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	<title>Copyright Archives - Stanford Copyright and Fair Use Center</title>
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		<title>Who’s the Owner: A White Paper on “Improving Copyright Information Management: An Investigation of Options and Areas for Further Research”</title>
		<link>https://fairuse.stanford.edu/2014/03/27/whos-owner-white-paper-improving-copyright-information-management-investigation-options-areas-research/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Thu, 27 Mar 2014 21:29:35 +0000</pubDate>
				<category><![CDATA[Featured Posts]]></category>
		<category><![CDATA[Interviews]]></category>
		<category><![CDATA[Stanford]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[copyright office]]></category>
		<category><![CDATA[public roundtable]]></category>
		<category><![CDATA[recordation]]></category>
		<category><![CDATA[transfers]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=1529</guid>

					<description><![CDATA[<p>The U.S. Copyright Office came to Stanford Law School yesterday to conduct a roundtable on Recordation Reengineering,  The Stanford Law School Law and Policy Lab submitted comments and a thoughtful White Paper, and live tweeted the proceeding along with us (see @slspolicylab and @fairlyused). The Law and Policy Lab was represented at the roundtable by Peter Holm, third year law [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2014/03/27/whos-owner-white-paper-improving-copyright-information-management-investigation-options-areas-research/">Who’s the Owner: A White Paper on “Improving Copyright Information Management: An Investigation of Options and Areas for Further Research”</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The U.S. Copyright Office came to Stanford Law School yesterday to conduct a roundtable on <a href="http://www.copyright.gov/docs/recordation/">Recordation Reengineering</a>,  The Stanford Law School Law and Policy Lab submitted comments and a thoughtful White Paper, and live tweeted the proceeding along with us (see <a href="http://twiiter.com/SLSPolicyLab" target="_blank" rel="noopener noreferrer">@slspolicylab</a> and <a href="https://twitter.com/FairlyUsed" target="_blank" rel="noopener noreferrer">@fairlyused</a>). The Law and Policy Lab was represented at the roundtable by Peter Holm, third year law student.  We interviewed Peter to get the essence of the issue and the White Paper, which is available as <a href="http://www.copyright.gov/docs/recordation/comments/79fr2696/">document 23</a> on the Copyright Office comments page.</p>
<p>The roundtable was conducted by Robert Brauneis, Abraham L. Kaminstein Scholar in Residence, U.S. Copyright Office.</p>
<div id="attachment_1536" style="width: 310px" class="wp-caption alignleft"><a href="https://fairuse.stanford.edu/wp-content/uploads/2014/03/photo-2.jpg"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-1536" class="size-medium wp-image-1536 " src="https://fairuse.stanford.edu/wp-content/uploads/2014/03/photo-2-300x225.jpg" alt="Robert Brauneis, Abraham L. Kaminstein Scholar in Residence, U.S. Copyright Office" width="300" height="225" srcset="https://fairuse.stanford.edu/wp-content/uploads/2014/03/photo-2-300x225.jpg 300w, https://fairuse.stanford.edu/wp-content/uploads/2014/03/photo-2-1024x768.jpg 1024w, https://fairuse.stanford.edu/wp-content/uploads/2014/03/photo-2-1000x750.jpg 1000w, https://fairuse.stanford.edu/wp-content/uploads/2014/03/photo-2-160x120.jpg 160w, https://fairuse.stanford.edu/wp-content/uploads/2014/03/photo-2.jpg 1632w" sizes="(max-width: 300px) 100vw, 300px" /></a><p id="caption-attachment-1536" class="wp-caption-text">Robert Brauneis, Abraham L. Kaminstein Scholar in Residence, U.S. Copyright Office</p></div>
<p>The <a href="http://www.copyright.gov/docs/recordation/comments/79fr2696/Stanford_Law_School.pdf">White Paper</a> was submitted to Brauneis by Ariel Green, Sean Harb, Peter Holm, Kingdar Prussien, Kasonni Scales, and Juliana Yee, Copyright Policy Lab Practicum</p>
<p><span style="line-height: 1.5em;">Mary Minow: What was the impetus that led Stanford to research and write this White Paper?</span></p>
<p>Peter Holm:  The Copyright Office contacted Stanford initially and Professor Paul Goldstein contacted us.  I took a copyright class in the Fall of 2012 with Professor Goldstein. He emailed a few of us over the summer to see if we were interested. He described it as a chance to offer concrete suggestions to modernize the Copyright Office operations.</p>
<p>Minow: That sounds broad.  When did the focus narrow to copyright document recordations?</p>
<p>Holm:  That narrower focus developed in the Fall as we spoke with Maria Pallante, Register of Copyrights; Jacqueline Charlesworth, General Counsel, United States Copyright Office, and then with Professor Bob Brauneis who is there as a scholar in residence on these issues.</p>
<p>Minow:  Why does this matter?</p>
<p>Holm:  To have economic value, an owner of copyrighted works has to be able to sell and make his works available. If you don’t know who the owner is, you can&#8217;t make those transactions and the works lose value, so availability of this information is integral.</p>
<p>Minow: How do people find out now about who owns what copyrights?</p>
<p>Holm: It varies by industry.  Neither registration of copyrights nor recordation of copyright transfers are required, but both have benefits to the owner. Because taking these steps is voluntary, the amount of information available for any given work varies considerably.  So for example, in the music industry, there is extensive ownership information and licensing availability through ASCAP, BMI and the Harry Fox agency.  So if I want to play Elton John at a party open to all Stanford students, I can get a license from those collecting societies and not worry about who owns the rights.</p>
<p>Whereas if I find a book in the library, published in 1955 and I want to use it, it&#8217;s harder to find information.  There are probably records at the Copyright Office for the initial owner, as registration used to be required, but subsequent transfers might not have been recorded, so many questions remain. Did he transfer the copyright at some point? If not, is the author still alive? Did it go to his heirs, and who are they?</p>
<p>There is a substantial cost to investigating this, and often one doesn’t know who to talk to.</p>
<p>Minow: What’s the gist of your proposal?</p>
<p>Holm: It’s not a proposal per se. It’s really a list of options and tradeoffs.  We look at the role of the copyright office. Should it hold a giant database, partner with third parties?  Really it comes down to how do we best provide access to the public and get the information they need without overly burdening authors with unnecessary requirements?  We don’t want to make it too hard for them to exercise their rights to transfer works, since transfers are potentially beneficial.</p>
<p>Minow: What are the benefits of recording transfer documents, since it’s not required?</p>
<p>Holm:  It gives constructive notice of the transfer.  Also, if you record a transfer document there is a presumption of validity for that document over subsequent instruments of transfer of the same title.</p>
<p>Minow: Thanks for talking with us today.</p>
<p>&#8212;&#8212;</p>
<p>Peter Holm is a third year law student at Stanford Law School.</p>
<p>Mary Minow is the Executive Editor of the Stanford Copyright &amp; Fair Use page.</p>
<p>The post <a href="https://fairuse.stanford.edu/2014/03/27/whos-owner-white-paper-improving-copyright-information-management-investigation-options-areas-research/">Who’s the Owner: A White Paper on “Improving Copyright Information Management: An Investigation of Options and Areas for Further Research”</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">1529</post-id>	</item>
		<item>
		<title>The Next Great Copyright Act &#8211; add your voice by May 14th</title>
		<link>https://fairuse.stanford.edu/2013/04/29/petition/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Mon, 29 Apr 2013 15:24:02 +0000</pubDate>
				<category><![CDATA[Legislation]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[digital first sale]]></category>
		<category><![CDATA[first sale]]></category>
		<category><![CDATA[next great copyright act]]></category>
		<category><![CDATA[petitions]]></category>
