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Working glossary and list of resources for Copyright for Librarians project
==Academic Exception==


==Academic exception==
'''Academic exception is the exception for teachers and academics to the general rule that employers hold copyright in the creative works produced by their employees in the course of their employment.'''


'''Academic exception is the exception for teachers and academics to the general rule that employers hold copyright in the creative works produced by their employees in the course of their employment.'''
Unlike the a work-for-hire situtation, academics typically retain the copyrights in the scholarly work they produce and may retain, sell or assign those copyrights, or dedicate them to the public domain, at their discretion.  


''In contrast to this, professional academics typically retain the copyrights in the scholarly work they produce, and may retain, sell or assign those copyrights, or dedicate them to the public domain, at their discretion.  Harvard University has recently expanded on this rule to permit all of its scholarly employees to make their work available in open access formats and publications.''
''See also:''


See also “work-for-hire”, “open access”
* [[Glossary#Work_For_Hire|Work-For-Hire]]
* [[Glossary#Open_Access|Open Access]]


'''Other Resources''':
''Other resources:''


* [http://www.editlib.org/p/29269 A scholarly paper on the academic exception]  [Canadian, access required]
* [http://www.editlib.org/p/29269 A scholarly paper on the academic exception]  [Canadian, access required]
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* [http://chronicle.com/article/Harvard-Faculty-Adopts/40447 An article on Harvard’s open access policy]
* [http://chronicle.com/article/Harvard-Faculty-Adopts/40447 An article on Harvard’s open access policy]


==“Actual Knowledge”==


==“actual knowledge”==
'''Having direct knowledge (as opposed to merely having reason to believe) that copyright infringement is occurring.'''
 
'''Knowing for sure that copyright infringement is taking place.'''


''In some legal regimes, including the US, if an Internet site has “actual knowledge” that some of the content it is hosting is infringing, it has a legal obligation to remove that content or face liability.''
Some copyright laws require web hosts to remove content from their servers if they posses "actual knowledge" that the content infringes copyright. Under such laws the hosts may become liable if they do not remove the content.


''Section 512(c) of the DMCA reads:''
For example, Section 512(c) of the U.S. Digital Millenium Copyright Act reads:


“(c) Information Residing on Systems or Networks At Direction of Users.  
“(c) Information Residing on Systems or Networks At Direction of Users.  
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(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;  
(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;  


''See also:''


See also “DMCA”, “safe harbor”
* [[Glossary#DMCA|DMCA]]
 
* [[Glossary#.E2.80.9CSafe_Harbors.E2.80.9D|Safe Harbors]]
'''Other Resources'''


* [http://www.keytlaw.com/Copyrights/dmca.htm  Legal information website's page "You are here: Home  Copyright Law Claims of Copyright Infringement under the DMCA Web Site Owners: How to Protect Yourself from Claims of Copyright Infringement for Users' Conduct"]
''Other resources:''
* [http://www.ipinfoblog.com/archives/intellectual-property-good-faith-in-dmca-takedown-notice-should-mean-simple-honesty.html LAw professor David Nimmer's article "'Good faith' in DMCA take-down notice should mean simple honesty."]
* [http://www.wipo.int/edocs/mdocs/mdocs/en/osp_lia/osp_lia_2.doc WIPO document "A LOOK BACK AT THE NOTICE-TAKEDOWN PROVISIONS OF THE U.S. DIGITAL MILLENNIUM COPYRIGHT ACT ONE YEAR AFTER ENACTMENT"]
* [http://jiplp.oxfordjournals.org/cgi/content/full/4/4/243 Law review article "Fair use and a takedown notice under the Digital Millennium Copyright Act" ( requires subscription)]
* [http://www.benedict.com/digital/Internet/DMCA/DMCA-SafeHarbor.aspx copyright website's article "Digital Millennium Copyright Act - Safe Harbor Provisions"]


* [http://www.keytlaw.com/Copyrights/dmca.htm  Legal information website's page "You are here: Home Copyright Law Claims of Copyright Infringement under the DMCA Web Site Owners: How to Protect Yourself from Claims of Copyright Infringement for Users' Conduct"]
* [http://www.ipinfoblog.com/archives/intellectual-property-good-faith-in-dmca-takedown-notice-should-mean-simple-honesty.html Law professor David Nimmer's article "'Good faith' in DMCA take-down notice should mean simple honesty"]
* [http://www.wipo.int/edocs/mdocs/mdocs/en/osp_lia/osp_lia_2.doc WIPO Document" "A look back at the notice-takedown provisions of the U.S. Digital Millenium Copyright Act one year after enactment"]
* [http://jiplp.oxfordjournals.org/cgi/content/full/4/4/243 Law review article "Fair use and a takedown notice under the Digital Millennium Copyright Act" (requires subscription)].
* [http://www.benedict.com/digital/Internet/DMCA/DMCA-SafeHarbor.aspx Copyright website's article "Digital Millennium Copyright Act -- Safe Harbor Provisions"]


