Situation Report, updated October 1999
Copyright and Fair Use
The current environment is becoming even more heated as academic press and universities
enter the fray. Long-time heavy weights in the publishing arena are getting significant
pushback from schools and electronic distributors. Reed Elsevier has been among
the most vocal in defending their right to republish scholarly material and retain
copyright.
The Web has raised significant issues of distribution and retention of copyright.
The Chronicle of Higher Education has the most reliable and unbiased
accounts of the situation. A quick search of their site will bring back many
valuable articles chronicling events over the last few years.
The PEAK project, hosted in part by The University of Michigan, will yield
interesting information both on the perception on the part of publishers of
use of electronic scholarly journals and the actual use by students and scholars.
The URL for PEAK is http://www.lib.umich.edu/libhome/peak/
Useful Websites
- United States Copyright Office, Library of Congress
http://lcweb.loc.gov/copyright/
United States Copyright Office of the Library of Congress remains the
single best source on copyright legislation and trends in the marketplace.
This site is updated frequently and includes up to date information and
links to websites on WIPO, URAA, the impact of the Sonny Bono Copyright
Term Extension Act, implications for distance learning and reserve
material, etc.
Library of Congress Copyright website update:
The LC page now includes the Report on Copyright and Digital Distance
Education. The report is 353 pages long. Reviewing the 25 page Executive
Summary is advised before using a ream of paper to print this report.
http://www.loc.gov/copyright/cpypub/de_rprt.pdf
- Digital Millennium Copyright Act
http://lcweb.loc.gov/copyright/legislation/dmca.pdf
The Digital Millennium Copyright Act, signed into law on October 28, 1998,
amended the copyright law to provide limitations for service provider liability
relating to material online. New subsection 512(c) of the copyright law
provides limitations on service provider liability with respect to information
residing, at direction of a user, on a system or network that the service
provider controls or operates, if the service provider has designated an
agent for notification of claimed infringement by providing contact information
to the Copyright Office and through the service providers publicly
accessible website. 17 U.S.C. 512(c).
There are 5 titles in the Act, each of special signficance to libraries
and educational institutions.
- Association of Research Libraries
http://arl.cni.org/info/frn/copy/copytoc.html
The ARL site remains one of the most comprehensive sites for information
on Copyright, Intellectual Property, and Fair Use. The site is updated regularly,
usually every month or two.
- Digital Images Fair Use Guidelines A Summary of Concerns (Association
of Research Libraries)
http://www.arl.org/info/frn/copy/image.html
- Union for the Public Domain
http://www.public-domain.org/
- The International Intellectual Property Alliance (IIPA)
http://www.iipa.com/
- Fair Use Online
http://cyber.law.harvard.edu/fairuse/
- Copyright Society of the USA
http://www.csusa.org/
The Copyright Society of the U.S.A. is a nonprofit corporation
organized in 1953. It was established to foster interest in and advance
the study of copyright law and of rights in literature, music, art, the
theatre, motion pictures and other forms of intellectual property. The Societys
membership is comprised of individuals, business organizations, law firms
and associations which are involved in or affected by copyright, including
those based on new technologies for creating and using copyrightable works.
Members reside in the United States and elsewhere in the world.
- Portal coverage of Copyright issues
http://headlines.yahoo.com/Full_Coverage/Tech/ Digital_Copyright_Law/
Even Yahoo! has gotten on board with the Digital Copyright Law issues. They
have a page dedicated to it, under their technology section. The coverage
is spotty, some articles inflammatory, but Yahoo! is doing a decent job of
highlighting the issues.
- Indiana University Online Copyright Tutorial
http://www.iupui.edu/it/~copyinfo/
- University of Houston Libraries: Resources: Legal
http://info.lib.uh.edu/sepb/rlegal.htm
A meta site for Copyright and Fair Use information valuable to libraries.
