image © ed_needs_a_bicycleARL joined 28 other organizations and 71 individuals in a letter opposing a copyright term of life plus 70 years in the Trans-Pacific Partnership Agreement (TPP). Authors of the letter, sent to TPP negotiators on December 6, noted, “There is no benefit to society of extending copyright beyond the 50 years mandated by the WTO. While some TPP countries, like the United States, Mexico, Peru, Chile, Singapore or Australia, already have life + 70 (or longer) copyright terms, there is growing recognition that such terms were a mistake, and should be shortened, or modified by requiring formalities for the extended periods.”
In this case, we are asked to decide whether ß43(a) of the Lanham Act, 15 U. S. C. ß1125(a), prevents the unaccredited copying of a work, and if so, whether a court may double a profit award under ß1117(a), in order to deterfuture infringing conduct.
remix of image by Patrick HoeslyThe US Department of Commerce is seeking comment on the recently released Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy. In response, the Library Copyright Alliance (LCA), of which ARL is a member, provided comments (PDF) on a number of issues raised in the Green Paper. LCA commented on issues relating to statutory damages, online licensing, collective rights organizations, and contractual restrictions on copyright exceptions.
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.
RLI issue 276 includes:
- Ahead of the Storm: Research Libraries and the Future of the Research University
- Collecting Small Data
- Copyfraud and Classroom Performance Rights: Two Common Bogus Copyright Claims
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.
Google BooksOn November 14, Judge Denny Chin of the Court of Appeals for the Second Circuit ruled that the digitization of millions of books from research library collections was a fair use and dismissed the Authors Guild case against Google and its Library Project, saying that the project “advances the progress of the arts and sciences, while maintaining respectful consideration of the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders.” In his decision, Judge Chin cited a November 2012 amicus brief (PDF) submitted by the Library Copyright Alliance (comprised of the Association of Research Libraries, the American Library Association, and the Association of College and Research Libraries). The Authors Guild has stated that they disagree with the decision and plan to appeal.
Google BooksAfter eight years of litigation, the US District Court for the Southern District of New York today upheld the fair use doctrine when the court dismissed Authors Guild v. Google, a case that questioned the legality of Google’s searchable book database.
RLI issue 279 includes:
- Digitization of Special Collections and Archives: Legal and Contractual Issues
- Model Deed of Gift
- Model Deed of Gift, including Mixed IP Rights
- Model Digitization Agreement
- Copyright Risk Management: Principles and Strategies for Large-Scale Digitization Projects in Special Collections
RLI issue 273 includes:
- Three Key Public Policies for Research Libraries: Net Neutrality, Fair Use, Open and Public Access
- The Importance of Net Neutrality to Research Libraries in the Digital Age
- Challenges in Employing Fair Use in Academic and Research Libraries
- Public Access to Federally Funded Research: Contributions to Economic Development, Competitiveness, and Innovation