==American Library Association  (“ALA”) Code of Ethics==
==American Library Association  (“ALA”) Code of Ethics==


'''The American Library Association’s ethics code.'''
'''The voluntary code of ethics adopted by the American Library Association to govern the work of librarians.'''
   
   
''The code makes “known to the profession and to the general public the ethical principles that guide the work of librarians, other professionals providing information services, library trustees and library staffs.”  Its tenets “provide a framework; they cannot and do not dictate conduct to cover particular situations.”''
The code makes “known to the profession and to the general public the ethical principles that guide the work of librarians, other professionals providing information services, library trustees and library staffs.”  Its tenets “provide a framework; they cannot and do not dictate conduct to cover particular situations.”


'''Other Resources''':
''Other resources:''


* [http://www.ala.org/ala/aboutala/offices/oif/statementspols/codeofethics/codeethics.cfm Text of the code]
* [http://www.ala.org/ala/aboutala/offices/oif/statementspols/codeofethics/codeethics.cfm Text of the code]


==Anti-Counterfeiting Trade Agreement (“ACTA”) Proposal (2007)==
==Anti-Counterfeiting Trade Agreement (“ACTA”) Proposal (2007)==
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'''A proposed multi-lateral trade agreement that is designed to better enforce intellectual property rights by combating the perceived increasing threat of counterfeiting.'''  
'''A proposed multi-lateral trade agreement that is designed to better enforce intellectual property rights by combating the perceived increasing threat of counterfeiting.'''  


''This counterfeiting in question can be of physical goods and copyrighted works, as well as digital and Internet-based materials and technologies.  Specific details of the agreement’s content are still mostly a secret, and some countries, including the U.S.  are restricting access to it on the basis of national security.  The Agreement is generally understood by those who have studied it to supersede or bypass UN, WIPO and TRIPS guidelines, and would, among other things, make all peer-to-peer filesharing illegal, regardless of content.''
This counterfeiting in question can be of physical goods and copyrighted works, as well as digital and Internet-based materials and technologies.  Specific details of the Agreement’s content are still mostly a secret, and some countries, including the United States, restrict access to it on the basis of national security.  The Agreement is generally understood to supersede or bypass UN, WIPO and TRIPS guidelines, and would, among other things, make all peer-to-peer filesharing illegal, regardless of content.


'''Other Resources''':
''Other resources:''


*[http://wikileaks.org/wiki/Proposed_US_ACTA_multi-lateral_intellectual_property_trade_agreement_%282007%29 Wikileaks page on ACTA]
*[http://cryptome.org/acta/acta-proposal-2007.pdf Text of ACTA discussion paper]
*[http://wikileaks.org/leak/acta-proposal-2007.pdf Text of ACTA discussion paper]
*[http://arstechnica.com/tech-policy/news/2010/02/world-get-ready-for-the-dmca-actas-internet-chapter-leaks.ars ARSTechnica page on ACTA]
*[http://sites.google.com/site/actadigitalchapter/acta_digital_chapter.pdf?attredirects=1 Google download of treaty text]
*[http://en.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement Wikipedia article on ACTA]
*[http://en.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement Wikipedia article on ACTA]
*[http://www.eff.org/issues/acta Electronic Frontier Foundation page on ACTA]
*[http://www.eff.org/issues/acta Electronic Frontier Foundation page on ACTA]
*[http://www.publicknowledge.org/issues/acta Public Knowledge page on ACTA]  
*[http://www.publicknowledge.org/issues/acta Public Knowledge page on ACTA]
*[http://www.ip-watch.org/weblog/2009/04/14/the-acta-threat-to-the-future-of-wipo/ Intellectual Property watch article on ACTA by Canadian law professor]
*[http://www.ip-watch.org/weblog/2009/04/14/the-acta-threat-to-the-future-of-wipo/ Intellectual Property watch article on ACTA by Canadian law professor]


==Assignment==
==Assignment==


'''To assign copyright is to transfer ownership of it to another person or entity.'''  
'''The means by which ownership of a copyright is transferred to another person or entity.'''  


