Members of library community discussed the implications of the Google Book Search settlement in a meeting hosted on February 9, 2009, in Washington, DC, by the American Library Association Washington Office, the Association of Research Libraries, and the Association of College & Research Libraries.
Statement from the The Library Copyright Alliance (LCA) regarding U.S. copyright policy.
In a highly publicized decision issued on September 8, 2008, US District Court Judge Robert Patterson ruled that Steven Vander Ark's Harry Potter Lexicon infringed J.K. Rowling's copyright. Although J. K. Rowling prevailed in the litigation, the big winner actually was fair use.
This paper, in an effort to help authors make informed choices about their rights, compares and contrasts how the agreements of 12 publishers permit authors to meet the requirements of the NIH Public Access Policy and share their works while they are under embargo.
Sitting en banc, the U.S. Court of Appeals for the Eleventh Circuit on June 30, 2008, decided Greenberg v. National Geographic Society, finding that the CD-ROM set, "The Complete National Geographic" (CNG), was a privileged revision of a collective work under 17 U.S.C. § 201(c) and not a "new collective work" in violation of Mr. Greenberg's copyrights. This case is in line with the Second Circuit's decision in Faulkner v. National Geographic Enters., further clarified the U.S. Supreme Court's ruling in New York Times Co. v. Tasini, and importantly, upheld the "long embraced doctrine of media neutrality" that the "transfer of a work between media does not alter the character of that work for copyright purposes."
Letter from the Library Copyright Alliance regarding S. 2913, which limits remedies in copyright infringement cases involving orphan works.
Library Copyright Alliance letter to Patrick Leahy and Orrin Hatch expressing appreciation for continued leadership on S. 2913, which limits remedies in copyright infringement cases involving orphan works.
The orphan works legislation is intended to enable someone, after conducting a "qualifying search" for the owner, to use an orphan work--a copyrighted work whose owner cannot be located.
Proceedings of the 152nd ARL Membership Meeting, May 2008.
Proceedings of the 152nd ARL Membership Meeting, May 2008.
Letter from the Library Copyright Alliance expressing appreciation for the introduction of H.R. 5889, which limits remedies in copyright infringement cases involving orphan works.
Letter from Library Copyright Alliance and others supporting the Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP Act) of 2007, H.R. 4279 with some changes.
Comments from ALA and ARL on the Section 108 Study Group efforts.
Transcript of the "Introducing Author Rights" video.
Library Copyright Alliance letter expressing gratitude to the Subcommittee for holding a hearing on orphan works—the LCA's top legislative priority.
The PRO IP Act (H.R. 4279) proposes to weaken the long established "one work" rule, which today imposes a measure of certainty on how copyright statutory damages are calculated. Under currentlaw, a copyright plaintiff may seek up to $150,000 per work infringed. In the case of compilations, the one work rule recognizes that the compilation is being marketed as one work, although it may in fact consist of multiple components. Section 104 of the PRO IP Act seeks to undo a central underpinning of statutory damages: ensuring that the damages award for infringement of a compilation does not result in catastrophic multiple awards through a separate award for each component of that compilation.
Letter from the Library Copyright Alliance expressing concerns with Section 104 of HR 4279 and its impact on orphan works.
Three recent appellate decisions concerning fair use should give educators and librarians greater confidence and guidance for asserting this important privilege. In all three decisions, the courts permitted extensive copying and display in the commercial context because the uses involved repurposing and recontextualization. The reasoning of these opinions could have far-reaching implications in the educational environment.
Two photographers claimed that the inclusion of their photographs in the National Geographic Society's (NGS) CD-ROM version of the NGS magazine violated their copyrights and that the NGS was not exempt under Section 201(c) of the Copyright Act.
This case presents the question of whether Section 201(c) of the Copyright Act accords a magazine publisher a privilege to produce a digital compilation that contains exact images of its past magazine issues.
While policymakers pay much attention to copyrights, exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of Fair Use, are vital to many industries and stimulate growth across the economy.
Summary findings of a study conducted to quantify the economic contribution of fair use to the US economy.
Text of the proposed legislation.
Letter from library associations in support of the the request for investigation and complaint for injunctive relief filed by the Computer & Communications Industry Association (CCIA) in the matter of Consumer Fair Use and Related Rights.
Statement from ARL, SPARC, and ALA refuting the argument of several publishers of scientific, technical, and medical (STM) journals who argued that proposed legislative changes to the NIH Public Access Policy would violate U.S. treaty obligations under Article 13 of TRIPS and Article 9 of the Berne Convention, and potentially constitute a "compulsory license."
Addresses changes to Section 108 of the Copyright Act due to passage of the Digital Millenium Copyright Act.
Bibliography of author rights resources compiled by ARL and SPARC.
Supplemental comments in response to the notice and request for public comments on the Second Draft Consolidated Texts of the Free Trade Area of the Americas Agreement (FTAA), December 27, 2002. These comments supplement those previously submitted by AALL, ALA and other organizations, and address, in particular, the FTAA provisions on copyright within the section on intellectual property rights
These guides are tools designed for library leaders to use for organizing a summer- or semester-long discussion series. Each guide offers a brief scoping statement, a suggested reading or resource to review, and a set of discussion questions to launch an hour-long informal conversation among library staff.