HomeNews

Fair Use

Library Copyright Alliance Submits Comments on Copyright Reform to Commerce Department

green crop circles including copyright symbolremix of image by Patrick HoeslyOn January 8, the Library Copyright Alliance submitted additional comments (PDF) on the US Department of Commerce “green paper,” Copyright Policy, Creativity, and Innovation in the Digital Economy (PDF), following a public meeting held by the Commerce Department in December. The post-meeting comments focus on four issues: the recent fair use court decision in the case Bouchat v. Baltimore Ravens, digital preservation, remixes, and collective rights organizations.

 
 

Library Copyright Alliance Additional Comments on Commerce Department Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy

On January 8, 2014, the Library Copyright Alliance (LCA), of which ARL is a member, provided these additional comments on a number of issues raised in the recent US Department of Commerce “green paper” on Copyright Policy, Creativity, and Innovation in the Digital Economy. These comments focus on four issues: the recent fair use court decision in the case Bouchat v. Baltimore Ravens, digital preservation, remixes, and collective rights organizations.

pdf lca-commerce-dept-copyright-green-paper-8jan2014.pdf

 
 

Strong Fair Use Decision Issued in Bouchat v. Ravens

baltimore-ravens-playing buffalo-billsimage © Lauren SwiecickiIn a long-running legal dispute between Frederick E. Bouchat and the Baltimore Ravens along with the National Football League (NFL), a federal appeals court has ruled that the use of the former Ravens logo by the Ravens and the NFL was fair use. The case involved the incidental use of copyrighted logos in films about historical events—football games, in this instance.

 
 

Library Copyright Alliance Participates in Public Meeting on USPTO Copyright Green Paper

green crop circles including copyright symbolremix of image by Patrick HoeslyOn Thursday, December 12, the US Department of Commerce hosted a daylong event at the US Patent and Trademark Office (PTO) in Arlington, Virginia, to discuss some of the copyright policy issues raised in the PTO “green paper,” Copyright Policy, Creativity, and Innovation in the Digital Economy (PDF). Each of the following topics was addressed by a panel of speakers representing key stakeholders, moderated by officials from the PTO and the National Telecommunications and Information Administration (NTIA):

 
 

Google Books Case Dismissed—Victory for Fair Use and Libraries

screenshot of Mrs Dalloway in Google BooksGoogle 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.

 
 

Library Copyright Alliance Comments on Commerce Department Green Paper

green crop circles including copyright symbolremix 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.

 
 

GSU Copyright Case: Post-Argument Panel to Be Held, Webcast Nov. 19

Georgia State University LibraryGSU Library
image © Jason Puckett
In 2012, the North Georgia District Court ruled largely in favor of Georgia State University (GSU) in the ongoing copyright lawsuit initiated by Cambridge University Press, Oxford University Press, and SAGE Publishers. The decision was the first US federal court decision specifically addressing fair use and electronic reserves. Plaintiff publishers appealed on many points of the ruling.

 
 

Libraries Applaud Dismissal of Google Book Search Case

screenshot of Mrs Dalloway in Google BooksGoogle 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.

 
 

Library Copyright Alliance Comments on Commerce Department Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy

On November 13, 2013, the Library Copyright Alliance (LCA), of which ARL is a member, provided these comments on a number of issues raised in the recent US Department of Commerce “green paper” on Copyright Policy, Creativity, and Innovation in the Digital Economy. LCA commented on issues relating to statutory damages, online licensing, collective rights organizations, and contractual restrictions on copyright exceptions.

pdf lca-commerce-dept-copyright-green-paper-13nov2013.pdf

 
 

Herbert Mitgang et al. v. Google Inc.

Court transcript from Herbert Mitgang, et al., v. Google, Inc. September 23, 2013, hearing before Judge Denny Chin in the US District Court for the Southern District of New York.

pdf Google-Books-court-transcript-23sep2013.pdf

 
 
Page 2 of 10
 
 

Partners

Coalition for Networked Information Logo
Library Copyright Alliance Logo
The Scholarly Publishing & Academic Resources Coalition (SPARC) Logo