''For example, musicians typically assign the copyright to their music to their publisher or record company as part of their contract, although this is not a requirement.''
For example, musicians often assign the copyright to their music to their publisher or record company as part of their contract, although this is not a requirement.


'''Other Resources'''  
''Other resources:''


* [http://www.copyright.gov/help/faq/faq-assignment.html U.S. copyright office FAQ’s on “assignment”]
* [http://www.copyright.gov/help/faq/faq-assignment.html U.S. copyright office FAQ’s on “assignment”]
* [http://www.proz.com/kudoz/german_to_english/law:_contracts/1104341-wahrnehmungsvertrag.html German word for “Assignment” and explanation of same]
* [http://www.proz.com/kudoz/german_to_english/law:_contracts/1104341-wahrnehmungsvertrag.html German word for “Assignment” and explanation of same]
* [http://wiki.answers.com/Q/What_is_an_assignment_of_intellectual_property  Wikianswers page on “assignment”]
* [http://wiki.answers.com/Q/What_is_an_assignment_of_intellectual_property  Wikianswers page on “assignment”]
* [http://agreements.realdealdocs.com/IP-Intellectual-Property-License-Assignment-Agreement/ Sample IP license agreements] ( technical, legal)
* [http://agreements.realdealdocs.com/IP-Intellectual-Property-License-Assignment-Agreement/ Sample IP license agreements]
* [http://www.articlesbase.com/law-articles/what-are-intellectual-property-assignment-and-license-agreements-586467.html Short article on assignment and licensing]
* [http://www.articlesbase.com/law-articles/what-are-intellectual-property-assignment-and-license-agreements-586467.html Short article on assignment and licensing]


==Author==
==Author==


'''The original creator of any sort of work, regardless of what kind of work it is.'''   
'''The original creator of a work.'''   
''While the word “author” is normally associated with the person who wrote something, whether a book, paper, article or something else, it is often used generically when discussing copyright law to mean creators of all kinds. The U.S. copyright office uses the term like this:''
While the word “author” is used in common vernacular to identify the person who wrote something, such as a book, paper, or article, the term "author" is used in copyright law to identify the creator of any work. Thus, a sculptor, artist or photographer would be considered the "author" of his or her work.
''“[T]he authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.”''
 
If a copyright is assigned or transferred to a second person or entity, that person does not become the author, merely the new rights-holder. The original author always retains that status or description, and in some legal regimes, has certain rights that cannot be assigned, altered, or renounced.
 
In countries that recognize the [[Glossary#Work_For_Hire|work-for-hire]] doctrine, the employer can be considered the "author" of the work.


''If a copyright is assigned or transferred to a second person or entity, that person does not become the author, merely the new rights-holder.  The original author always retains that status or description, and in some legal regimes, has certain rights that cannot be assigned, altered,  or renounced.''  
''See also:''


See also “Moral Rights”; “Right of Integrity”, “Right of Withdrawal”, “Right of Attribution”.
* [[Glossary#Moral_Rights|Moral Rights]]
* [[Glossary#Right_of_Integrity|Right of Integrity]]
* [[Glossary#Right_of_Withdrawal|Right of Withdrawal]]
* [[Glossary#Right_of_Attribution|Right of Attribution]]


==Berne Convention for the Protection of Literary and Artistic Works==
==Berne Convention for the Protection of Literary and Artistic Works==


'''The Berne Convention is an international copyright agreement that was first accepted and implemented in 1886.  Its intent was to harmonize copyright law across national borders.'''  
'''The Berne Convention is an international copyright agreement that was first adopted and implemented in 1886.  Its intent was to harmonize copyright law across national borders.  There are currently 164 member countries.'''


''“The Berne Convention was revised in Paris in 1896 and in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971, and was amended in 1979. The UK signed in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act of 1988.”'' -- From the Wikipedia entry on the Berne Convention
[http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works According to Wikipedia], “The Berne Convention was revised in Paris in 1896 and in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971, and was amended in 1979. The UK signed in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act of 1988.”''  


''The Berne Convention is currently active, and is administered by the World Intellectual Property Organization (“WIPO”).''  
The Berne Convention is currently active and is administered by the [[Glossary#WIPO|World Intellectual Property Organization (“WIPO”)]].   


