Google Books Litigation Family Tree
A New Day for Website Archiving 2.0
Memorandum discussing legal issues in website archiving.
band-new-day-for-archiving-2.0-23feb12.pdf
Issue Brief: Streaming of Films for Educational Purposes
The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries
On December 13, 2010, the U.S. Supreme Court decided Costco v. Omega in a manner that eliminated none of the uncertainty caused by the lower court's ruling in that case. The U.S. Court of Appeals for the Ninth Circuit had ruled that the copyright law's "first sale doctrine" did not apply to copies manufactured abroad. This ruling cast doubt on a library's ability to circulate books and other materials manufactured outside of the United States.
lca-costco-31jan11.pdf
A Guide for the Perplexed: Libraries and the Google Library Project Settlement
Membership Meeting 2011 (Spring): WIPO AND LIBRARIES
Presented at the 158th ARL Membership Meeting, May 2011.
mm11sp-band.pdf
The Digital Millenium Copyright Act
On October 12, 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a complex piece of legislation which makes major changes in U.S. copyright law to address the digitally networked environment. This memorandum discusses the law's five titles. band-dmca-memo-16aug01.pdf
Educational Fair Use Today
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. band-edu-fair-use-today-dec07.pdf
GBS March Madness: Paths Forward for the Google Books Settlement
This chart attempts to diagram some of the possible paths forward following the fairness hearing on the Google Books Settlement. gbs-march-madness-diagram-final.pdf
Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws
On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union) golan_summary_06feb12.pdf
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