Publications, Videos, Web Tutorials
Copyright and Cultural Institutions: Guidelines for Digitization for US Libraries, Archives and Museums
by Peter Hirtle, Emily Hudson, and Andrew T. Kenyon publishsed by Cornell University Library October 2009. Click here for details on how to purchase print copies. This document can also be downloaded by clicking the hyperlink above.
The Google Library Project: Is Digitization For Purposes of Online Indexing Fair Use Under Copyright Law? By Kate Manuel, Legislative Attorney, Congressional Research Service, Dated May 14, 2009
NACUANOTES: April 17, 2009 The Google Settlement and Higher Education: Imminent Deadlines
Excellent Memo by Jonathan Band on the implications for Higher Education Institutions.
The Code of Best Practices in Fair Use for Media Literacy Education: Published by American University's Center for Social Media: A new guide to fair use, issued in November 2008. The guide offers free advice to professors who wish to incorporate moving image media; sound media, images, web sites and all other types of media into their lecutures. This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials. The guide was created with the assistance of more than 150 educators, and reviewed by a panel of lawyers who are experts in fair use.
BAYU: Be Aware You're Uploading: Using Peer to Peer File Sharing Safely and Appropriately: Designed by the University of Michigan with Jack Bernard of the UM OGC. This program is available to other schools as open source software. BAYU (Be Aware You're Uploading) is a service designed by the University of Michigan to notify users of University networks that they might be uploading. BAYU is an automated system that notices when computers on selected University networks appear to be uploading files using peer-to-peer (P2P) file sharing technology. BAYU then notifies the person whose computer was used to upload.
March 2008 Section 108 Study Group Report: An Independent Report sponsored by the United States Copyright Office and the National Digital Information Infrastructure and Preservation Program of the Library of Congress. Findings include suggestion that Section 108 of copyright law be revised to allow libraries and archives to capture and duplicate online material (if not password protected) for scholars and researchers, and extending the 108 exceptions to museums.
Recut, Reframe, Recycle: by the Center for Social Media at American University
A study by Center director Pat Aufderheide and Peter Jaszi, co-director of the law school’s Program on Information Justice and Intellectual Property, shows that many uses of copyrighted material in today’s online videos are eligible for fair use consideration. The study points to a wide variety of practices—satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and of course, pastiche or collage (remixes and mashups)—all of which could be legal in some circumstances.
Registration of Claims to Copyright-Renewals, Final Rule, 72 Fed. Reg. 61801, Nov. 1, 2007
Cory Doctorow on the Creative Commons: A November 2007 article from Locus Magazine that summarizes why and how to use the Creative Commons.
"Copyright Term and the Public Domain in the United States," a new version of the copyright duration chart is now available at http://www.copyright.cornell.edu/public_domain/.
The Cost of Copyright Confusion for Media Literacy: A September 2007 report by the American University Center for Social Media. Based upon interviews with 60 media literacy educators, the report shows that lack of knowledge by educators about copyright law and fair use translates to less effective teaching techniques and failure to take advantage of new digital platforms.
Keep Your Copyrights: A Resource for Creators
KeepYourCopyrights.org was developed by the Kernochan Center for Law, Media, and the Arts and the Program on Law & Technology at Columbia Law School.
Documentary Film Makers Statement of Best Practices in Fair Use: Includes general principles to guide film makers as they assess risk and decide what uses might qualify as a fair use.
Written Comments Received by Section 108 Study Group: Comments were received in response to the posting at 71 Fed. Reg. 70434, Dec. 4, 2006. The Study Group is reviewing the exceptions and limitations applicable to libraries and archives under the Copyright Act.
Know your Copyrights: Association of Research Libraries (ARL) Web Page on using copyrighted works in the academic setting. This is a great new resource that features questions and answers, a brochure for faculty and teaching assistants, and a section on planning campus outreach. The brochure can be purchased in print form from the ARL, but can also be accessed on the web site, and may be customized for use on your own campus pursuant to a Creative Commons license. See especially the What you Can Do Chart.