''While the convention grants authors an array of rights, the most important aspect of the Berne Convention is that an author or creator of any member country enjoys the same protections in any  member country as a citizen of that country would, in addition to any rights that the convention itself grants. That is to say, a French citizen’s work in Poland or Morocco automatically enjoys the same protections that the work of a Polish or Moroccan citizen would.''
While the convention grants authors an array of rights, the most important aspect of the Berne Convention is that countries must grant an author that is a citizen of another member country the same protections it offers its own citizens, in addition to any rights that the convention itself grants. That is to say, a French citizen’s work in Poland or Morocco automatically enjoys the same protections that the work of a Polish or Moroccan citizen would.


'''Other Resources'''
''Other resources:''


Wikipedia article on the Berne convention -http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works  
* [http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works Wikipedia article on the Berne convention]
Wikipedia article on the Berne convention Implementation Act of  1988 -http://en.wikipedia.org/wiki/Berne_Convention_Implementation_Act_of_1988
* [http://en.wikipedia.org/wiki/Berne_Convention_Implementation_Act_of_1988 Wikipedia article on the Berne convention Implementation Act of 1988]
Text of the Berne Convention http://www.law.cornell.edu/treaties/berne/overview.html [U.S. website of legal resources]
* [http://www.law.cornell.edu/treaties/berne/overview.html Text of the Berne Convention]
UK resource on Berne Convention: http://www.copyrightservice.co.uk/copyright/p08_berne_convention  
* [http://www.copyrightservice.co.uk/copyright/p08_berne_convention UK resource on Berne Convention]
Encyclopedia Britannica article on the Convention- http://www.britannica.com/EBchecked/topic/62482/Berne-Convention
* [http://www.britannica.com/EBchecked/topic/62482/Berne-Convention Britannica article on the Convention]


==Bilateral Agreements==
==Bilateral Agreements==


'''A bilateral agreement is an agreement or treaty made directly between only two countries.'''
'''A bilateral agreement is an agreement or treaty made directly between two countries.'''
 
This is in contrast to a “multilateral” agreement or international agreement such as the [[Glossary#Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works|Berne Convention]] or [[Glossary#TRIPS|TRIPS]]. While some bilateral agreements deal exclusively with copyright, copyright provisions may be inserted in to other, larger treaties, such as peace treaties or economic treaties.


''This is in contrast to a “multilateral” agreement or international agreement such as the Berne Convention or TRIPS. While some bilateral agreements deal exclusively with copyright, copyright provisions may be inserted in to other, larger treaties, such as peace treaties or economic treaties.''
In a bilateral agreement, an author from one country can claim copyright protections in the other country.  Such agreements are often used to create copyright protections or provisions that are more stringent, or more generous, than would be possible in a broadly multinational agreement.
''In a bilateral agreement, an author from one country can claim copyright protections in the other country.  Such agreements are often used to create copyright protections or provisions that are more stringent, or more generous, than would be possible in a broadly multinational agreement.''
   
   
''A Berne Convention member country may enter into bilateral agreements as long as the provisions of those agreements meet the minimum standards of the Berne Convention.  For instance, although it is a member of the Berne Convention, the TRIPS agreement, and other multilateral agreements, the United States has bilateral agreements with many different countries.''
A Berne Convention member country may enter into bilateral agreements as long as the provisions of those agreements meet the minimum standards of the Berne Convention.  For instance, although it is a member of the Berne Convention, the TRIPS Agreement, and other multilateral agreements, the United States has bilateral agreements with many different countries.


'''Other Resources'''
''Other resources''


* [http://www.bilaterals.org/rubrique.php3?id_rubrique=60 A website devoted to international bilateral intellectual property agreements.]
* [http://www.bilaterals.org/rubrique.php3?id_rubrique=60 A website devoted to international bilateral intellectual property agreements]
* [http://www.eff.org/issues/ftaa EFF article on Free Trade Agreement of the Americas]
* [http://www.eff.org/issues/ftaa EFF article on Free Trade Agreement of the Americas]
* [http://en.wikipedia.org/wiki/Bilateral_copyright_agreements_of_the_United_States Wikipedia article on US bilateral agreements]
* [http://en.wikipedia.org/wiki/Bilateral_copyright_agreements_of_the_United_States Wikipedia article on US bilateral agreements]
* [http://gos.sbc.edu/e/esserman.html Text of speech re:  U.S & Vietnam bilateral agreement]
* [http://gos.sbc.edu/e/esserman.html Text of speech about U.S & Vietnam bilateral agreement]


==Blanket license==
==Blanket license==


'''A blanket license is a license that applies to every situation'''  
'''A blanket license allows a user to engage in certain uses of a large number of works under preset terms, without individual negotiation.'''  
 
