Copyright Information

Compiled by
Christine L. Sundt

Last Update: September 29, 2008

 

 

IMPORTANT AND TIMELY!

 

"Orphan Works"

Orphan works are works (images/photos, letters, books, works of art, and others) that are still formally protected by copyright, but where a potential user—scholar, teacher, artist, publisher or other person or institution—is unable to clear rights because a) there is no copyright information associated with the work; b) the information is inadequate or inaccurate; or c) attempts to contact possible rights holders have proved futile (no one at last known address; publisher out of business, no responses to letters, etc.). [Source: College Art Association website - http://www.collegeart.org/orphan-works/]

The US Copyright Office hosted two public roundtable discussions on the topic of orphan works in order to hear from various stakeholders and organizations that had requested space to speak at the table. These discussions took place in Washington, DC, on July 26 and 27, 2005, and in Berkeley, California, on the campus of the University of California, on August 2, 2005. Transcripts of the discussions are available as PDF files; audio recordings of the Berkeley session are downloadable as mp3 files.

Notice of Inquiry Federal Register: January 26, 2005 (Volume 70, Number 16)
[Notices]
[Page 3739-3743]
http://www.copyright.gov/fedreg/2005/70fr3739.html
Initial Comments Library of Congress website (721 files) http://www.copyright.gov/orphan/comments/index.html
Reply Comments Library of Congress website (146 files) http://www.copyright.gov/orphan/comments/reply/
Notice of Public Roundtables Federal Register: July 7, 2005 (Volume 70, Number 129)
[Notices]
[Page 39341-39343]
http://www.copyright.gov/fedreg/2005/70fr39341.html
Roundtable July 26, 2005, Washington, DC http://www.copyright.gov/orphan/transcript/0726LOC.PDF
Roundtable July 27, 2005, Washington, DC http://www.copyright.gov/orphan/transcript/0727LOC.PDF
Roundtable August 2, 2005, Berkeley, CA http://www.copyright.gov/orphan/transcript/0802LOC.PDF
Roundtable [audio]

August 2, 2005, Berkeley, CA

http://www.copyright.gov/orphan/transcript/Orphan_Works_01.mp3
http://www.copyright.gov/orphan/transcript/Orphan_Works_02.mp3
http://www.copyright.gov/orphan/transcript/Orphan_Works_03.mp3
http://www.copyright.gov/orphan/transcript/Orphan_Works_04.mp3
http://www.copyright.gov/orphan/transcript/Orphan_Works_05.mp3
Final Report (with appendices) Library of Congress website http://www.copyright.gov/orphan/orphan-report-full.pdf
Testimony to Congressional Committee March 6, 2006 http://www.copyright.gov/docs/regstat030806.html
Orphan Works Act of 2006
HR 5439 IH
Introduced in House of Representatives, May 22, 2006 http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5439:

Stay tuned for additional developments as they unfold.


MEETINGS - PAST

MENU

Copyright Town Meetings organized by NINCH [National Initiative for a Networked Cultural Heritage] with support from the Samuel H. Kress Foundation

2003 Series

PLACE

FOCUS

Sponsor/Venue

February 22

New York, NY

Digital Publishing: A Practical Guide to Rights Challenges in the Electronic Environment for Artists, Museums, Authors, Publishers and Readers
See also: Robert Baron's program notes for this and two additional sessions on Intellectual Property and Academic Publishing in the 21st Century scheduled for Friday and Saturday, February 21 and 22, 2003, at the New York Hilton

College Art Association Conference with generous support from Cowan, Liebowitz & Latman, P.C.

