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LCA Submits Reply Comments to US Copyright Office Regarding Orphan Works NOI

lca-orphan-works-reply-commentsThe Library Copyright Alliance (LCA) today filed reply comments (PDF) with the US Copyright Office in response to the office’s October 22, 2012, Notice of Inquiry (NOI) about the current state of play with orphan works and mass digitization.

 
 

Letter from US Department of Justice Declining to File Amicus Brief in Cambridge University Press v. Mark Becker (Feb. 22, 2013)

The US Department of Justice (DOJ) decided not to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On February 22, 2013, the DOJ sent this letter to the court stating that the US Attorney General had decided not to file an amicus brief in the case.

pdf ltr-doj-re-gsu-ereserves-22feb13.pdf

 
 

Motion by US Department of Justice to Extend Time in Which to File Amicus Brief in Cambridge University Press v. Mark Becker

The US Department of Justice (DOJ) is evaluating whether to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On January 25, 2013, the DOJ requested an extension of the time they have to file an amicus brief.

pdf gsu-extension-motion-usgov-jan2013.pdf

 
 

First Sale: The Public View & Fast Facts for Libraries

ori-public-view-jan2012-newsTwo organizations in which ARL partners recently released informational resources about the first-sale doctrine and the Supreme Court case Kirtsaeng v. Wiley & Sons:

The Public View: Two-Minute “Person on the Street” Video by Owners’ Rights Initiative

First-Sale Fast Facts for Libraries: One-Page Summary by Library Copyright Alliance (PDF)

 
 

Briefing: Success of Fair Use Codes of Best Practices

Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights?

This topic is discussed at length in Aufderheide and Jaszi, Reclaiming Fair Use (University of Chicago Press, 2011), but some specific examples include:

 
 

Briefing: Copyright Education, Academic Integrity Codes, and Fair Use

Does your university offer intellectual property education to incoming students, or have an academic integrity policy that addresses copyright issues? These are important areas where librarians can be of service in offering balanced information about copyright and fair use.

 
 

Briefing: Demystifying Technical Protection Measures (TPMs) in the Library

The Code of Best Practices in Fair Use for Academic and Research Libraries suggests at various points that librarians consider the use of appropriate “technical protection measures” when making digitized materials available on-line, as a way of bolstering their fair use claims. Many libraries already employ such measures as a risk-management strategy.

 
 

Briefing: The Cost of Conservatism to Academic and Research Librarians’ Mission

When teachers bring Stacey, a librarian at a Midwestern private university, their course materials to upload on the university’s e-reserves system, she always checks to make sure that the course material has not been uploaded before—or at least, not in the last three years. If it’s fresh material, and it’s only a small fraction of the original work, she’s pretty sure that uploading it for the students to study could be considered a “fair use.” If it has been uploaded before, she tries to license the material, or have the professor find a substitute that the professor hasn’t used before. She knows that at some universities, e-reserves policies are more liberal, but her institution can’t afford a legal challenge, so she likes to err on the conservative side. After all, you can’t be too careful.

 
 
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