In the copyright context, such a license addresses all of a defined group of copyrighted works.  It “covers” all of the relevant works like a blanket.  In this way, it makes it easier to negotiate for the use of a work by making it possible to only make a deal once rather than entering into many separate agreements.


''In the copyright context, such a license addresses all, or at least a very wide range, of copyrighted works.  It “covers” all the relevant works like a blanket, and so reduces transaction costs by allowing someone to negotiate only once in order to get permission to use a variety of works, rather than negotiating individually for each work. 
Usually, such licenses are granted and managed by collective rights management groups, which control access to thousands, or even millions, of copyrighted works.
Usually, such licenses are granted and managed by collective rights management groups, which control access to thousands, or even millions, of copyrighted works.''


See also “collective rights management organizations”
''See also:''
* [[Glossary#Collective_Rights_Management_Organization.2FSociety|Collective Rights Management Organizations]]


'''Other Resources'''
''Other resources:''


* [http://www.ascap.com/licensing/termsdefined.html ASCAP definitions page]
* [http://www.ascap.com/licensing/termsdefined.html ASCAP definitions page]
* [http://www.aimp.org/forums/1,2/Blanket_license Assoc. of Independent Music Publishers definition of blanket license]
* [http://www.aimp.org/forums/1,2/Blanket_license Assoc. of Independent Music Publishers definition of blanket license.]
* [http://www.copyright.com/ Webpage of US Copyright Clearance Center]
* [http://www.copyright.com/ Webpage of US Copyright Clearance Center]
* [http://www.accesscopyright.ca/ Webpage of Canadian copyright clearance entity]
* [http://www.accesscopyright.ca/ Webpage of Canadian copyright clearance entity]
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==“Browsewrap”==
==“Browsewrap”==


'''“Browsewrap” is a slang term for a contract to see or use content into which an Internet user enters  while “browsing” a website.'''  
'''“Browsewrap” is a slang term for a contract governing access to or use of content on a website that does not require the website user to click on a button or otherwise take action to expressly manifest consent to the terms of the agreemen.  Typically, the Internet user is considered to have agreed to the terms of the browsewrap agreement by accessing or “browsing” the website.'''  


''When reading a site or webpage, the terms to which the user is meant to agree before proceeding to the next page come into view.  Such contractual terms claim to bind the reader as soon as the user reads them.  Browsewrap agreements are potentially dangerous to users because the binding terms are frequently below the link to the next screen, and so not visible right awayA user will often “click here” to get to desired content without scrolling further down, and so unwittingly “agree” to terms.''
The terms of a browsewrap agreement governing access to a website are not always prominently displayed to the Internet user, and instead are often listed on a separate page that can only be accessed by clicking a link at the bottom of the screen.  For this reason, some commentators question whether browsewrap agreements create enforceable contracts.


See also “click wrap” and “shrink wrap”
''See also:''
*[[Glossary#.E2.80.9CClickwrap.E2.80.9D_or_.22Click-on.22|Clickwrap]]


'''Other Resources'''
''Other Resources''


* [http://en.wikipedia.org/wiki/Browse_wrap Wikipedia entry on “Browsewrap”]
* [http://en.wikipedia.org/wiki/Browse_wrap Wikipedia entry on “Browsewrap”]
* [http://faculty.law.wayne.edu/Weinberg/law-in-cyberspace/2008-click_wrap.html US law school assignment on “wrap” licenses]
* [http://faculty.law.wayne.edu/Weinberg/law-in-cyberspace/2008-click_wrap.html US law school assignment on “wrap” licenses.]
* [http://www.cptech.org/ecom/ucita/licenses/browsewrap.html Examples of “browsewrap” licenses]
* [http://www.cptech.org/ecom/ucita/licenses/browsewrap.html Examples of “browsewrap” licenses]
* [http://www.internetlibrary.com/topics/browse-wrap_agree.cfm Technical legal analysis of recent US case involving “browsewrap”]
* [http://www.internetlibrary.com/topics/browse-wrap_agree.cfm Technical legal analysis of recent US case involving “browsewrap”]
* [http://technollama.blogspot.com/2007/09/browse-wrap-agreements-boosted-by-us.html Blog post analyzing a “browsewrap” case]
* [http://technollama.blogspot.com/2007/09/browse-wrap-agreements-boosted-by-us.html Blog post analyzing a “browsewrap” case]
* [http://law.bepress.com/expresso/eps/1885/ Academic paper on “browsewrap” agreements]
* [http://law.bepress.com/expresso/eps/1885/ Academic paper on “browsewrap” agreements]
* [http://www.zvulony.com/browse_wrap.html Canadian lawyer discusses “browsewrap” agreements]
* [http://www.zvulony.com/browse_wrap.html Canadian lawyer discusses “browsewrap” agreements]
* [http://works.bepress.com/cgi/viewcontent.cgi?article=1005&context=samster Academic paper discussing enforceability of “browsewrap” agreements]
* [http://works.bepress.com/cgi/viewcontent.cgi?article=1005&context=samster Academic paper discussing enforceability of “browsewrap” agreements]