April 12 Cleveland, OH Copyright for Artists and the Public: Artists Rights and Art's Rights Cleveland Museum of Art, Case Western Center for Law, Technology and the Arts, and Americans for the Arts
May 22 Portland, OR Creating Museum IP Policy in a Digital World American Association of Museums Conference, co-sponsored by the Canadian Heritage Information Network and the Intellectual Property Section of the Oregon State Bar

2002 Series

PLACE

FOCUS

Sponsor/Venue

March 23

ST. LOUIS, MO

The Changing Research and Collections Environment: The Information Commons Today (Agenda) [Meeting Report]

Art Libraries Society of North America (ARLIS/NA) and Visual Resources Association (VRA) joint meeting

September 7 TORONTO, ONTARIO The Creation of Copyright Policy in Museums [Meeting Report] Museum Computer Network annual conference
September 30 ATLANTA, GA Media Issues in the Digital Age: Copyright Strategies for Owners and Users Georgia Institute of Technology

2001 Series

PLACE

FOCUS

Sponsor/Venue

March 3

CHICAGO

Licensing Initiatives for Scholars and Teachers: Contributions from the Copyright Industry and Other Resources [Meeting Report]

College Art Association Conference

April 25

HOUSTON

Copyright Perspectives [Meeting Report]

Rice University

June 28

DENVER

Copyright & Primary Source Materials [Meeting Report]

Western States Digitization Conference

September 24

NEW YORK, NY

Intellectual Property and Multimedia in the Digital Age [Meeting Report]

New York Public Library

October 27

CINCINNATI, OH

New Strategies [Meeting Report]

Museum Computer Network (MCN) Conference

November 19

EUGENE, OR

Creating Policy [Meeting Report]

University of Oregon

Full 2001 Series Report

2000 Series

PLACE

FOCUS

Sponsor/Venue

January 11

CHICAGO

The Public Domain [Meeting Report]

The Chicago Historical Society

February 4

SYRACUSE, NY

Access: The DMCA and Digital Copyright Issues [Meeting Report]

Syracuse University

February 26

NEW YORK CITY

Tug of War between Faculty, University, and Publisher [Meeting Report]

The Museum of Modern Art/College Art Association Conference

March 7

CHAPEL HILL, NC

Distance Education [Meeting Report]

Friday Center, Triangle Research Libraries Network

April 5

SAN FRANCISCO

The Public Domain: Implied, Inferred and In Fact [Meeting Report]

Cathedral Hill Hotel, Visual Resources Association Conference

May 18

BALTIMORE

Copyright Confusion? Community Guides [Meeting Report]

Convention Center, American Association of Museums Annual Meeting

Full 2000 Series Report

First Series*

PLACE

FOCUS

Sponsor/Venue

February 16, 1997

NEW YORK, NY

Fair Use of Digital Images [Meeting Report]

Cooper Union/College Art Association

April 4, 1997

INDIANAPOLIS, IN

Fair Use, Education and Libraries [Meeting Report]

The Indiana University Institute for the Study of Intellectual Property and Education, Indiana University Purdue University at Indianapolis

April 27, 1997

ATLANTA, GA

Fair Use of Digital Images [Meeting Report]

American Association of Museums

September 26, 1997

PORTLAND, OR

Copyright Law in the Digital World: Fair Use, Education and Libraries after CONFU [Meeting Report]

Reed College

February 26, 1998

TORONTO

Copyright and Fair Use in the Digital World: Views from the Worlds of Scholarship, Publishing and Museums. Including Copyright Initiatives and Resource Delivery [Meeting Report]

Royal York Hotel, College Art Association Annual Meeting

*organized by the College Art Association and the American Council of Learned Societies with assistance from NINCH (National Initiative for a Networked Cultural Heritage).

Full 1997-1998 Series Report;
see also: Themes in the Town Meetings, by David Green


VIDEOCONFERENCES - PAST

Broadcast Date

Title

Sponsor/Producer

February 20, 1997

Multimedia Fair Use Guidelines: The Educational Gateway to the Information Age (Ivan Bender, Frank Connolly, Mary Levering, Lisa Livingston, Arnold Lutzker, Gregg Mathis, Carol Risher, Judith Saffer, Bernard Sorkin, Joann Stevens)

CCUMC

April 2, 1998

Am I a Crook? Copyright Issues on the Internet (Georgia Harper, Steven J. McDonald, Janis Bruwelheide)

PBS Adult Learning Services

May 21, 1999

Copyright in the New Millennium: The Digital Millennium Copyright Act and Copyright Term Extension (Laura N. (Lolly) Gasaway, Georgia Harper, Sharon A. Hogan, Peter A. Jaszi,Frederick W. Weingarten)

American Association of Law Libraries American Library Association Association of Research Libraries Medical Library Association Special Libraries Association