- Pending Copyright Legislation, 105th Congress
http://lcweb.loc.gov/copyright/penleg.html
- Scholarly Electronic Publishing Bibliography
http://info.lib.uh.edu/sepb/sepb.html
A bibliography maintained by Charles W. Bailey, Jr. Most links are recent
to the latest three months. A nice mix of legal, library, and scholarship
issues.
- Digital Future Coalition
http://www.dfc.org
- Legal Minds Community
http://www.legalminds.org
- Guide to Copyright for Music Librarians (Music Library Association)
http://www.musiclibraryassoc.org/Copyright/copyhome.htm
- Copyright & Fair Use, Stanford University Libraries
http://fairuse.stanford.edu/
- Fair Use Guidelines for Educational Multimedia. Draft, prepared by
Consortium of College and University Media Centers (CCUMC) Fair Access Working
Committee
http://www.vpaa.uillinois.edu/Althe.95/FairUse.html
- Digital Images and Fair Use Web Sites (Maryly Snow)
http://www.utsystem.edu/ogc/intellectualproperty/
portland.htm
Annotated Bibliography
Amaral, Kimberly. (1999 January 25) The digital imaging revolution: legal implications
and possible solutions. [On-line] Available on the World Wide Web:
http://www.umassd.edu/Public/People/KAmaral/Thesis/ digitalimaging.html
The author analyzes copyright law and trends as they apply to digital imaging
of objects including the use of scanners.
Association of Research Libraries (26 January 1999) Copyright and the NII:updates/e-news
1998 . [On-line] Available on the World Wide Web:
http://arl.cni.org/info/frn/copy/frncopy.html
Various stories about the Internet that affect research libraries including
copyright and similar legislation and related court cases.
Brinson, J. Dianne and Mark F.Radcliffe. (25 January 1999) An intellectual
property law primer for multimedia and Web developers. [On-line] Available on
the World Wide Web:
http://www.eff.org/pub/CAF/law/multimedia-handbook
An overview of the copyright laws and how they apply to multimedia and digital
works.
Brockel, Kathleen. (1999 January 25) The 411 on copyright for Net photos.
[On-line] Available on the World Wide Web:
http://www.gsu.edu/~lawppw/lawand.papers/KB4.html
The site, for photographers, gives the outline of copyright law as it applies
to photographs on the Internet. If the photographers secure a copyright, they
can make money from having their photos displayed on the Net.
The copyright Web site. (25 January 1999) [On-line] Available on the World
Wide Web: http://www.benedict.com/
The site gives a synopsis of copyright law with a section on what on the
Web is eligible for copyright protection and what isnt.
Fair use in the electronic age: serving the public interest. (26 January 1999)
[On-line] Available on the World Wide Web:
http://arl.cni.org/scomm/copyright/uses.html
Several library associations explore the legal usage of copyrighted works
by individuals, libraries and educational institutions in the digital age. In
this working paper, the associations call for a broad interpretation of the
fair use sections of the copyright law.
Field, Thomas G. (26 January 1999) Copyright for computer authors. [On-line]
Available on the World Wide Web:
http://www.fplc.edu/tfield/cOpySof.htm#TOC
An detailed overview of the copyright laws and how the laws apply to digital
material of all types. This site is part of the Franklin Pierce Law Center.
Greguras, Fred, Michael R. Eggar, Sandy J. Wong. (26 January 1999) Multimedia
content and the super highway: rapid acceleration or foot on the brake. [On-line]
Available on the World Wide Web:
http://www.eff.org/pub/CAF/law/multimedia-copyright
This paper summarizes the copyright and licensing issues involved in creating
multimedia content, describes activities in Japan with respect to such issues,
and proposes a U.S. multimedia clearinghouse. The authors look at literary works,
photographs, film clips and music works.
Guernsey, Lisa. (9 January 1998) A Provost Challenges His Faculty to Keep
Copyright on Journal Articles. He asks: Why should colleges pay publishers to
gain access to work produced on the campus? The Chronicle of Higher Education.
Section: Information Technology. Page: A29 [On-line] Available on the World
Wide Web: http://chronicle.com.