==“cease-and-desist” letter==
==“Cease-and-desist” letter==
'''Broadly, a letter sent to an alleged copyright infringer, requesting that the alleged infringer  stop using the allegedly infringing material.'''   
'''A letter sent to an alleged copyright infringer or the entity hosting allegedly infringing material, requesting that certain activities be ceased or that access to the allegedly infringing material be disabled.'''   


''These letters are used not only to address infringing uses, but are also often used to frighten or intimidate people who are using materials legally into paying a fee nevertheless.  With respect to Internet content, such letters often take the form of a “takedown notice”.''
With respect to Internet content, a cease and desist letter can take the form of a [[Glossary#.22Notice_and_Takedown.E2.80.9D|"takedown notice.”]]
   
   
''Under the United States copyright legislation known as the Digital Millenium Copyright Act, a copyright holder who believes that a website is infringing the holder’s copyright, usually by hosting protected material without permission, can send a cease-and-desist letter to the website in questionUnder the DMCA, the website will not be held liable for infringement if it immediately takes down the allegedly infringing work. There are procedures under which the person who posted the content can challenge a take-down notice, and have the material put back, but they are quite time-consuming.
'Under the U.S. copyright legislation known as the [[Glossary#DMCA|Digital Millenium Copyright Act]], a copyright holder who believes that a website is infringing the holder’s copyright, usually by hosting protected material without permission, can send a cease-and-desist letter to the entity hosting the materialThe website will not be held liable if it immediately takes down the allegedly infringing work upon receipt of the takedown notice. There are procedures under which the person who posted the content can challenge a takedown notice, and have access to the restored.
 
''This creates a powerful incentive for websites to immediately comply whenever they receive a takedown notice, without looking into whether it is legitimate or not, or verifying if the sender of the letter actually holds the copyright to the material in question.''
 
''Ironically, some rights-holders have attempted to claim copyright in the cease and desist letters themselves, in order to prevent the publication or sharing of the letters.  Other examples of unusual occurrences with letters like this include circumstances where individuals have posted copies of their jurisdiction’s laws and then received a cease and desist letter; or where someone has posted a copy of a letter they have received and then received a second letter demanding that the first be taken down.''


'''Other Resources'''
''Other resources:''
* [http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act Wikipedia entry on DMCA]
* [http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act Wikipedia entry on DMCA]
* [http://www.free-legal-document.com/copyright-cease-and-desist.html A sample cease and desist letter]
* [http://www.free-legal-document.com/copyright-cease-and-desist.html A sample cease and desist letter]
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* [http://www.techdirt.com/articles/20090726/0341395658.shtml Technology website article on “cease and desist” letters]
* [http://www.techdirt.com/articles/20090726/0341395658.shtml Technology website article on “cease and desist” letters]
* [http://www.citmedialaw.org/blog/2009/inter-newspaper-cease-and-desist-letter-my-trip-buffet-wrong Citizen Media Law Project discussion of a particular cease and desist letter]
* [http://www.citmedialaw.org/blog/2009/inter-newspaper-cease-and-desist-letter-my-trip-buffet-wrong Citizen Media Law Project discussion of a particular cease and desist letter]
* [http://www.scribd.com/doc/2526821/Notice-of-Copyright-Infringement-and-Demand-to-Cease-and-Desist Scribd posting of various Cease and desist letters]
* [http://www.scribd.com/doc/2526821/Notice-of-Copyright-Infringement-and-Demand-to-Cease-and-Desist Scribd posting of various cease and desist letters]
 
 


==CISAC==
==CISAC==


'''CISAC is the International Confederation of Societies of Authors and Composers.'''
'''The International Confederation of Societies of Authors and Composers.  CISAC is an organization composed of numerous national preforming rights societies.'''
 