		<category><![CDATA[register of copyrights]]></category>
		<category><![CDATA[remix]]></category>
		<category><![CDATA[white house]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=794</guid>

					<description><![CDATA[<p>You probably know that the Register of Copyrights testified before Congress last month that we need a new copyright act.  [See The Register&#8217;s Call for Updates to U.S. Copyright Law Subcommittee on Courts, Intellectual Property and the Internet (3/20/13) Related Lecture  View Webcast Part 1 &#124; Webcast Part 2] You probably have also noticed the erosion of First Sale as we live [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2013/04/29/petition/">The Next Great Copyright Act &#8211; add your voice by May 14th</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>You probably know that the Register of Copyrights testified before Congress last month that we need a new copyright act.  <em>[See <a href="http://www.copyright.gov/regstat/2013/regstat03202013.html">The Register&#8217;s Call for Updates to U.S. Copyright Law</a> Subcommittee on Courts, Intellectual Property and the Internet (3/20/13) <a href="http://www.copyright.gov/docs/next_great_copyright_act.pdf">Related Lecture</a>  View <a href="http://www.ustream.tv/recorded/30129016">Webcast Part 1</a> |<a href="http://www.ustream.tv/recorded/30132619"> Webcast Part 2</a>]</em></p>
<p><strong></strong>You probably have also noticed the erosion of First Sale as we live more and more in the land of digital. Witness the <a href="http://dockets.justia.com/docket/new-york/nysdce/1:2012cv00095/390216/" target="_blank" rel="noopener">Redigi</a> decision that said that even if you forward and delete, you can infringe copyright. That&#8217;s because you need to make a copy for sending before you delete your original.</p>
<p>You may also live in the real world where everyone is remixing digital content, yet the uncertainty that accompanies these creative efforts can be stifling to those that are aware of copyright penalties.</p>
<p>To that end, it is important to speak out and say what you need in the Next Great Copyright Act. Read the short petition below, and if you agree with it, sign it. If you know of communities that would sign, please forward. There&#8217;s a short deadline to get this out by May 14th.  If you don&#8217;t have a White House account, you can create one very easily.</p>
<p><a href="http://tinyurl.com/recastcopyright" target="_blank" rel="noopener">http://tinyurl.com/recastcopyright</a></p>
<p>WE PETITION THE OBAMA ADMINISTRATION TO:</p>
<h2>Recast copyright law for the digital era. It&#8217;s time to regain public respect with laws that make sense.</h2>
<p>The public disregards copyright law because it is out of sync with the digital age. We want the right to resell digital content (ebooks, etc.) that we&#8217;ve paid for. We need transparency in the marketplace to understand what rights we have.</p>
<p>Additionally, as responsible creators we need to be able to freely remix existing music and other forms of creative expression to create new works without undue fear of prosecution. This upholds the original Constitutional purpose of copyright, which is to promote progress.</p>
<p>This will nurture the process of innovation and the sharing of our culture. The language of the existing copyright law must be changed to accommodate the way information is being created and consumed in our digital world.</p>
<p>The post <a href="https://fairuse.stanford.edu/2013/04/29/petition/">The Next Great Copyright Act &#8211; add your voice by May 14th</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">794</post-id>	</item>
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		<title>Attack on Open Access</title>
		<link>https://fairuse.stanford.edu/2012/01/06/attack_on_open_access/</link>
		
		<dc:creator><![CDATA[Eli Edwards]]></dc:creator>
		<pubDate>Fri, 06 Jan 2012 16:36:06 +0000</pubDate>
				<category><![CDATA[Commentary]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[Elsevier]]></category>
		<category><![CDATA[Issa]]></category>
		<category><![CDATA[Maloney]]></category>
		<category><![CDATA[NIH]]></category>
		<category><![CDATA[open access]]></category>
		<category><![CDATA[Research Works Act]]></category>
		<category><![CDATA[scholarly publishing]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=105</guid>

					<description><![CDATA[<p>Even very popular government mandates have opponents, and the National Institutes of Health’s (NIH) Public Access Policy certainly has its critics. According to the agency, “The NIH Public Access Policy implements Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008). The law states:” The Director of the National Institutes of Health [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2012/01/06/attack_on_open_access/">Attack on Open Access</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Even very popular government mandates have opponents, and the National Institutes of Health’s (NIH) Public Access Policy certainly has its <a href="http://www.publishers.org/issues/5/9/" target="_blank" rel="noopener">critics</a>.</p>
<p>According to the agency, “The <a href="http://publicaccess.nih.gov/policy.htm" target="_blank" rel="noopener">NIH Public Access Policy</a> implements Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008). The law states:”</p>
<blockquote><p>The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.</p></blockquote>
<p>Critics of the policy are making a move, <a href="http://paulcourant.net/2008/09/17/fair-copyright-in-research-works/" target="_blank" rel="noopener">yet again</a>, to eviscerate it.</p>
<p>Last month, Representatives Darrel Issa (R-CA) and Carolyn Maloney (D-NY) introduced <a href="http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.3699:" target="_blank" rel="noopener">The Research Works Act, H.R. 3699</a>. The bill is currently referred to the House Committee on Oversight and Government Reform (which Rep. Issa chairs).</p>
<p>The Association of American Publishers <a href="http://www.publishers.org/press/56/" target="_blank" rel="noopener">lauds the bill</a>, which it describes as</p>
<blockquote><p>… [prohibiting] federal agencies from unauthorized free public dissemination of journal articles that report on research <em>which, to some degree, has been federally-funded</em> but is produced and published by private sector publishers receiving no such funding. It would also <em>prevent non-government authors from being required to agree to such free distribution of these works</em>. Additionally, it would <em>preempt federal agencies’ planned funding, development and back-office administration of their own electronic repositories for such works</em>, which would duplicate existing copyright-protected systems and unfairly compete with established university, society and commercial publishers.</p></blockquote>
<p>(Emphasis mine)</p>
<p>Evolutionary biologist and Public Library of Science co-founder Michael Eisen <a href="http://www.michaeleisen.org/blog/?p=807" target="_blank" rel="noopener">has done some research</a>, finding that 12 of Reed Elsivier’s (and their senior executives) 31 political contributions for 2011 went to Rep. Maloney, co-sponsor of the bill, <a href="http://maplight.org/us-congress/contributions?sort=asc&amp;order=Recipient&amp;s=1&amp;office_party=House%2CDemocrat%2CRepublican%2CIndependent&amp;election=2012&amp;string=Elsevier&amp;business_sector=any&amp;business_industry=any&amp;source=All">totaling $8,500</a>. He also argues that while the bill refers to “private-sector research work,” the definition of such in the bill encompasses research products that receive funds from government agencies, thus invalidating the NIH Public Access Policy.</p>
<p>Some Blogosphere reactions to the bill include:</p>
<p><a href="http://libraryattack.com/?p=343" target="_blank" rel="noopener">SOPA and the Research Works Act: Evil master plan or do publishers think so little of us?</a> from Library Attack</p>
<p><a href="http://www.keionline.org/node/1341" target="_blank" rel="noopener">Representatives Issa (R-CA) and Maloney (D-NY) introduce anti-open access legislation</a> from Knowledge Ecology International</p>
<p><a href="http://www.wired.com/wiredscience/2012/01/congress-considers-paywalling-science-you-already-paid-for/" target="_blank" rel="noopener">Congress Considers Paywalling Science You Already Paid For</a><br />