Google's Moon Shot: The Quest for the Universal Library: by Jeffrey Toobin, Posted 2007-01-29 in the New Yorker
ACE White Paper entitled Background Discussion of Copyright Law and Potential Liability for Students Enganged in P2P File Sharing on University Networks, dated Nov. 8, 2006. The paper was written by Michael J. Remington, Esq., Drinker, Biddle and Reath LLP, for the Education Task Force of the Joint Committee of the Higher Education and Entertainment Communities. The paper discusses direct infringement, contributory infringement, and vicarious infringement.
The Digital Learning Challenge: Obstacles to Educational uses of Copyrighted Material in the Digital Age
By William W. Fisher and William McGeveran, of the Berkman Center for Internet and Society at Harvard Law School. This paper looks at the ways in which innovative use of technology is hampered by copyright restrictions and digital rights management technology.
Copyright 101 Tutorial Brigham Young University
This comprehensive web page includes movies, modules, case studies and more. The topics are basic copyright, fair use, and scenarios that arise on campus.
RIAA Campus Downloading:
August 2006:A video created by RIAA to educate students on the consequences of illegal downloading of music.
Campus Copyright Rights and Responsibilities: A Basic Guide to Policy Considerations
This booklet was produced by a joint task force of the America Association of University Presses, The Association of America Publishers, the Association of American Universities, and the Association of Research Libraries. The booklet is intended to provide guidelines to colleges and universities who wish to create (or supplement an existing) policy for the creation, distribution, use and management of copyrighted works on campus.
Statement on Use of Digital Archives by University of Michigan as it relates to the Google Library Project. Posted November 14, 2005
Dark Archives and Celestial Card Catalogues: Google Print and the Future of Fair Use
Paper by Peg O'Donnell, Office of General Counsel, The Catholic University of America, prepared for the NACUA Fall 2005 Conference
Fair Use in Theory and In Practice: Reflections on its History and the Google Case
Paper by Sanford G. Thatcher, Director Penn State University Press, prepared for the NACUA Fall 2005 Conference. See also the Penn State Press web page on Google.
Google Print: A Library Perspective
Power point presentation by Jack Bernard, Assistant General Counsel, University of Michigan, prepared for the NACUA CLE Workshop, November 10, 2005.
Google This (posted October 5, 2005)
A legal analysis of the Google Print Library Project by Georgia Harper of the U.Texas System in which she discusses the state of the fair use doctrine.
What is Wrong with Ripping?
A short video to be used for educating students about copyright law and downloading music off the Internet.
The video was produced for CUA by Whatbox Productions. Copyright permission to use the song What Happened by Sublime was received for use in this context.
Copyright Issues in Digital Media
This Congressional Budget Office (CBO) paper reviews current copyright law in the United States and considers the unique aspects of digital technology's challenge to that law. It also examines the prospects for a market-based resolution to copyright disputes over digital content and explores the effect of potential revisions to copyright law on economic efficiency and equity. While this analysis suggests some issues and concerns that the Congress may wish to consider during its deliberations about any changes in copyright law, in keeping with CBO's mandate to provide objective, impartial analysis, the paper makes no policy recommendations.
U.S. GAO Report to Congress on File Sharing: This May 2004 report includes a summary of what universities have done to address the issue of illegal file sharing on campus. Almost all of the institutions interviewed reported spending extra money to combat file sharing, with the median amount spent being in the range of $50,000 to $100,000.
Q and A on Publishing Works of Art
Copyrights and other Rights in Photographic Images by Jeremy Rowe, 2002, Arizona State University
American Library Association Statement on Fair Use and Electronic Reserves
March 2004 statement on how IHEs are applying fair use with respect to electronic reserves, drafted with the assistance of Georgia Harper and Peggy Hoon. This statement was endorsed by the Association of College and Research Libraries (ACRL) and the Office for Information Technology Policy (OITP) of ALA, the Association of Research Libraries (ARL), the Association of American Law Libraries (AALL), the Medical Library Association (MLA), and the Special Libraries Association (SLA).
Free Culture by Professor Lawrence Lessig. How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity. Those readers who enjoyed Professor Lessig's previous books about copyright, control, and creativity in the online world will want to read this book. Lessig is the author of Code and Other Laws of Cyberspace, and the Future of Ideas. Free Culture can be downloaded for free pursuant to a Creative Commons License. The Creative Commons is a public domain space for intellectual property.
