Research methodology

CHAPTER TWO

LITERATURE REVIEW

2.0 Introduction

This chapter reviews data according to different scholars; it specifically concentrates on data relating to Benefits of fair use application in Kyambogo University, the challenges in application of fair use in Kyambogo University and various techniques of application of fair use in utilization of information in academic libraries.

2.1 Benefits of fair use application in Kyambogo University.

Proper Acknowledgment of Cited Works, A manuscript represents original scholarly activity. Any material taken from another source must be documented, and in no case should one present another person’s work as one’s own. East Tennessee State University uses the definition of plagiarism given in Black’s Law Dictionary (Black, H. C., West Publishing Co., St. Paul, MN, 1968, p. 1308): “The act of appropriating the literary composition of another, or parts or passages of his/her writings, or the ideas or language [italics added] of the same, and passing them off as the product of one’s own mind.”

It must be understood that plagiarism may occur without exact duplication of another’s written work. If in doubt, students should check with the major professor and the School of Graduate Studies about the use of appropriate citations. Plagiarism will be treated according to ETSU’s Academic Misconduct Policy.

Use of Copyrighted Material  If extensive material from any previously copyrighted work is used in your manuscript beyond the “fair use” allowance, you alone are responsible for obtaining written permission from its copyright owners. The publisher usually has the authority to grant permission to quote large excerpts from the copyrighted work (see next paragraph for details), to use a figure or table from a copyrighted work, or can refer requests to the copyright owner or designated representative. The copyright owner may charge for permission to quote and the source should appear in your bibliography or reference list. Copies of these permission letters must be submitted and can be turned in by e-mail (redd@etsu.edu), in person, or by standard mail to the School of Graduate Studies.

In determining the extent of a written work that may be used without permission, consider the proportion of the material to be quoted in relation to the substance of the entire work. See The Chicago Manual of Style (2003) pages 135-139 for a discussion of fair use.  In general, use of any work in its entirety is hardly ever acceptable (p. 136, section 4.27). In no case should a standardized test or similar material be copied and included in a manuscript without written permission. According to Circular 21 (Reproduction of Copyrighted Works by Educators and Librarians, p. 11), “there shall be no copying of or from works intended to be ‘consumable’ in the course of study or of teaching.” These include workbooks, exercises, standardized tests and test booklets, and answer sheets and like consumable material.

Approval from Research Compliance Reviews  Compliance with federal regulations governing the use of human subjects, animal care, radiation, legend (proprietary) drugs, recombinant DNA, and the handling of hazardous materials in research is monitored by a number of federal agencies. Because of these regulations, research compliance is an area of importance to graduate students. If the thesis or dissertation research involves activity in any of these areas, students must verify that they have complied with the appropriate approval procedures prior to the initiation of the manuscript related to the research. Information concerning procedures for the use of human subjects may be obtained from the Institutional Review Board in the Office of Research and Sponsored Programs (http://www.etsu.edu/research/orspa.htm). Information regarding procedures for obtaining permission to use animals in research may be obtained from the Division of Laboratory Animal Resources (http://www.etsu.edu/com/dlar). Information regarding use of radioactive materials may be obtained from the Radiation Safety Officer (http://www.etsu.edu/ospa/rso), and information regarding use of recombinant DNA may be obtained from (http://www.etsu.edu/research/recombinantDNA.htm). Other issues related to compliance should be addressed to the office of the Vice Provost for Research in the Office of Sponsored Programs. The review is made in order to protect the rights of the human subjects, the welfare of the animals, and the safety of the investigators and the university community. A copy of each signed review must be included with the preliminary submission of the ETD manuscript and will be kept on file in the School of Graduate Studies.

2.2 CHALLENGES IN APPLICATION OF FAIR USE

This dynamic legal doctrine will no doubt continue to evolve along with educational, scholarly, and artistic practice. One area in which further developments certainly can be expected is that of so-called “orphan works”—texts (or images or music) that can no longer be reliably traced to a known copyright owner, and therefore cannot be licensed for use. Although the principles below address this problem obliquely, they do not by any means exhaust the range of possible solutions    —including those based in the application of fair use.

This code is not a guide to using material that people give the public permission to use, such as works covered by Creative Commons licenses. While fair use applies to such works, anyone may use those works in ways their owners authorize in addition to ways permitted by the fair use doctrine. Similarly, it is not a guide to the use of works that are in the public domain; those works may be used without any copyright limitation whatever, including uses that otherwise would far exceed the bounds of fair use.

Copyright law is “territorial,” which means that fair use applies to uses of copyrighted material in the United States, regardless of where in the world it originates. Hence, the principles in this code also apply regardless of a work’s origin, so long as the use takes place in the U.S. By the same token, these principles will not necessarily apply to uses outside the U.S., where fair use may have little or no legal status.