<a href="http://boingboing.net/2012/01/06/congress-wants-to-limit-open-a.html" target="_blank" rel="noopener">Congress wants to limit open access publishing for the US government’s $28B/year subsidized research</a> from BoingBoing</p>
<p><a href="http://www.theatlantic.com/technology/archive/2012/01/why-is-open-internet-champion-darrell-issa-supporting-an-attack-on-open-science/250929/" target="_blank" rel="noopener">Why Is Open-Internet Champion Darrell Issa Supporting an Attack on Open Science?</a> from The Atlantic Online</p>
<p><a href="http://scienceblogs.com/confessions/2012/01/scholarly_societies_its_time_t.php">Scholarly Societies: It&#8217;s time to abandon the AAP over The Research Works Act</a> from Confessions of a Science Librarian</p>
<p><a href="https://plus.google.com/u/0/109377556796183035206/posts/QYAH1jSJG6L">New bill to block open access to publicly-funded research</a> from Peter Suber</p>
<p>The Alliance for Taxpayer Access, an Open Access advocacy group, already has a <a href="http://www.taxpayeraccess.org/action/action_access/12-0106.shtml" target="_blank" rel="noopener">Take Action page</a>, asking supporters of the NIH Public Access Policy to call Reps. Issa and Maloney, as well as other members of the House Committee on Oversight and Government Reform.</p>
<p>We at Fairly Used will continue to look for news and reactions to this bill.</p>
<p>The post <a href="https://fairuse.stanford.edu/2012/01/06/attack_on_open_access/">Attack on Open Access</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">105</post-id>	</item>
		<item>
		<title>New Copyright Videos</title>
		<link>https://fairuse.stanford.edu/2010/12/21/new_copyright_videos/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Tue, 21 Dec 2010 12:05:30 +0000</pubDate>
				<category><![CDATA[Site News]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[Fair use]]></category>
		<category><![CDATA[foreign]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=95</guid>

					<description><![CDATA[<p>Copyright and controversies over its enforcement by no means limited to the United States. The world’s first copyright legislation was England’s Statute of Anne, enacted in 1710. The Berne Convention for the Protection of Literary and Artistic Works, the first international copyright agreement, was first written in 1886. And while debates over copyright enforcement, length [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2010/12/21/new_copyright_videos/">New Copyright Videos</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Copyright and controversies over its enforcement by no means limited to the United States. The world’s first copyright legislation was England’s <a href="http://www.copyrighthistory.com/anne.html" target="_blank" rel="noopener">Statute of Anne</a>, enacted in 1710. The <a href="http://www.wipo.int/treaties/en/ip/berne/summary_berne.html" target="_blank" rel="noopener">Berne Convention for the Protection of Literary and Artistic Works</a>, the first international copyright agreement, was first written in 1886. </p>
<p>And while debates over copyright enforcement, length of protection and the extent of exemptions continue in the U.S., similar efforts and arguments are being made in Canada, the UK and Europe.  Our <a href="" target="_blank" rel="noopener">video page</a> has excerpts from the ongoing conversation. One highlight is a speech on copyright from <a href="http://www.digital-rights.net/?page_id=1231" target="_blank" rel="noopener">Mathias Klang</a>, a researcher and senior lecturer at the University of Göteborg in Sweden. Most of the latest videos are from a July 2010 conference called <a href="http://www.openrightsgroup.org/orgcon-programme" target="_blank" rel="noopener">ORGCon</a>, conducted by the <a href="http://www.openrightsgroup.org/" target="_blank" rel="noopener">Open Rights Group</a>, a group devoted to advocating digital rights in the UK.</p>
<p>But for you hardcore Lawrence Lessig fans (and I am one, thank you very much), there’s also a new TED talk from him on copyright, fair use and remix culture mashed up with politics. Brief, but humorous and thought-provoking, as one would expect from Prof. Lessig.</p>
<p>&nbsp;&nbsp; &#8212; Eli Edwards, Content Minion</p>
<p>The post <a href="https://fairuse.stanford.edu/2010/12/21/new_copyright_videos/">New Copyright Videos</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">95</post-id>	</item>
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		<title>An Insider&#8217;s View of the WIPO: Interview with Janice T. Pilch, UIUC</title>
		<link>https://fairuse.stanford.edu/2010/07/30/an_insiders_view_of_the_wipo_i/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Fri, 30 Jul 2010 18:39:30 +0000</pubDate>
				<category><![CDATA[Featured Posts]]></category>
		<category><![CDATA[Interviews]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[Fair use]]></category>
		<category><![CDATA[international copyright]]></category>
		<category><![CDATA[treaties]]></category>
		<category><![CDATA[WIPO]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=90</guid>

					<description><![CDATA[<p>An Insider&#8217;s View of the WIPO: Interview with Janice T. Pilch, Associate Professor of Library Administration and Humanities Librarian at the University of Illinois at Urbana-Champaign An international copyright advocate for the Library Copyright Alliance, which consists of the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries, [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2010/07/30/an_insiders_view_of_the_wipo_i/">An Insider&#8217;s View of the WIPO: Interview with Janice T. Pilch, UIUC</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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										<content:encoded><![CDATA[</p>
<p><span class="mt-enclosure mt-enclosure-image"><a href="http://www.fairlyusedblog.com/PilchMinowInterview.jpg"><img decoding="async" alt="PilchMinowInterview.jpg" src="//www.fairlyusedblog.com/PilchMinowInterview-thumb-127x133.jpg" class="mt-image-left" style="float: left; margin: 0pt 20px 20px 0pt;" height="133" width="127" /></a></span></p>
<p><strong>An Insider&#8217;s View of the WIPO: Interview with Janice T. Pilch, Associate Professor of Library Administration and Humanities Librarian at the University of Illinois at Urbana-Champaign</strong></p>
</p>
<p>An international copyright advocate for the Library Copyright Alliance, which consists of the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries, Janice has represented the interests of U.S. libraries and the public at copyright-related meetings of the World Intellectual Property Organization (WIPO) and other international fora for the past three years. As an advocate, she develops position statements to advance fair and equitable access to information, contributing to LCA&#8217;s strategic effort to influence legislation and public policy governing use of copyrighted materials.</p>
<p>In 2009-2010 Janice also served as Visiting Program Officer on International Copyright for the Association of Research Libraries, responsible for research and policy formulation on international copyright issues relating to libraries.</p>
<p>At the ALA Annual Conference in June 2010 in Washington, Janice was a member of a panel co-sponsored by ACRL and the ALA Office for Information Technology Policy on &#8220;Why WIPO? Why International Copyright Matters.&#8221; We thought we would invite her to share some of her insights on the important work being done by the Library Copyright Alliance at WIPO in the global IP debate.</p>
<p><strong>Mary Minow:</strong><br />
How did you find yourself before WIPO in June, <a href="https://exchange.cites.uiuc.edu/owa/redir.aspx?C=c1e9293640e941a6a6bf2061cb2c5ef4&amp;URL=http%3A%2F%2Fwww.ifla.org%2Ffiles%2Fclm%2Fstatements%2Fwipo-sccr20-lca-statement_final-rev.pdf" target="_blank" rel="noopener">representing library</a>, and by extension, the public&#8217;s interests?</p>
<p><strong>Janice Pilch:</strong>  When the Library Copyright Alliance launched its international copyright advocacy program in October 2007, it gained accreditation as an NGO with observer status at WIPO. We set out to cover the work of three key WIPO committees: the Standing Committee on Copyright and Related Rights (SCCR), the Committee on Development and Intellectual Property (CDIP), and the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), as well as the WIPO General Assembly.</p>