October 14, 1999

Libraries, Copyright, and the Internet (Laura N. (Lolly) Gasaway, Carrie Russell, Trisha L. Davis)

DALLAS TeleLearning

December 13, 2000

UCITA: A Guide to Understanding and Action (James Neal, Rodney Petersen, Sarah K. (Sally) Wiant, Catherine Wojewodzki)

American Association of Law Libraries American Library Association Association of Research Libraries Medical Library Association Special Libraries Association

February 8, 2001

Control, Conflict, and Courseware: Intellectual Property in Online Education (Georgia Harper, Kenneth Salomon)

DALLAS TeleLearning and PBS Adult Learning Services

February 20, 2003

Critical Challenges in Distance Education: Copyright Issues Online (Janis H. Bruwelheide, Georgia K. Harper, Steven J. McDonald)

DALLAS TeleLearning


 

 CONFU  

MENU

The "FINAL" CONFU Meeting, (program agenda) took place on Monday, May 18, 1998, at the Library of Congress, Madison Building, Mumford Room, 6th Floor. A summary report, FINAL REPORT TO THE COMMISSIONER ON THE CONCLUSION OF THE CONFERENCE ON FAIR USE, November 1998, has been published and may be viewed online or downloaded from http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.htm.

This was preceded by THE CONFERENCE ON FAIR USE: REPORT TO THE COMMISSIONER ON THE CONCLUSION OF THE FIRST PHASE OF THE CONFERENCE ON FAIR USE, SEPTEMBER 1997.

Paper copies of these reports may be obtained by sending or faxing a written request to:

CONFU Report [specify which one you want]
c/o Richard Maulsby, Director
Office of Public Affairs
U.S. Patent and Trademark Office
Washington, DC 20231
fax: (703) 308-5258:

The CONFU Documents Page: The guidelines, the endorsement process, endorsement tallies, and related reports related to the Conference on Fair Use (CONFU)

Following the May 19, 1997, agreement not to agree on the endorsement of the CONFU proposed guidelines, participants offer speculation about what's to follow:

DOCUMENTS AND SOURCES

 Papers, presentations  

MENU

 

 Document sources 

MENU



 Guidelines and policies 

MENU

CONFU

 Public domain 

Menu

Public Domain Art in an Age of Easier Mechanical Reproducibility, by Kenneth Hamma -- argues "that making visual reproductions of public domain art works available for use and reuse without charge would likely benefit the collecting institutions and would contribute to the public good."

Copyright Term and the Public Domain in the United States, by Peter Hirtle -- "begun as an expanded version of Lolly Gasaway's copyright chart, but with the primary focus on unpublished works. In this new version, the section on unpublished works has been updated to reflect copyright status as of 1 January 2004. A new section on the U.S. copyright status of works published outside of the U.S. has also been added. In order to facilitate printing, a PDF version of the file is available as well, and several new alternative copyright charts are listed in footnote 1."

The Public Domain: How to Find Copyright-Free Writings, Music, Art & More, by Stephen Fishman (560 pages, 2000)

Center for the Public Domain -- a non-profit foundation that supported the growth of a healthy and robust public domain by establishing programs, grants, and partnerships in the areas of academic research, medicine, law, education, media, technology, and the arts. This organization is no longer in business.

Public Domain Information -- at the Copyright Website, by Benedict O'Mahoney

Public Domain chart (Laura Gasaway)

Eldred v. Ashcroft -- an interesting case involving public domain works and retroactive extenstion of the term of copyright by way of the recently enacted Sonny Bono Copyright Term Extension Act of 1998, Pub. L. No. 105-298, 112 Stat. 2827 ("CTEA"), amending 17 U.S.C. 304(b)]. More at Openlaw. Among the many 'friends of the court' legal filings opposing the the term extension act is: College Art Association, Visual Resources Association, National Humanities Alliance, Consortium of College and University Media Centers and National Initiative for a Networked Cultural Heritage, prepared by Jeffrey P. Cunard, Bruce P. Keller, Christopher J. Robinson, and Rebecca Tushnet. See more at http://eon.law.harvard.edu/openlaw/eldredvashcroft/legal.html#amici The transcript of the October 9, 2002, oral arguments before the Supreme Court is available as a PDF file at http://www.supremecourtus.gov/oral_arguments/argument_transcripts/01-618.pdf

FREE THE MOUSE One of several buttons used to raise awareness of the Eldred v. Ashcroft case.