A Better Way Forward: Voluntary Collective Licensing Of Music File Sharing: "Let the Music Play" White Paper produced by the Electronic Frontier Foundation
THE STATE OF FAIR USE IN ACADEMIA TODAY, presented at the NACUA Conference, November 12 - 14, 2003, by Wesley D. Blakeslee, Associate General Counsel, The Johns Hopkins University. An excellent overview of copyright law, which questions the "spontaneity test" and highlights the danger to academia when the Classroom Guidelines are substituted for a good understanding of copyright law. An advocacy call to academia to reclaim fair use to its fullest. (Also available in printer friendly Rich Text Format).
***Peer-to-Peer file sharing, MP3's and DVD's***
University Policies and Practices Addressing Improper Peer-to-Peer File Sharing, the April 2004 report of the Joint Committee of the Higher Education and Entertainment Communities about what colleges and universities are doing to prevent illegal file sharing by students using the institutions' campus computer networks.
COPYRIGHT, PEER-TO-PEER FILE SHARING AND DMCA SUBPOENAS , NACUA NOTES, November 6, 2003. This Note will describe P2P file sharing, identify some campus policies to respond to or prevent inappropriate activity, and suggest possible responses by institutions in receipt of a DMCA subpoena seeking the identity of alleged copyright infringers using the institution's computer network.
Library Digitization Projects and Copyright, by Mary Minow, J.D., A.M.L.S.
A six part article covering expiration of works into the public domain, section 108 library exception, fair use, permissions, good faith efforts and disclaimers, and other restrictions.
Copyright Issues Relevant to the Creation of a Digital Archive: A Preliminary Assessment
This paper describes copyright rights and exceptions and highlights issues potentially involved in the creation of a nonprofit digital archive. Commissioned for and sponsored by the National Digital Information Infrastructure and Preservation Program, Library of Congress and written by June M. Besek, Executive Director of the Kernochan Center for Law, Media and the Arts, Columbia Law School.
Combating Plagiarism: A Congressional Quarterly Report (Sept. 19, 2003)
August 7, 2006 Report - Joint Committee of the Higher Education and Entertainment Communities This 13-page paper summarizes the work of the Joint Committee of the Higher Education and Entertainment Communities' Education Task Force on peer-to-peer file sharing. The paper is self-described as a background discussion of copyright law and potential liability for students engaged in P2P file sharing on university networks. The paper was prepared by Michael J. Remington, Esq., Drinker, Biddle & Reath LLP, Washington, D.C. It may be reproduced, distributed and shared without permission for personal and noncommercial use.
IT Security For Higher Education: A Legal Perspective: Prepared for the EDUCAUSE/Internet 2 Computer and Network Security Task Force by Dow, Lohnes and Albertson, PLLC, March 20, 2003.
Addresses Computer and Network Security in the context of FERPA, HIPAA, ECPA, The USA Patriot Act, SEVIS, the Teach Act, and the Gramm Leach Bliley Act.
Legal Protection of Digital Information by Professor Lee A. Hollaar, University of Utah
Access Denied: The Limits of Fair Use by Elliot Zaret, Washington Lawyer Feb. 2003
Copyright Considerations for Electronic Reserves Chapter 7 from Managing Electronic Reserves ( American Library Association 2002) The book is edited by Jeff Rosedale. Chapter 7 is authored by Laura Gasaway of UNC-Chapel Hill.
Of Counsel: Cyberspace is a 1998 newsletter, updated in 2002, aimed at students and faculty that provides an overview of legal issues in the digital and Internet environment, including copyright, privacy, obscenity, defamation harassment and hacking. Ours is a slightly modified version of the newsletter, "Virtual Legality: An Overview of Your Rights and Responsibilities in Cyberspace" created and copyrighted by Steven J. McDonald, General Counsel at the Rhode Island School of Design, when he was Associate Legal Counsel at Ohio State University. Thanks to Steve and Ohio State for their permission to use this material.
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NC State TEACH Toolkit This site is intended to assist in implementation of the many aspects and requirements of the Technology, Education, and Copyright Harmonization Act (TEACH) Act of 2002. This online resource for understanding Copyright Law & Distance Education is a joint project of North Carolina State University Libraries, Office of Legal Affairs, DELTA, and ITD. |
Videos
Last Revised 02-Nov-09 02:37 PM.