<p><span id="more-90"></span></p>
<p>These committees are dealing with international treaty proposals and initiatives that impact the way that libraries and the public use copyrighted works and the future of information access. It&#8217;s critical for library organizations to be at the table for the discussions. In the most general terms, it&#8217;s about restoring the balance between private and public interests in copyright. I should mention that the LCA international copyright advocacy program has been generously funded by a grant from the John D. and Catherine T. MacArthur Foundation.</p>
<p>I have attended meetings of the General Assembly, CDIP and SCCR. In December 2009 and June 2010 I was the LCA representative to the SCCR, which is now is engaged in historic discussions on copyright limitations and exceptions in three areas: for blind, visually impaired, and reading disabled persons, for libraries and archives, and for education.</p>
<p><strong>Mary Minow: </strong>Why is international copyright important for libraries?</p>
<p><strong>Janice Pilch:</strong> There are several levels at which law is shaped &#8212; directly through the national legislation, and indirectly through international treaties and other international instruments that influence the national law. In some parts of the world, regional agreements also play an important role. In the U.S. we can influence lawmaking nationally, by reaching out to Congress &#8212; this is something that ALA does very well &#8212; and internationally, by sending representatives to WIPO to work from the top down, to shape the treaties and other instruments that condition the national law.</p>
<p>Because libraries preserve and provide access to the world&#8217;s intellectual heritage, they have an interest in promoting copyright laws that provide the broadest possible use of information for creativity, research and education. Library activity is made possible by limitations and exceptions to the exclusive rights of copyright holders. But there are no limitations or exceptions in the international instruments underlying the responsible work that libraries and archives do to keep information alive and circulating. Copyright limitations and exceptions for libraries exist as a matter of common practice in national laws, but they are not mandated by treaties. They are being compromised in the digital environment. They can disappear. Copyright limitations and exceptions are one of the most important issues currently on the agenda of the SCCR.</p>
<p>Engagement in international copyright issues is  especially important for libraries in developing nations, that experience the uneven effects of globalization, compounded by external pressure to adopt high standards of protection that do not benefit them domestically. We support the goals of the WIPO Development Agenda that was adopted at the 2007 WIPO General Assembly to change this. It aims to bridge the &#8220;digital divide&#8221; &#8212; the technology gap and the knowledge gap that has come about as a result of globalization, technological change, and trends toward higher protection of intellectual property associated with the WTO TRIPS Agreement. The work that LCA does at the CDIP is about improving access to knowledge for developing and least developed nations.</p>
<p>And in the IGC, WIPO is currently considering adoption of a treaty to protect traditional cultural expressions (TCEs), works of indigenous peoples and traditional communities. This would have far-reaching implications for indigenous peoples and other communities that are tradition bearers of these expressions. It would also affect libraries and museums holding collections that include TCEs &#8212; texts, audiovisual works, sound recordings, art, photographs, artifacts, and more, and also derivative works, such as collections of native folk tales and archives of anthropological research related to native history and culture. Because libraries and museums play a primary role in preserving cultural heritage, this is a key issue for us.</p>
<p><strong>Mary Minow:</strong> Can you describe the atmosphere at the WIPO proceedings?</p>
<p><strong>Janice Pilch:</strong> WIPO is a specialized agency of the U.N. Discussion is formal, governed by U.N. protocols. Government delegations raise their flags and speak in queue. The meetings are held in a large assembly room, consisting of delegations of WIPO Member States &#8212; 184 nations belong to WIPO &#8212; plus plus accredited IGO and NGO representatives. They are typically week-long meetings. Meetings go all day long, sometimes into the night.</p>
<p>Government delegations consist of a combination one or more heads of copyright, patent, or trademark offices, representatives from U.N. missions, government ambassadors, diplomats, or other senior government officials. Although it varies from meeting to meeting, usually there are several hundred government delegates present, plus the IGOs and NGOs.</p>
<p>The atmosphere is refined and polite, but discussions can be polarized, often with highly industrialized nations and developing nations presenting opposing interests. Regional groups play an important role. As in other U.N. bodies, regional groups wield power collectively. Examples of regional groups are the Group of Latin American and Caribbean Countries, the African Group, and the Asian Group. Group B is a cluster of industrialized countries. Agreement  between several regional groups is the way to get things done. </p>
<p><strong>Mary Minow:</strong> What do you do as an NGO representative at WIPO?</p>
<p><strong>Janice Pilch:</strong> We do a lot at the meetings, and put a lot into the preparation for meetings. As an observer organization, we prepare written statements and give statements, called interventions, on the floor. NGOs are given time usually at the end of a topic discussion, or at the beginning of a meeting, or end of a week-long meeting &#8212; usually 3 minutes &#8212; to take the microphone and deliver an intervention. We have to anticipate the flow of a discussion and also be ready to give statements on the fly if there is not a lot of advance notice.</p>
<p>We also prepare written documents for distribution to WIPO delegates, to clarify and reinforce library concerns. Our aim in doing this is to offer to government delegations information about libraries and archives, as well as our concerns, so that they will make better decisions.  Copyright law is not absolute &#8212; it is constantly changing, and it&#8217;s created by human beings. Who can better explain the practicalities of copyright law for libraries than librarians?</p>
<p>An example of such a written document is the <em>Statement of Principles on Copyright Exceptions and Limitations for Libraries and Archives</em> that LCA, along with eIFL.net and IFLA, wrote and distributed at the WIPO SCCR meeting in May 2009. The Statement outlines the urgency of taking action to expand limitations and exceptions to meet the needs of librarians and the public in the digital environment. It followed the WIPO <em>Study on Copyright Limitations and Exceptions for Libraries and Archives</em> prepared by Kenneth Crews, whom we all know as a leader in the area of libraries and copyright. </p>
<p>In addition, we work on new ideas related to committee meeting agendas that will benefit libraries. Sometimes the work results in new proposals officially put forward by government delegations, or studies, or information incorporated into studies. For example, in the CDIP there is a project involving the digital divide and access to knowledge that will include analysis on education and research, open access, and e-information services. Contributing feedback to projects like this enriches the discussion. The more information there is on the table, the greater the likelihood that the outcome will be reasonable and will consider the interests of all stakeholders. </p>
<p>In Geneva we also attend and speak at side meetings organized by official delegations, IGOs and NGOs, at lunchtime sessions or in the evening. They are sometimes on a specific issue, such as a new breaking development, and sometimes they are general meetings. During the breaks and other available free time, we engage with delegates, to make our concerns known, and to be supportive to them as well. We sometimes meet with the U.S delegation and we appreciate those meetings very much.</p>