Under some circumstances, fair use rights can be overridden by contractual restrictions. Thus, these principles may not apply if a library has agreed, in a license agreement, donor agreement, or other contract, to forgo the exercise of fair use with respect to some set of collection materials. If fair use rights are to be preserved, library personnel in charge of acquisitions and procurement should be vigilant as they negotiate and enter into contracts related to collections materials.

The goal of copyright law and policy is to foster the progress of science, the creation of culture, and the dissemination of ideas. Its best-known feature is protection of owners’ rights. But copying, quoting, and generally re-using existing cultural and scientific material can be a critically important part of generating new research and culture and promoting intellectual exchange. In fact, the value of these practices is so well established that it is written into the social bargain at the heart of copyright law. We as a society give limited property rights to creators to encourage them to produce science and culture; at the same time, we guarantee that all works eventually will become part of the public domain and, in the meantime, we give other creators and speakers the opportunity to use copyrighted material without permission or payment in some circumstances. Without the second half of the bargain, we could all lose important new work and impoverish public discourse.

Fair use is widely and vigorously employed in many professional communities. For example, historians regularly quote both other historians’ writings and primary sources; filmmakers and visual artists use, reinterpret, and critique copyrighted material; scholars illustrate cultural commentary with textual, visual, and musical examples. Fair use is also healthy and vigorous in broadcast news and other commercial media, where references to popular films, classic TV programs, archival images, and popular songs are frequently unlicensed. Trade and academic publishers regularly rely on fair use to justify the incorporation of third-party material into books they produce. Librarians likewise need fair use to execute their mission on a daily basis.

No group of institutions, no matter how important their cultural function, is immune from the operation of copyright law. Academic and research libraries are not-for-profit institutions, but they still must build collections by buying books and subscribing to journals and databases. Likewise, they get no “free pass” simply because their function is to support education. That said, the United States Copyright Act is particularly solicitous of educational and academic uses in many circumstances. That solicitude is reflected in several structural features that benefit users of copyrighted material in and around the academic or research library. These include the specific exceptions contained in Sections 108, 110, and 121 of the Copyright Act and the special protections granted by Section 504(c)(2). Even when, as is often the case, specific exceptions don’t literally reach the proposed library.

As legislative history makes clear, these provisions were designed to complement rather than to supplant fair use, which has been part of copyright law for 170 years and remains the most fundamental of such structural features.5 Section 107 of the Act, which codified the fair use doctrine in 1976, specifically includes references in its preamble to a number of activities associated with the academic and research library mission, including “criticism, comment…, teaching…, scholarship, [and] research.”

Fair use is a user’s right. In fact, the Supreme Court has pointed out that it is fair use that keeps copyright from violating the First Amendment; without fair use and related exceptions, copyright would create an unconstitutional constraint on free expression. Creators, scholars, and other users face new challenges as copyright protects more works for longer periods, with increasingly draconian punishments and narrow, outdated specific exceptions. As a result, fair use is more important today than ever before.

Because copyright law does not specify exactly how to apply fair use, the fair use doctrine has a useful flexibility that allows the law to adjust to evolving circumstances and works to the advantage of society as a whole. Needs and practices differ with the field, with technology, and with time. Rather than following a prescriptive formula, lawyers and judges decide whether a particular use of copyrighted material is “fair” according to an “equitable rule of reason.” In effect, this amounts to taking all the facts and circumstances into account to decide whether an unlicensed use of copyrighted material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner.

This flexibility in the law can lead to uncertainty among librarians (as in other practice communities) about whether specific uses are fair. However, fair use is flexible, not unreliable. Like any exercise of expressive freedom, taking advantage of fair use in education and libraries depends on the application of general principles to specific situations. One way of easing this application is to document the considered attitudes and best practices of the library community as it works to apply the rules.

In weighing the balance at the heart of fair use analysis, judges generally refer to four types of considerations mentioned in Section 107 of the Copyright Act: the nature of the use, the nature of the work used, the extent of the use, and its economic effect (the so-called “four factors”). Over the years, attempts have been made to promulgate so-called “fair use guidelines,” with the goal of reducing uncertainty about the application of this formula—even at a cost to flexibility. Unfortunately, the processes by which most guidelines have been developed are suspect, and the results are almost universally over-restrictive.6 In fact, “bright line” tests and even “rules of thumb” are simply not appropriate to fair use analysis, which requires case-by-case determinations made through reasoning about how and why a new use repurposes or recontextualizes existing material.

2.3 DIFFERENT WAYS OF APPLICATION OF FAIR USE

Some librarians express concern that employing one’s fair use rights in good faith may inadvertently make material available for potential misuse by others. But— just as they must now—all future users will have to engage in fair use analysis for themselves and in their own context. Libraries should of course be prepared to assist students and others who have questions about how to exercise their own rights with regard to library materials, but the ultimate responsibility will lie with the user, not the library. But—just as they do now—libraries that employ fair use responsibly to make material available to students, to researchers, or even to public view are unlikely to have legal liability for uninvited and inappropriate downstream uses.

