Archive for June, 2021

San Diego Harbor – A Must Visit in San Diego, California

June 10th, 2021

The San Diego Harbor is a self-supporting public corporation that was established by an act of the California State Legislature in 1962. It stated that the State of California is to develop its harbors and ports of the State for purposes that would benefit the people of the State. This act also has provisions stating that only a specially created district can go ahead and develop the harbors and the port facilities by balancing all the competing interests for the valuable tidelands in the area. The Harbor has been promoted and created to supplement the well-being and the interests of the people. It is developed as a tourist site for travelers and vacationers to enjoy apart from providing local livelihood for some of its residents.

Cruising in San Diego Harbor

If you are in the Harbor area, your best bet to enjoy your stay and vacation here is to go on a cruise ship. The port’s main cruise facility is located at B Street Pier in downtown San Diego along the North Harbor. The Harbor mans three cruise berths, one of which is a year-round cruise, so you don’t have to worry about going there at a specific time. That particular cruise is for the Carnival Elation. Other primary cruise lines that service the harbor include the Carnival Cruise Line, Holland America, Celebrity Cruises, Royal Caribbean, and the Princess Cruises. The cruise ship tourism has gained in number in the past few years. In 2002, it received 122 calls and went up to 219 calls in 2006. The number of tourists and passengers has also doubled during that time from 276,000 to 619,000 from 2002 to 2006 respectively.

A great thing about the citys port is its continued perseverance to educate people about maintaining the environment. The port engages in public education for both adults and schoolchildren regarding preventing pollution. They also protect the bay through storm water management and endangered species management. The Harbor is also constantly being improved by removing any hazardous wastes and contaminated sediments. So when you visit the harbor, you can expect to see a port that is clean and safe.

Places to Stay in the San Diego Harbor Area

If you are planning to spend a vacation near the tourist area of San Diego, you can surely find places to stay in the area. It is home to many luxurious and large-scale hotels; as of the moment the port of San Diego honors the tenancy agreements it has with nearly 20 hotels, some of which include the Marriott Hotel and Marina and the Manchester Grand Hyatt.

San Diego is one of the best places to be if you intend on having a vacation without completely leaving for an exotic location. It has all the beautiful parks and beaches that you can surely enjoy. It also has some of the best restaurants, shops, and museums for you to make memorable experiences with friends and family

The Teach Act – A Safe Harbor for Educational Use of Copyrighted Works

June 10th, 2021

Distance learning has become an increasingly popular means of teaching educational topics to students on-line in undergraduate, graduate and professional development venues. Such distance learning classes strive to match the face-to-face classroom learning experience, which often incorporate display of copyrighted materials,1 in particular digital formatted works, such as photographs, sound recordings and movies to supplement and fortify the learning experience. However, the rights of the copyright owner must be respected in view of Federal Copyright Laws (i.e., the Copyright Act2).

Use of copyrighted works for educational purposes is addressed in a broad sense in Section 107 of the Copyright Act which identifies a “fair use” defense to copyright infringement. Establishment of a “fair use” defense is a fact intensive effort that must be tailored to each individual situation. For example, Section 107 of the Copyright Act requires careful case specific consideration of: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

Rather than having to undertake such a fact intensive effort to defend copyright infringement, Section 110(a) of the Copyright Act promulgates a long standing “safe harbor” provision which allows the performance or display of a copyrighted work “by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom.”3

While Section 110(a) provides a “safe harbor” for use of copyrighted works in a face-to-face classroom setting, until the TEACH Act was codified in 2002, the law was not clear regarding use of such works in distance education settings. As a result, educators who used copyrighted works in distance education format risked infringement and/or had to rely on the fact intensive “fair use” defense, because such an educational format could be viewed as not being a face-to-face classroom setting.

Fortunately, Congress enacted the TEACH Act4 (Section 110(2) of the Copyright Act), extending the “safe-harbor” provisions to distance education. Thus, rather than relying on the fair-use defense to copyright infringement, the TEACH Act can be implemented in a checklist type manner. Such a checklist should address all of the TEACH Act requirements including whether: 1) the institution is a nonprofit accredited educational institution; 2) the copyrighted materials are directly relevant to the course; 3) whether controls are in place to limit access to only those students enrolled in the course; 4) only reasonable and limited parts of dramatic literary, musical, or audiovisual works are utilized; and 5) controls are in place to limit the students’ ability to retain or further distribute the materials. In addition, the checklist should address provisions of the Digital Millennium Copyright Act5 to ensure that the prohibition on use of encryption circumvention methods and devices is complied with.

Compliance with the “safe-harbor” provisions of the TEACH Act, for example by developing a comprehensive checklist that is consistent with the Copyright Act, should be implemented to ensure that educators who offer distance education programs are protected from the rough waters that could be encountered through copyright infringement actions.