<p>The work is collaborative. We work with other civil society organizations, especially other library organizations. Civil society organizations support each other, and do enormous amount of work. Increasingly committee chairs and delegations acknowledge the beneficial influence of NGOs, including library organizations, and this is gratifying for us. Our presence alone is important.</p>
<p><strong>Mary Minow:</strong> You&#8217;ve been to WIPO sessions before. Have you noticed any changes over the years?</p>
<p><strong>Janice Pilch: </strong>I have noticed changes in the three years that I have attended, since 2007 &#8212; all positive. Colleagues who have been involved in this work for much longer also note that the influence of NGOs has increased over the years, and that there is more acknowledgment of their participation. When library organizations started attending WIPO meetings, the organization was less receptive to our views. Now there is more cooperation. WIPO welcomes civil society participation but at the same time the main focus of WIPO is the promotion of IP protection worldwide, and that is the context we work in.</p>
<p>Many WIPO delegates express gratitude for our presence and support us, in their interventions. We feel that there is a cumulative effort in the work we do. On the issue of copyright limitations and exceptions for blind, visually impaired and other reading disabled persons, over time we have seen a move from resistance to the issue, to tenuous acceptance, to full agreement that this is an issue that demands a solution at WIPO.</p>
<p><strong>Mary Minow:</strong> Can you describe some of the surprising twists and turns on the copyright front for blind and reading disabled persons?</p>
<p><strong>Janice Pilch:</strong> This is such an important issue, and it has a long history. For decades, blind and visually disabled persons have been struggling for improved access to copyrighted works. In most countries it is difficult legally to copy and transform a copyrighted work into an accessible format, even as digital technology has made this easier. There is no international copyright treaty that contains a specific provision relating to the needs of blind and visually impaired people. The result is that provisions in national laws vary greatly from<br />
country to country. And there is no international framework that facilitates cross-border distribution of accessible versions.</p>
<p>The need for a solution has been under discussion since the early 1980s. A 1985 report issued by the Executive Committee for the Berne Convention and the Intergovernmental Committee of the Universal Copyright Convention recommended a solution in the form of a new treaty. But nothing happened. Even now it is estimated that in the U.S., less than 5% of published works are available in accessible formats. The problem is more acute in developing nations. This is an appalling figure.</p>
<p>To get the issue on the WIPO agenda, in 2004-2005 the government of Chile made several proposals to WIPO to address exceptions and limitations for education, libraries, and disabled persons, and the public interest. Library groups were fully behind these proposals.</p>
<p>WIPO responded positively to the 2005 proposal by Chile, and commissioned a series of new studies on limitations and exceptions in the digital environment covering three areas: for the visually impaired, for libraries and archives; and on educational activities and distance education, including cross-border issues. The WIPO <em>Study on Copyright Limitations and Exceptions for the Visually Impaired</em> by Judith Sullivan in 2007 identified only 57 nations that have a provision for visually impaired people in the national copyright law.</p>
<p>In July 2008 Brazil, Chile, Nicaragua and Uruguay presented a new proposal. There was discussion but no real action. Remarkably, the idea came under a lot of criticism when it was discussed at a November 2008 SCCR information session.</p>
<p>But one group was ready to take the process a step further to make something happen &#8212; the blind and reading disabled community. The World Blind Union made something happen. In October 2008 the WBU submitted to WIPO their proposal for a Treaty for Improved Access for Blind, Visually Impaired and Other Reading Disabled Persons. It was formally introduced at the May 2009 SCCR meeting by Brazil, Ecuador and Paraguay. It is now also supported by Mexico.</p>
<p>The proposal was introduced at about the same time that there was public reaction in the U.S. over Amazon&#8217;s Kindle 2 E-book reader. In April 2009 hundreds of people organized by the Reading Rights Coalition gathered in front of the headquarters of the Authors Guild in New York to protest the removal of the text-to-speech capabilities in Amazon&#8217;s new Kindle 2 E-book device. The Authors Guild had pressured Amazon to disable the synthetic speech function of Kindle 2, which it stated was a violation of copyright law.</p>
<p>Back to Geneva. The text step for WIPO was to discuss the treaty proposal. It was on the agenda for discussion at the SCCR meeting in December 2009, and was the most anticipated agenda item of the meeting. Seventeen NGOs representing blind and reading disabled persons had applied for special ad hoc accreditation to attend the meeting in<br />
support of the proposal.</p>
<p">What happened at this meeting was that after a series of interventions by government delegations, the U.S. delegation delivered an extraordinary statement. It expressed a firm commitment to reaching international consensus on copyright exceptions for persons with print disabilities, especially on cross-border distribution. It was a powerful statement and a dramatic moment that changed the tenor of the WIPO discussion. It was the major event at this meeting, it was exhilarating.</p>
<p>But I suppose it was too much to hope that a solution would be reached quickly. Since that meeting, three new proposals on limitations and exceptions for the reading disabled have been submitted &#8212; by the U.S., E.U., and the African Group. There are now four, and they are all very different, they all have a different focus. What this means is that the discussion has shifted to the issue of how to proceed on the issue.</p>
<p>During the SCCR meeting in June 2010, most delegations expressed appreciation for all the proposals, agreeing that the needs of the blind and visually disabled require a timely solution. But when it came time to draft conclusions of the meeting on the final day, disagreements surfaced. The delegations could not agree on how to proceed, and this issue was left without a written conclusion.</p>
</p>
<p>So we are back to a situation of uncertainty over what will happen. The issue has momentum and there is universal agreement that something needs to happen to improve accessibility for blind and reading disabled persons. It&#8217;s just not clear how quickly WIPO will come to a solution. The discussion will continue at the SCCR meeting in November. Needless to say, after the promising developments at the December 2009 meeting, the June 2010 meeting felt like a setback to many who attended.</p>
<p><strong>Mary Minow</strong>: What are some of the frustrations you find in negotiations that have nothing to do with the merits of the discussion?</p>
<p><strong>Janice Pilch</strong>: The slowness of the process can be frustrating. Because there are so many delegations weighing in on the deliberations, it can take days to complete discussion of one topic. The issues are complex and views often do not line up in ways that lead to clear solutions. I admire the ability of the committee chairs to work through discussions that can become quite entangled.</p>
<p>WIPO is consensus-based organization, and decisions can be reached only if there is full agreement. This has both good and bad consequences. When delegations agree on issues, the discussions are fruitful. But when political tensions arise, you see tactics used to stall or block the process, that can affect progress for years on end.</p>
<p><strong>Mary Minow:</strong> Anything hopeful?</p>