Perfect safety and absolute certainty are extremely rare in copyright law, as in many areas of law, and of life. Rather than sit idle until risk is reduced to zero, institutions often employ “risk management,” a healthy approach to policy making that seeks to enable important projects to go forward despite inevitable uncertainty by identifying possible risks (legal and otherwise) and reducing them to acceptable levels. This code of best practices should be of great assistance in arriving at rational risk management strategies, as it provides a more accurate picture of the risk (or lack thereof) associated with exercising legitimate fair use rights. Indeed, simply by articulating their consensus on this subject, academic and research librarians have already lowered the risk associated with these activities.11

CHAPTER THREE

RESEARCH METHODOLOGY

3.0 Introduction

This chapter presents the methodology which consists of the research design, area of study, study population, sample population and selection, sampling technique, data collection method, data quality control, data collection procedures and limitations of the study.

3.1 Research design

The research will use cross sectional survey research design. The function of a qualitative and quantitative research design will ensure that the evidence obtained enables the researcher to answer the initial question as unambiguously as possible

Qualitative approach: this approach gathers information based on an in depth understanding of human behavior and the resources that govern the behavior depending on the why and how of decisions making based on theoretical analysis and assumptions of the respondents.

Quantitative approach: this approach will be used to collect information that is in numerical form; This approach that deals with numerical expression in figures in terms of quantity which involves measurement of quantity and amounts, However quantitative approach will be used because of the following reasons; this approach eliminates behavioral biases were by the behavioral beliefs are done away with, the approach leads to accuracy were by results are not guessed, operational risks are reduced. This approach will be used in a way of getting actual figures and taking on calculations then getting answers.

3.2       Area of the study

The study will be carried out at Kyambogo University in kireka Kampala Uganda.

3.2 Study Population and Sample Size

The study will target university administrators, lecturers, and students.

3.3   Sampling Techniques

According to (Amin, 2005) sampling involves selecting a sample of the population in such a way that samples of the same size have equal chances of being selected.

The respondents will be selected using purposive sampling techniques. Berg (2006) purposive sampling, the researcher chooses the sample based on where they think would be appropriate for the study. A Purposive sampling technique will be used because it’s cheap.

3.4 Data Sources

Source of data will be from both primary and secondary sources.

• Primary data

Primary data will be obtained from the questionnaires administered on the target respondents to gain opinions and information on the study topic.

• Secondary sources

Secondary data is data which has been collected by individuals or agencies for purposes other than those of a particular research study. It is data developed for some purpose other than for helping to solve the research problem at hand (Bell, 1997). Secondary data will be sourced because it yields more accurate information than obtained through primary data, and it is also cheaper

      i.         3.5 Data Collection methods and instruments

The major instruments for data collection will be questionnaires and interview guide. Surveys will be just one part of a complete data collection and evaluation strategy. The major method of data collection for the study will be the survey, which will be done using selected instruments like questionnaires. The questionnaire will provide respondents with ample time to comprehend the questions raised and hence, they will be able to answer factually.

3.5.1 Questionnaires

The questionnaire will be used to collect quantitative data. The researcher will administer the questionnaires to different respondents in university, which will be designed basing on study objectives and questions. Respondents will read and write the questionnaires themselves. The questionnaires will be close ended and will be considered convenient because they will be administered to the literate and its anonymous nature will fetch unhindered responses.

The researcher will distribute questionnaires to the respondents and then respondents will answer the questionnaires themselves after wards the researcher will collect the questionnaires from the respondents.

3.5.2 Interviews

Qualitative data will be collected from the participants using interviews. The interview guide will be structured. The interviews will be held with, and will take approximately thirty to sixty minutes. This will be used since it’s the best tool for getting first-hand information /views, perceptions, feelings and attitudes of respondents. Both formal interviews will be used to get maximum information from the different respondents to participate in the research.

3.6 Reliability and validity of research instruments

3.6.1Validity and Reliability

The two terminologies emphasis data quality control

3.6.1. Validity

This refers to the extent to which results can be accurately interpreted and generalized to other populations (Oso and Onen, 2008). These writers further define validity as the extent to which instruments measure what they are intended to measure.

The researcher analysed the data collected and were need arises, the instrument was to be re-adjusted and re-design to improve reliability and validity.

3.6.2. Reliability

Reliability refers to the extent to which an instrument is able to measure one thing over and over again while producing the same results.

3.7 Data processing and analysis

The raw data will be coded, edited, and arranged ready for analyzing only completed raw data will be analysed using statistical tables and graphs.

Qualitative data will be used to analyse the response from the data

3.8 Anticipated limitations of the study

Financial constraint, cash flow may not flow as   expected but this will not affect the study. Respondents may delay in filling the questionnaire and fear to give information, but they will be persuaded that the information will be kept secret.