''(The word order is different from that of the letters in the acronym because the confederation was initially formed in FrenchI.e., the “Confédération Internationale de Sociétés d’Auteurs et Compositeur.”)'' 
 
''CISAC “works towards increased recognition and protection of creators’ rights. CISAC was founded in 1926 and is a non-governmental, non-profit organisation. Its headquarters are in Paris, with regional offices in Budapest, Buenos Aires, Johannesburg and Singapore.  . . . . As of June 2008, CISAC numbers 225 authors’ societies from 118 countries and indirectly represents more than 2.5 million creators within all the artistic repertoires: music, drama, literature, audio-visual, graphic and visual arts.”''
 
'''Other Resources'''  


* [http://www.cisac.org The CISAC website]
According to [http://www.cisac.org its website], CISAC “works towards increased recognition and protection of creators’ rights. CISAC was founded in 1926 and is a non-governmental, non-profit organisation. Its headquarters are in Paris, with regional offices in Budapest, Buenos Aires, Johannesburg and Singapore.  . . . . As of June 2008, CISAC numbers 225 authors’ societies from 118 countries and indirectly represents more than 2.5 million creators within all the artistic repertoires: music, drama, literature, audio-visual, graphic and visual arts.”


==“Clickwrap”==
==“Clickwrap” or "Click-on"==


'''Clickwrap is a licensing agreement to which the user agrees by clicking on a button or link on a website or in software.'''   
'''Clickwrap or Click-on is a license agreement for a website or software to which the user agrees by clicking on a button or link.'''   


''Once the user clicks on the “I accept” or “I agree”, thereby accepting the license, he or she can access the copyrighted material, and is bound by the terms of the licensing agreement. An “End-User Licensing Agreement” or “EULA” is  a classic example of “clickwrap”.  Since the user has no choice except to take the licensing contract or leave it, in recent years, both courts and public opinion have begun to perceive these sorts of agreements as at least potentially oppressive.''
''Once the user clicks on the “I accept” or “I agree” button or link, thereby accepting the license, he or she can access the copyrighted material and is bound by the terms of the licensing agreement. An “End-User Licensing Agreement” or “EULA” is  a classic example of a “clickwrap” agreement.  Since the user has no choice except to accept the licensing contract in order to access the content or program, in recent years, both courts and public opinion have begun to perceive these sorts of agreements as at least potentially oppressive.''


See also “shrinkwrap contract, “contract of adhesion”
See also “shrinkwrap contract," “contract of adhesion”


'''Other Resources'''
'''Other Resources'''


* [http://en.wikipedia.org/wiki/Clickwrap Wikipedia article on “clickwrap”]
* [http://en.wikipedia.org/wiki/Clickwrap Wikipedia article on “clickwrap”]
* [http://cyber.law.harvard.edu/metaschool/fisher/contract/cases/procd.htm Decision from seminal U.S. case on “clickwrap”, ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996)]  
* [http://cyber.law.harvard.edu/metaschool/fisher/contract/cases/procd.htm Decision from seminal U.S. case on “clickwrap”, ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996)]
* [http://www.akamarketing.com/click-wrap-shrink-wrap-contracts.html Article analyzing license types]
* [http://www.akamarketing.com/click-wrap-shrink-wrap-contracts.html Article analyzing license types]
* [http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_080 An article on why such licenses are coming under criticism]
* [http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_0801 An article on why such licenses are coming under criticism]
 
==Choice of Laws==


==Choice of laws==
'''The doctrine by which a court or other tribunal determines which country’s or jurisdiction’s laws will apply to a particular case or claim.'''


'''The question of which country’s or jurisdiction’s laws will apply to a particular case'''
In any legal dispute that crosses political borders, whether domestic or international, there is a question of which laws will apply to the dispute.  Such cross-border disputes are increasingly common in the Internet era.  For instance, if an Internet user in Italy accesses a server in Sweden, and downloads a copy of a song by a U.S. recording artist, what laws should apply? Where should the trial be held?