<p><strong>Janice Pilch:</strong> Yes, I think it&#8217;s all hopeful. Things might not change quickly, but the issues are moving in hopeful directions. The Development Agenda is progressing. New issues of open access, open licensing, and flexibilities in national law are being discussed in connection with projects designed to implement the Development Agenda. The SCCR has the issue of copyright limitations and exceptions on its agenda, and this offers us a chance to influence the way that libraries and archives use copyrighted works into the future, and it also offers a window of opportunity to improve copyright exceptions for education globally. The issue of copyright limitations and exceptions for the blind and reading disabled is receiving the most attention right now, and there is a sincere desire to reach a solution. The U.S. delegation is making great efforts to reach consensus on a solution to benefit blind and reading disabled persons.</p>
</p>
<p>In the matter of protection of traditional cultural expression, it&#8217;s hard to predict what the final result will be, or whether WIPO will be able to find an effective solution based on western legal norms.It is significant that indigenous representatives continue to be astrong force at WIPO, advocating for solutions that reflect their world views and their authority. This in itself is a positive influence, that goes beyond discussions of copyright law to issues of cultural sensitivity, respect, and recognition that belong in all national and international discussions. This is an important part of the process.</p>
</p">
<p>The post <a href="https://fairuse.stanford.edu/2010/07/30/an_insiders_view_of_the_wipo_i/">An Insider&#8217;s View of the WIPO: Interview with Janice T. Pilch, UIUC</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<title>Settlement in Marketing Information Masters v. California State University &#8211; a follow-up interview with Jonathan Pink on copyright and sovereign immunity</title>
		<link>https://fairuse.stanford.edu/2009/03/21/_normal_0_false_false/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Sat, 21 Mar 2009 18:01:24 +0000</pubDate>
				<category><![CDATA[Interviews]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[Eleventh Amendment]]></category>
		<category><![CDATA[Immunity]]></category>
		<category><![CDATA[Settlements]]></category>
		<category><![CDATA[Soverign Immunity]]></category>
		<category><![CDATA[University]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=47</guid>

					<description><![CDATA[<p>For background, see Jonathan Pink interviews: District Court Invalidates Portion of Copyright Act as Unconstitutional; Holds State University and Employee Immune From Claim for Copyright Infringement (April 15, 2008) and Follow up questions on state university copyright immunity case &#8211; Marketing Information Masters v. Trustees of the California State University (April 23, 2008) Minow: Can [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2009/03/21/_normal_0_false_false/">Settlement in Marketing Information Masters v. California State University &#8211; a follow-up interview with Jonathan Pink on copyright and sovereign immunity</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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										<content:encoded><![CDATA[<p>For background, see Jonathan Pink interviews: <a href="https://fairuse.stanford.edu/blog/2008/04/district-court-invalidates-por.html">District Court Invalidates Portion of Copyright Act as Unconstitutional; Holds State University and Employee Immune From Claim for Copyright Infringement</a> (April 15, 2008) and <a href="https://fairuse.stanford.edu/blog/2008/04/follow-up-questions-on-state-u.html">Follow up questions on state university copyright immunity case &#8211; Marketing Information Masters v. Trustees of the California State University</a> (April 23, 2008) </a></p>
<p>Minow: Can you tell us about the settlement in the <em><a href="http://news.justia.com/cases/featured/california/casdce/3:2006cv01682/92085/">Marketing Information Masters</a> </em>case?</p>
<p>Pink:&nbsp; Sure. The parties ultimately settled for $15K.&nbsp; The settlement was negotiated by my former partner because I moved firms just after filing the final motion that led to the court knocking out nearly everything that remained after we invalidated Section 511 of the Copyright Act.&nbsp; I had given the school a really low rate at my old firm, and unfortunately I could not keep them at that rate after the move, so I had to hand the case off.&nbsp; Nonetheless, I teed it up for settlement before I left by obtaining the court-ordered dismissal of nearly every claim, and by limiting plaintiff&#8217;s possible win to about $5,000.&nbsp; Even though the final settlement was 3X that number, and I think the school over paid, my client wanted to be done with the law suit and what they paid in settlement they saved in fees. Overall, still a good result.</p>
<p>Minow: Why such a low settlement?</p>
<p>Pink: Ultimately, the reason the settlement was so low all tracks back to the ruling you first wrote about, and then a follow up motion we filed that knocked out still more claims.&nbsp; That is, first we invalidated the plaintiff&#8217;s right to sue a state university for copyright infringement and assorted other claims, then we drastically whittled down the claims this plaintiff asserted against Professor Rauch .&nbsp; After that, the facts in this case simply did not support big damages.&nbsp; We were able to show that plaintiff never made more than $15,000 when it previously sold its report to the school, and it didn&#8217;t lose the sale of report at issue because the plaintiff had refused to prepare that report for the school unless they were paid a lot more money.&nbsp; Bottom line was that I thought we could have shown almost no damages, so we made a statutory offer of about $5000.&nbsp; When the plaintiff failed to accept that offer, he was stuck because, unless he was able win more than that at trial, he would have ended up paying our attorneys fees.&nbsp; It was a gamble, but I thought we were holding the better hand.&nbsp; Although I wasn&#8217;t involved in the final settlement talks because I moved firms, I understand that these tactics &#8211; and my former partner&#8217;s negotiating skills &#8211; allowed the client to close the case for nearly nothing.</p>
<p>Minow: Now here&#8217;s the key question. Can individual professors be held liable for copyright infringement even when they follow university copyright policies?</p>
<p>Pink:&nbsp; That is the key question, but because this case never went to trial, we can&#8217;t answer it with certainty.&nbsp; The qualified answer is probably not, but it will be a question of fact as to whether the professor followed the university&#8217;s copyright policies.&nbsp; In this case, the facts giving rise to the claim for infringement arose out of the conduct of an intern who was a visiting foreign student.&nbsp; The professor never knew that the student had copied text, and moreover, went of his way to correct that once it was brought to his attention.&nbsp; Of course, there is an argument that he should have known by more closely supervising the work.&nbsp; So did he follow the copyright policy of the university sufficiently to avoid liability?&nbsp;&nbsp; We don&#8217;t know.&nbsp; But it was worth $15K not to put that question to the test.</p>
<p>===========</p>
<p>Jonathan Pink is a member of the Intellectual Property Group at Bryan Cave , LLP.&nbsp; His practice focuses on high stakes copyright, trademark, trade secret and patent litigation.&nbsp; He can be reached at <a href="mailto:jonathan.pink@bryancave.com">jonathan.pink@bryancave.com</a></p>
<p>The post <a href="https://fairuse.stanford.edu/2009/03/21/_normal_0_false_false/">Settlement in Marketing Information Masters v. California State University &#8211; a follow-up interview with Jonathan Pink on copyright and sovereign immunity</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<title>New tool for evaluating copyright use by libraries &#8211; a quick interview with Michael Brewer</title>
		<link>https://fairuse.stanford.edu/2009/01/29/new_tool_for_evaluating_copyri/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Thu, 29 Jan 2009 12:14:36 +0000</pubDate>
				<category><![CDATA[Interviews]]></category>
		<category><![CDATA[Site News]]></category>
		<category><![CDATA[American Library Association]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[Section 108]]></category>
		<category><![CDATA[spinner]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=45</guid>

