Copyright and Preservation: A Serious Problem in Need of a Thoughtful Solution
Copyright Law, Libraries, and Universities: Overview, Recent Developments, and Future Issues
This Report represents the Working Group's examination and analysis to date. While it addresses each of the major areas of intellectual property law, it focuses primarily on copyright law and its application and effectiveness in the context of the NII.
See also her:homepage for citations to articles in print.
See also CIPO, below
Circular 1 - Copyright Basics
Circular 22 - How to Investigate the Copyright
Status of a Work
"The Authors Guild, the Association of American Publishers (AAP), and Google today announced a groundbreaking settlement agreement on behalf of a broad class of authors and publishers worldwide that would expand online access to millions of in-copyright books and other written materials in the U.S. from the collections of a number of major U.S. libraries participating in Google Book Search. The agreement, reached after two years of negotiations, would resolve a class-action lawsuit brought by book authors and the Authors Guild, as well as a separate lawsuit filed by five large publishers as representatives of the AAP's membership. The class action is subject to approval by the U.S. District Court for the Southern District of New York.
"The agreement promises to benefit readers and researchers, and enhance the ability of authors and publishers to distribute their content in digital form, by significantly expanding online access to works through Google Book Search, an ambitious effort to make millions of books searchable via the Web. The agreement acknowledges the rights and interests of copyright owners, provides an efficient means for them to control how their intellectual property is accessed online and enables them to receive compensation for online access to their works."
"This is the settlement administration website for the Google Book Search Copyright Class Action Settlement. The purpose of this website is to inform you of a proposed Settlement of a class action lawsuit brought by authors and publishers, claiming that Google has violated their copyrights and those of other Rightsholders of Books and Inserts (click for definitions), by scanning their Books, creating an electronic database and displaying short excerpts without the permission of the copyright holders. Google denies the claims. The lawsuit is entitled The Authors Guild, Inc., et al. v. Google Inc., Case No. 05 CV 8136 (S.D.N.Y.)"
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"This website is maintained by Rust Consulting, Inc., the Settlement Administrator, with technical support and hosting provided by Google Inc., the defendant in the lawsuit. Please review the Privacy Policy for information concerning the use of any information that you provide through this website. This is the Only Authorized Website for this Settlement. Please do not rely upon other sites that may set out different and/or unauthorized information."
"Thank you for this opportunity to propose exemptions from Section 1201 of the Digital Millenium Copyright Act. Since the time of the first rulemaking we have directly experienced many additional problems with the Section 1201s prohibition on access control circumvention. We appreciate the chance to explain those problems and our proposed solution. The signatories of this comment are concerned about the effects of Section 1201 on preservation of works controlled by access devices. The Internet Archive, this comments principal author, is a non-profit library that started by archiving the web in order to provide an historical record to future generations, including those that visit its interactive sculpture in the Library of Congresss lobby. The Archive now provides free access to an enormous and wideranging collection of web pages, movies, books, sound recordings and software. We work every day to ensure that the explosion of digital creativity is not lost to history.
By this comment, we propose that Literary and audiovisual works embodied in software whose access control systems prohibit access to replicas of the works be exempted from the anti-circumvention provision of Section 1201(a)."
ARL offers a particularly rich and uptodate set of resources covering intellectual property issues, including ARL-commissioned reports and links to key resources at other sites. Highlights include:
- Recent Federal Relations Postings
- Copyright Term Extension
- Database Proposals and Legislation
- Uniform Computer Information Transactions Act (UCITA) Formerly UCC 2B
- Court Cases/Legal Decisions
- Conference on Fair Use (CONFU)
- Summary of International Copyright and IP Activites
- Intellectual Property: An Assessment of International ImplicationsCopyright, Education, and Technology: Facing the Challenges: A Web-based Workshop Series. Co-Sponsored by ARL and University of Maryland University College
- Amicus Brief: Hyperlaw v. West Publishing Company
- Opinion regarding copyrightability of West's Changes to the text of Decisions
- Opinion and dissesnt regarding copyrightability of West's pagination
- Additional Information
- Copyright/Intellectual Property Articles from the ARL Newsletter
- Copyright and the NII: Resources for the Library and Education Community
- United States Intellectual Propery Issues
- Fair Use in the Electronic Age: Serving the Public Interest, a joint statement from several library associations (1998)
- University of California Copyright Task Force Report
- U.S. Copyright Act of 1976(Section 106 and Section 107 on FTP)
- Copyright and Intellectual Property Policy Statements
- Copyright Timeline
- AnOpen Letter to Congressfrom the Digital Future Coalition(1995)
- 1995 ARL/ACLS Letter on Copyright Awareness
- Additional Copyright Resourcesfrom the ARL's office of Scholarly Communication
- Copyright Resources on ARL FTP site--Documents 1996 and earlier
"A project coordinated by EBLIDA. Electronic journals and other Web products represent a growing market. Citizens require more and easier access to electronic documents. Libraries play a key role here, involving major changes in library purchasing habits. In the electronic enviroment, librarians continue to purchase physical objects e.g. books but now also access to electronic material. For this, licensing agreements are needed. Licenses must be negotiated with national and international publishers. Understanding this fast developing market to CEE countries, librarians require training. CELIP will support the development of the professional skills of librarians in CEE countries in this crucial area of licensing."
"The Digital Future Coalition (DFC) is committed to striking an appropriate balance in law and public policy between protecting intellectual property and affording public access to it. The DFC is the result of a unique collaboration of many of the nation's leading non-profit educational, scholarly, library, and consumer groups, together with major commercial trade associations representing leaders in the consumer electronics, telecommunications, computer, and network access industries."
The Copyright Management Center (CMC) serves the Indiana University-Purdue University Indianapolis (IUPUI) and larger Indiana University community with the management of copyright issues arising in the creation of original works and in the use of existing copyrighted works for teaching, research, and service. Indiana University is a complex organization with ambitious programs for the creation and dissemination of new knowledge. IUPUI, in particular, provides a broad mix of academic programs with a rich agenda for creative teaching and ambitious research. The CMC originated at IUPUI in 1994 specifically in response to those needs; it was the first office of its kind at any college or university in the United States.
"... is an international organization dedicated to promoting the use and protection of works of the human spirit. These works intellectual property are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations."
URL: http://cool-palimpsest.stanford.edu/bytopic/intprop/index.html
Timestamp: Monday, 24-Nov-2008 16:07:10 PST
Retrieved: Saturday, 17-Jan-2009 13:58:14 GMT