic concept?  Doesn’t fit into the digital age?  Inhibiting (scientific) progress?  A dinosaur ?

Why copyright?  It is a fundamental principle of all civilized societies  For example laid down in the UNIVERSAL DECLARATION OF HUMAN RIGHTS: Article 27. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Balancing the needs between right holders and users The Berne Convention states:  Authors of literary and artistic works shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. but  legislation permits restrictions/exceptions 1.special cases, 2.not conflict with a normal exploitation 3.not unreasonably conflict with legitimate interests of the author. The Three-Step Test

In USA: Fair Use (section 17 U.S.C. § 107) Reproduction is not an infringement, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, of copyright. Criteria that must be considered: 1.purpose and character of the use (commercial, nonprofit; educational) 2.nature of copyrighted work; 3.amount used in relation to the copyrighted work as a whole; 4.effect of use upon the market or value of copyrighted work.

General Challenges in Copyright today  New attitude in society (“information communism”)  Technology driven (“Everything possible should be allowed”)  Political trend towards less protection (General exception for science in Germany)  Politics does not see the damaging consequences

Copyright Challenges for Tests in the Digital World  Increased and more severe violations by o Criminal acts with/without commercial interest o Ignorance o “I don’t care” attitude  The answer is not one-dimensional o Create awareness o Offer new business models o Go against real criminal activities  Make use of new opportunities o Big data, services,

“The answer to the machine is in the machine” (Charles Clark)