					<description><![CDATA[<p>The Stanford Copyright &#38; Fair Use page just added a new tool to its Charts and Tools page, the &#8220;Section 108 Spinner.&#8221; Minow: Tell us about the new Section 108 spinner. How does it work and what is its purpose? Brewer: The &#8220;Section 108 Spinner&#8221; was actually the first tool we created, but because at [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2009/01/29/new_tool_for_evaluating_copyri/">New tool for evaluating copyright use by libraries &#8211; a quick interview with Michael Brewer</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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										<content:encoded><![CDATA[<p>The Stanford Copyright &amp; Fair Use page just added a new tool to its <a href="https://fairuse.stanford.edu/charts_tools/">Charts and Tools</a> page, the &#8220;Section 108 Spinner.&#8221;</p>
<p><strong>Minow</strong>: Tell us about the new Section 108 spinner. How does it work and what is its purpose?</p>
<p><strong>Brewer:</strong> The &#8220;Section 108 Spinner&#8221; was actually the first tool we created, but because at that time the Section 108 study group had still not released their findings, we held off on releasing this tool and instead developed and released the &#8220;Digital Copyright Slider&#8221; first.&nbsp; Once it seemed clear that Section 108 was not going to change any time soon, we decided to go ahead and release the Spinner. The Spinner is focused more on educating and serving the needs of librarians, library staff and archivists.&nbsp; Basically it is there to help them determine when a reproduction of a copyrighted work would be covered by Section 108, the Library and Archives exemption in US Copyright Law.&nbsp; We are focused on promoting the online tool, but we do have some copies of the print tool that we&#8217;re handing out at conferences or other events.&nbsp; If we hear from people that having access to the print tool would be valuable for their institutions (for their staff in ILL, Special Collections, Collection Management, Public Services, etc.), we might consider making the print tool more broadly available as well.</p>
<p><strong>Minow:</strong> Do you have anything else up your sleeve?</p>
<p><strong>Brewer:</strong> We&#8217;ve got two more tools in development.&nbsp; One is a &#8220;Fair Use Evaluator&#8221; which will guide users through the process of making fair use evaluations.&nbsp; The tool collects the evidence and reasoning behind the justification provided by the user, and then provides this information back to them in a nicely formatted, time stamped PDF file for their records.&nbsp; Because Section 504(c) of the US Copyright Code affords some legal protection from statutory damages for those who can show that they made a good faith evaluation of their use and had reasonable grounds for believing it was fair, we feel this feature could be especially valuable.&nbsp; The second is an Educational Exemptions tool that will help instructors determine whether or not their use of a copyrighted work falls under Section 110 and 110(2) [the &#8220;face to face&#8221; teaching exemption and the TEACH Act], which allow for educational uses of copyrighted works without the permission of the copyright holder under certain circumstances. We&#8217;ve found that there is a lot of confusion out there concerning this portion of the law, so we thought an easy to use online tool might help. This tool can also collect and publish, in PDF format, the circumstances of the use provided by the user.&nbsp; We hope to have these two tools out by ALA Annual in July.</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;</p>
<p>Michael Brewer is Team Leader for Undergraduate Services, University of Arizona Library and a member of the American Library Association Office for Information Technology Policy Copyright Advisory Subcommittee</p>
<p>The post <a href="https://fairuse.stanford.edu/2009/01/29/new_tool_for_evaluating_copyri/">New tool for evaluating copyright use by libraries &#8211; a quick interview with Michael Brewer</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<title>Is it still in copyright? Try the Digital Copyright Slider to figure it out.</title>
		<link>https://fairuse.stanford.edu/2008/07/08/is_it_still_in_copyright_try_t/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Tue, 08 Jul 2008 10:38:36 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[online tools]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=38</guid>

					<description><![CDATA[<p>Minow: Tell us about the new Digital Copyright Slider. How does it work and what is its purpose? Brewer: The &#8220;Is it Covered by Copyright?&#8221; Slider was created as the first in a series of simple tools to help librarians, educators and others with their copyright questions.We first created a print version as a slide [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2008/07/08/is_it_still_in_copyright_try_t/">Is it still in copyright? Try the Digital Copyright Slider to figure it out.</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Minow: Tell us about the new <a href="http://intranet.library.arizona.edu/users/brewerm/pd/PDTool.swf">Digital Copyright Slider</a>. How does it work and what is its purpose?</p>
<p>Brewer: The &#8220;Is it Covered by Copyright?&#8221; Slider was created as the first in a series of simple tools to help librarians, educators and others with their copyright questions.We first created a print version as a slide chart, but realized that a digital version could be much more useful, though perhaps not as fun to play with. Thus, the digital version was born.Both versions of the slider help the user to determine whether or not a work is in the public domain in the United States , and, if not, what the period of protection is.</p>
<p>Our next tool, a Section 108 &#8220;spinner&#8221; (library/archival reproductions for preservation, replacement or for users) will be released shortly both in print and online, so stay tuned.</p>
<p>Minow: What is the <a href="http://www.ala.org/ala/washoff/oitp/copycom.cfm">American Library Association Office for Information Technology Policy Copyright Committee</a>?</p>
<p>Brewer: The American Library Association Office for Information Technology Policy Copyright Advisory Subcommittee promotes copyright education programs and initiatives and advises the OITP copyright specialist. We meet twice a year at ALA annual and mid-winter. Our meetings are open to any interested ALA members.Many members are actively involved in the Copyright Advisory Network at <a href="http://www.librarycopyright.net/">http://www.librarycopyright.net/</a></p>
<p><img decoding="async" class="mt-image-left" style="margin: 0px 20px 20px 0px; float: left;" alt="MichaelBrewer.jpg" src="//www.fairlyusedblog.com/MichaelBrewer-thumb-185x241.jpg" width="185" height="241" /> Michael Brewer is Team Leader for Undergraduate Services, University of Arizona Library and a member of the American Library Association Office for Information Technology Policy Copyright Advisory Subcommittee.&nbsp; </p>
<p>The post <a href="https://fairuse.stanford.edu/2008/07/08/is_it_still_in_copyright_try_t/">Is it still in copyright? Try the Digital Copyright Slider to figure it out.</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">38</post-id>	</item>
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		<title>Librarian participant Peter Hirtle&#8217;s view of Section 108 Study Group to change copyright exception for libraries</title>
		<link>https://fairuse.stanford.edu/2008/04/22/librarian_participant_peter_hi/</link>
		
		<dc:creator><![CDATA[Mary Minow]]></dc:creator>
		<pubDate>Tue, 22 Apr 2008 10:34:42 +0000</pubDate>
				<category><![CDATA[Interviews]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[libraries]]></category>
		<category><![CDATA[Section 108]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=28</guid>