Posted with permission on /alcts/div/networked_resources/nrmcdocs.html
This material may not be posted, published, or distributed without permission
from The Chronicle.
At Yale University, for example, the university librarian, Scott Bennett,
has suggested that Yale add an advisory note to its copyright policy that would
encourage researchers to retain their copyrights when dealing with journal publishers.
The proposal has been posted on line to trigger discussion
( http://www.library.yale.edu/~llicense/bennett.html).
Guernsey, Lisa. (9 January 1998) George Washington U. Web Site Explains Copyright
Law. The Chronicle of Higher Education. Section: Information Technology.
Page: A29 [On-line] Available on thw World Wide Web: http://chronicle.com.
Posted with permission on /alcts/div/networked_resources/ nrmc.html
This material may not be posted, published, or distributed without permission
from The Chronicle.
George Washington University graduate students developed Copyright
Bay, a colorful World-Wide Web site that uses coastal metaphors to help
schoolteachers and professors navigate Fair Use Harbor, where
they can find guidelines on what can be safely photocopied or posted on line.
At the harbors eastern end is Dist-Ed Point, which focuses
on distance learning. Its just shy of the dread Infringement Reef
( http://www.wtaccess.com/users/gummess/coprbay/
coprbay.htm).
Many such sites (although not Copyright Bay), are
listed in an index based at the University of Iowa. Copyright and Multimedia
Law for Webbuilders and Multimedia Authors connects users to such resources
as the Web site of the U.S. Copyright Office and a page listing 10
Big Myths About Copyright. The Web-site index can be found at
http://www.lib.uiowa.edu/proj/webbuilder/ copyright.html.
Harper, Georgia. (25 January 1999) Copyright law in the electronic environment.
[On-line] Available on the World Wide Web:
http://www.utsystem.edu/OGC/IntellectualProperty/faculty.htm
She calls it a crash course on copyright. Ms Harper explains what protection
copyright grants, who are copyright holders, what is fair use and many other
topics. It is apparently written for the faculty at the University of Texas,
in order that the teachers dont infringe on anyones copyright.
Leventhal, Michael. (25 January 1999) WiredLaw. [On-line] Available on the
World Wide Web: http://www.wiredlaw.com/
Leventhal, head of the Technology and New Media Department of Wolf, Rifkin
& Shapiro LLP, gives an overview of the copyright law as it applies to technological
resources including Web sites. He explains cases that have been decided about
domain names registered with the Internet Network Information Center (InterNIC)
including the case between Kaplan and Princeton Review.
Mann, Charles C. (September 1998). Who will own your next good idea? The
Atlantic Monthly. September 1998. 282(3):57-82. [On-line] Available on the
World Wide Web in three parts:
http://www.theatlantic.com/issues/98sep/copy.htm
Charles C. Mann is a contributing editor of The Atlantic. His most recent
book is @ Large (1997), written with David Freedman. Illustrations by Theo Rudnak.
Martin, Gerard. (26 January 1999) Online fair use of copyrighted material:
issues and concerns. [On-line] Available on the World Wide Web:
http://www.eff.org/pub/Intellectual_property/ fair_use_online.article
With the Internet and Web usage growing exponentially, it is time to review
the concept and practice of fair use as it applies to the online environment.
He examines, philosophically, the idea of free information on
the Net or whether copyright should be strictly enforced.
National Academies. (3 November 1999) Legislators should go slow on electronic
copyright laws. [On-line] Available on the World Wide Web: http://www.national-academies.org
Short article announcing a report prepared by the National Research Council
on electronic property rights issues. The article links to a press release,
chairs statement, a report summary.
National Music Publishers Association. (26 January 1999) Local Swiss attorney
seizes Website in anticipation of potential criminal prosecution. [On-line]
Available on the World Wide Web: http://www.netclue.ch/nmpa.html
The announcement that several American music publishers have brought suit
against the Internets largest unauthorized Website, the International
Lyrics Server. After suit was brought in November, 1998, additional complaints
have resulted in the seizure of the computers and the contents of the site as
evidence.