Why the Public Domain is Not Just a Mickey Mouse Issue, a paper by Diane M Zorich, presented at the Chicago Historical Society, January 11, 2000

 


 

 Useful web sites

MENU

 

 Miscellaneous

MENU


NEW -- IN PRINT & ONLINE:

MENU

Permissions, A Survival Guide: Blunt Talk about Art as Intellectual Property, by Susan M. Bielstein, Chicago & London, The University of Chicago Press (2006) ISBN 0-226-04637-0 (cloth) and 0-226-04638-9 (paper)

The New Gatekeepers: Emerging Challenges to Free Expression in the Arts, edited by Christopher Hawthorne and Andras Szanto with Mark Schapiro and Jeremy Simon, New York: Natioinal Arts Journalism Program, 2003, ISBN 0-9746383-0-7

Dear Images: Art, Copyright and Culture, edited by Daniel McClean and Karsten Shubert, London: Ridinghouse/ICA, 2002,ISBN 1-900300-37-0 (ICA), ISBN 0-9541710-2-0 (Ridinghouse), review © Henry Lydiate 2003

The Future of Ideas: The Fate of the Commons in a Connected World, by Lawrence Lessig (352 pages, 2001) (ISBN: 0375726446)

Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity, by Siva Vaidhyanathan, (288 pages, 2001) (ISBN: 0814788068)

The Digital Dilemma: Intellectual Property in the Information Age, Committee on Intellectual Property Rights in the Emerging Information Infrastructure, National Research Council (364 pages, 6 x 9, 2000)

Visual Resources Association Image Collection Guidelines: The Acquisition and Use of Images in Non-Profit Educational Visual Resources Collections, by VRA Committee on Intellectual Property Rights [click on 'Publications' to find this document]

A Museum Guide to Copyright and Trademark, by the American Association of Museums, Co-authors: Michael S. Shapiro, Brett I. Miller, Morgan, Lewis & Bockius LLP, Edited and introduced by Christine Steiner (PAPER 225PP. 1999 · ISBN 0-931201-63-2)

"Perspectives on Fair Use, Education, and Libraries," Journal of the American Society for Information Science, Volume 50, Number 14 (1999). Online ISSN: 1097-4571 Print ISSN: 0002-8231 (Copyright © 1999 John Wiley & Sons, Inc.)

 

Essays include:

  • Kenneth D. Crews, "Introduction and Overview"
  • Dwayne K. Buttler, "CONFU-sed: Security, Safe Harbors, and Fair-Use Guidelines."
  • Mary Levering, "What's Right About Fair-Use Guidelines for the Academic Community?"
  • Kenneth Frazier, "What's Wrong with the Fair-Use Guidelines for the Academic Community?"
  • Joann Stevens, "The Multimedia Guidelines"
  • Christine L. Sundt "Testing the Limits: The CONFU Digital-Image and Multimedia Guidelines and Their Consequences for Libraries and Educators"
  • Laura N. Gasaway, "Guidelines for Distance Learning and Interlibrary Loan: Doomed and More Doomed"
  • Kenneth D. Crews, "Electronic Reserves and Fair Use: The Outer Limits of CONFU"
  • Colin Day, "The Economics of Publishing: The Consequences of Library and Research Copying"
  • Kenneth D. Crews and Georgia K. Harper, "The Immunity Dilemma: Art State Colleges and Universities Still Liable for Copyright Infringements?"
  • Noemi A. Rivera-Morales, "Fair-Use Guidelines: A Selected Bibliography"

Send additional addresses to

MAIL


7555 visitors between March 22, 1996 and November 4, 1999

Since November 4, 1999 many visitors

http://www.uoregon.edu/~csundt/copyweb/
Last revision: 29 September 2008
Created by Christine L. Sundt

 

UO Home
Visual Resources Educator & Consultant| P.O. Box 5316| Eugene, OR 97405-0316| 541-485-1420