					<description><![CDATA[<p>Minow:What recommendations by the Section 108 Study Group would really help libraries, museums and archives if adopted into law? Hirtle: Most of the recommendations from the group could help libraries, archives, and museums, but four stand out to me. First, the report argues that at least some museums should be included in the section.That is [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2008/04/22/librarian_participant_peter_hi/">Librarian participant Peter Hirtle&#8217;s view of Section 108 Study Group to change copyright exception for libraries</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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										<content:encoded><![CDATA[<div style="margin-bottom: 10px;">Minow:What recommendations by the Section 108 Study Group would really help libraries, museums and archives if adopted into law?</div>
<div style="margin-bottom: 10px;">Hirtle: Most of the recommendations from the group could help libraries, archives, and museums, but four stand out to me.</div>
<div style="margin-bottom: 10px;">First, the report argues that at least some museums should be included in the section.That is not currently the case.</div>
<div style="margin-bottom: 10px;">Second, the report proposes that there be a broad preservation exemption for published materials.It is possible that having explicit permission to preserve in Section 108 might reassure some libraries that are reluctant to preserve under the more ambiguous provisions of fair use.</div>
<div style="margin-bottom: 10px;">Third, the provisions that grant libraries, archives, and museums explicit permission to do some of the things that the Internet Archive does under the umbrella of fair use may also be helpful.</div>
<div style="margin-bottom: 10px;">Lastly, the recommendations address many of the absurdities in the current law.Here are two examples:</div>
<div style="margin-bottom: 10px;">*Under current law, if a library made a replacement copy of an audio CD, it would no longer be able to loan that CD to its patrons (because digital replacement copies are restricted to the premises of the library &#8211; and audio CDs are digital).</div>
<div style="margin-bottom: 10px;">*Certain preservation and replacement provisions limit the library to making three copies.This makes sense when you are talking about microfilm, but doesn&#8217;t make much sense when you are dealing with digital copies.</div>
<div style="margin-bottom: 10px;">Minow: Anything that could hurt libraries, museums and archives?</div>
<div style="margin-bottom: 10px;">Hirtle: There is always the danger that providing explicit permission for certain actions could imply that other actions outside the scope allowed in the section are suspect.Section 108 should never be a ceiling on what is acceptable except in those cases where it goes beyond what other sections, such as fair use, would allow.</div>
<div style="margin-bottom: 10px;">The biggest threat will occur when 108 is opened for legislative amendment.The Study Group received proposals from many interest groups that would be very problematic for libraries, archives, and museums.I am thinking in particular of the suggestions that international ILL be banned and that libraries would need to determine if an article was available for sale from the publisher prior to making an ILL request.Most libraries would welcome the opportunity to purchase copies of articles from publishers rather than having to go through the ILL system if the cost was roughly comparable, but few I suspect would like to have it as a legal requirement.While these recommendations were not included in the final report, interest groups that know how to work the system may try to add them to 108 during the legislative process.</div>
<div style="margin-bottom: 10px;">Minow:Tell us about the process the Committee went through. Was there screaming?</div>
<div style="margin-bottom: 10px;">Hirtle: No screaming, though there were often strong differences of opinions.I was particularly impressed by the participation of the rights holders.It would have been very easy for them to have turned their back on the whole process and not consider at all any expansion of actions that could be interpreted as infringing on the exclusive rights of the copyright owner.They, however, recognized that the preservation and the maintenance of the historical record are very important and worked hard to try to identify those areas where libraries, archives, and museums could take action in a manner that would not hurt their interests.The future markets for digital delivery are so uncertain, however, that it was difficult to reach agreement on broad terms &#8211; there was an understandable fear of possible unintended consequences of any change to copyright law.</div>
<div style="margin-bottom: 10px;">In the end, the 108 process for me confirmed Jessica Litman&#8217;s conclusions from her study of previous copyright revisions.Negotiated agreements among current stakeholders, she noted, while producing legislation that can be implemented, are unlikely to produce statutes that are flexible enough that they improve with age.</div>
<p>The post <a href="https://fairuse.stanford.edu/2008/04/22/librarian_participant_peter_hi/">Librarian participant Peter Hirtle&#8217;s view of Section 108 Study Group to change copyright exception for libraries</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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		<title>Oregon Claims Copyright on Oregon Revised Statutes</title>
		<link>https://fairuse.stanford.edu/2008/04/19/hi_friendsthe_state_of_oregon/</link>
		
		<dc:creator><![CDATA[Tim Stanley]]></dc:creator>
		<pubDate>Sat, 19 Apr 2008 18:35:19 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[code]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[oregon]]></category>
		<category><![CDATA[statutes]]></category>
		<guid isPermaLink="false">https://fairuse.stanford.edu/?p=29</guid>

					<description><![CDATA[<p>Hi Friends, The state of Oregon has claimed copyright on the Oregon Revised Statutes and sent a cease and desist letter to Justia, with a threat of litigation if they were not removed or licensed. You can read more about this on the Justia Blog &#8220;Cease, Desist &#38; Resist &#8211; Oregon&#8217;s Copyright Claim on the [&#8230;]</p>
<p>The post <a href="https://fairuse.stanford.edu/2008/04/19/hi_friendsthe_state_of_oregon/">Oregon Claims Copyright on Oregon Revised Statutes</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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										<content:encoded><![CDATA[<p>Hi Friends,</p>
<div></div>
<div>The state of Oregon has claimed copyright on the Oregon Revised Statutes and sent a cease and desist letter to Justia, with a threat of litigation if they were not removed or licensed. You can read more about this on the Justia Blog &#8220;<a href="http://onward.justia.com/useful-tools-web-sites-203-cease-desist-resist-oregons-copyright-claim-on-the-oregon-revised-statutes.html">Cease, Desist &amp; Resist &#8211; Oregon&#8217;s Copyright Claim on the Oregon Revised Statutes</a>&#8221; as well as Tim Armstrong&#8217;s post &#8220;<a href="http://blogs.law.harvard.edu/infolaw/2008/04/16/can-states-copyright-their-statutes/">Can States Copyright Their Statutes?</a>&#8221; on Info/Law and William Patry&#8217;s post &#8220;<a href="http://williampatry.blogspot.com/2008/04/oregon-goes-wacka-wacka-huna-kuna.html">Oregon goes wacka wacka huna kuna</a>&#8221; on the The Patry Copyright Blog and Sam Bayard&#8217;s post &#8220;<a href="http://www.citmedialaw.org/blog/2008/oregon-claims-copyright-its-statutes-well-sort">Oregon Claims Copyright in Its Statutes &#8212; Well, Sort Of</a>&#8221; on the Citizen Media Law Project Blog. And there have been a <a href="http://blogsearch.google.com/blogsearch?q=justia+oregon+copyright">additional posts on other blogs</a>.</div>
<div></div>
<div>Carl Malamud of <a href="http://Public.Resource.org">Public.Resource.org</a> has put the <a href="http://www.scribd.com/groups/view/7303-oregon-legislative-counsel">letter Oregon wrote Justia and some replies online here</a>. </div>
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<div>We are talking with Oregon early next week and will let you know how it goes. </div>
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<div>Onward &amp; Peace,</div>
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<div>Tim</div>
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<p>The post <a href="https://fairuse.stanford.edu/2008/04/19/hi_friendsthe_state_of_oregon/">Oregon Claims Copyright on Oregon Revised Statutes</a> appeared first on <a href="https://fairuse.stanford.edu">Stanford Copyright and Fair Use Center</a>.</p>
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