National Research Council. Committee on Intellectual Property Rights in the
Emerging Information Infrastructure. 1999. The Digital Dilemma: Intellectual
Property in the Information Age. ISBN 0-309-06499-6
This book presents the multiple facets of digitized intellectual property,
defining terms, identifying key issues, and exploring alternatives. It follows
the complex threads of law, business, incentives to creators, the American tradition
of access to information, the international context, and the nature of human
behavior. Technology is explored for its ability to transfer content and its
potential to protect intellectual property rights. The book proposes research
and policy recommendations as well as principles for policymaking.
Nickell, Joe. (26 January 1999) We can work it out. [On-line] Available on
the World Wide Web:
http://www.wired.com/news/news/culture/story/17499.html
Pascal de Vries, proprietor of the International Lyrics Server, says that
hell try to work out a settlement to get the Web site back online. ILS
is not the only lyrics database on the Net. The proprietor of another site realizes
that he never received permission, but claims that the sites arent causing
financial damage to the copyright holders.
Norman, Sandy. (26 January 1999) Position paper on copyright in the electronic
environment. [On-line] Available on the World Wide Web: http://www.ifla.org/V/ebpb/copy.htm
Although libraries respect copyright holders, they believe that access to
information on the Web should be available to all, regardless of their ability
to pay. IFLA also believes that the lending of published electronic resources
by libraries for cultural and educational purposes should not be restricted
by legislation.
Oberman, Michael S. and Trebor Lloyd. (26 January 1999) Courts now confront
online photograph copying. [On-line] Available on the World Wide Web:
http://www.kramer-levin.com/ober1095.html
An online reprint of an article from the October 23, 1995 National Law Journal.
Even though there is no definite case law, the authors contend that scanning
of photographs , without the copyright holders permission, is a violation
of the law. They use cases with similar use of new technology to reach their
conclusions.
To Publish or Perish. (March 1998) Policy Perspectives. [On-line] Available
on the World Wide Web:
http://www.arl.org/scomm/pew/pewrept.html
This article is based on a national meeting of presidents, chief academic
officers, and librarians of major research universities across North America,
in addition to policy and legal experts, leaders of scholarly organizations,
and heads of academic publishing centers. It provides a valuable overview of
the issues and presents the fiscal issues in a critical light.
Weiner, Robert S.(26 January 1999) Copyright in a digital age: practical guidance
for information professionals in the midst of legal uncertainty. [On-line] Available
on the World Wide Web:
http://www.copyright.com/News/DigitalAge.html
Originally published in Online, May, 1997, this is a penetrating, though
biased analysis of what can be copyrighted and what is free on the Internet.
Arguments range from everything should be free on the Net to the Net should
reflect the print world and everything in between. Weiner, a VP of Sales and
Marketing for the Copyright Clearance Center believes that a rights management
licensing as the CCC manages for photocopying would be the best solution. For
now, both copyright holders and information professionals should develop copyright
policies.
Whats Fair Game? (September 1998) American Libraries, 29(8):51-54.
Publishing Executive Patricia Schroeder and Librarian James Neal Sound Off
Over How Many Bytes One Can Access Before Crossing the Digital Copyright Line.
Young, Jeffrey R. (11 January 1999) An On-Line Publisher Files Court Challenge
to Copyright-Extension Law. The Chronicle of Higher Education. Section:
Information Technology. Page: A20. [On-line] Available on the World Wide Web:
http://chronicle.com. Posted with
permission on /alcts/div/networked_resources/ nrmc.html This material
may not be posted, published, or distributed without permission from The Chronicle.
An on-line publisher of classic literature is challenging a law that extends
the copyright protection of published works for 20 years. The publisher, Eldritch
Press, filed a lawsuit in federal court last week arguing that the copyright-extension
law is unconstitutional because it unfairly enlarges the rights of copyright
holders at the expense of the publics right to have access to information.
The law allows copyright holders to maintain exclusive ownership of their works
for up to 95 years.
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