''In any legal dispute that crosses political borders, whether domestic or international, there is a question of which laws will apply to the dispute.  Such cross-border disputes are increasingly common in the Internet era.  For instance, if an Internet user in Italy accesses a server in Sweden, and downloads a copy of a song by a U.S. recording artist, what laws should apply? Where should the trial be held?
A court hearing a suit like this will review the facts and decide what location makes the most sense for the trial, and will also decide which jurisdiction’s laws should apply.  It is possible, when writing a contract, to specify what laws will govern in the event of a dispute.  Occassionally, the laws of more than one country or jurisdiction might apply to different issues or claims in the same litigation.
A court hearing a suit like this will review the facts and decide what location makes the most sense for the trial, and will also decide which jurisdiction’s laws should apply.  It is possible, when writing a contract, to specify what laws will apply in the event of a dispute.''  


'''Other Resources'''  
''Other resources:''  


* [http://en.wikipedia.org/wiki/Choice_of_law Wikipedia article on choice of law]
* [http://en.wikipedia.org/wiki/Choice_of_law Wikipedia article on choice of law]
* [http://www.megalaw.com/top/conflictoflaws.php Aggregator site of “choice of laws” resources]
* [http://www.megalaw.com/top/conflictoflaws.php Site of “choice of laws” resources]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=958854 An international IP law paper, "An Overview of Choice of Law, Jurisdiction and Foreign Judgment Enforcement in IP Disputes"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=958854 An academic article entitled "An Overview of Choice of Law, Jurisdiction and Foreign Judgment Enforcement in IP Disputes"]
* [http://www.scribd.com/doc/239477/Conflict-of-Laws-and-Choice-of-Law US law review article "Conflict of Laws and Choice of Law"]
* [http://www.scribd.com/doc/239477/Conflict-of-Laws-and-Choice-of-Law US law review article: "Conflict of Laws and Choice of Law"]


==Circumvention==
==Circumvention==
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'''The act of avoiding, breaking or otherwise bypassing protections on digital content and technology.'''
'''The act of avoiding, breaking or otherwise bypassing protections on digital content and technology.'''


''Many digital or electronic resources, including online databases, software and more, come with built-in protections which in theory prevent illegal copying or impermissible uses.  For example, DVDs may have a “region code” embedded in their data that prevents them from being played on DVD players from different parts of the world.  Likewise, software may have added code, or encryption, which prevents it from being copied.''
Many digital or electronic resources, including online databases and software, come with built-in protections which in theory prevent illegal copying or impermissible uses.  For example, DVDs may have a “region code” embedded in their data that prevents them from being played on DVD players from different parts of the world.  Likewise, software may have added code, or encryption, which prevents it from being copied.
   
   
''Although these technological barriers may arguably help to protect content from illegal copying or uses, they can also get in the way of legitimate uses, such as playing a DVD on a Linux-based player, or making an archival copy of software.  A user who wants to do these things will therefore have to circumvent, or break, the protection measures.  However, this is illegal to do in many countries.''
Although these technological barriers may arguably help to protect illegal copying or use of content, they can also get in the way of legitimate uses, such as playing a DVD on a Linux-based player, or making an archival copy of software.  A user who wants to do these things will therefore have to circumvent, or break, the protection measures.  However, this is illegal to do in many countries.
   
   
''Notably, in the United States, Section 1201 of the Digital Millennium Copyright Act (1998) specifically forbids circumvention of technological protection measures, and even makes it illegal to sell or own anything that facilitates circumvention.''
Notably, in the United States, Section 1201 of the Digital Millennium Copyright Act (1998) specifically forbids circumvention of technological protection measures, and even makes it illegal to sell or own anything that facilitates circumvention.
 
Laws like Section 1201 are controversial, because from one perspective, the protections a law like this facilitates are parallel to, and can last longer than, those offered by copyright.  This arguably defeats the purpose of copyright law’s limited duration protections, violates copyright’s implicit bargain with the public and harms the public domain.


''Laws like Section 1201 are controversial, because from one perspective, the protections a law like this facilitates are parallel to, and can last longer than, those offered by copyright.  This arguably defeats the purpose of copyright law’s limited duration protections, violates copyright’s implicit bargain with the public and harms the public domain.''
''See also:''


See also “DRM”, “Right of access”, “DMCA”
* [[Glossary#TPM_.E2.80.93_Technological_Protection_Measures|Technological Protection Measures]]
* [[Glossary#Right_of_Access|Right of Access]]
* [[Glossary#DMCA|DMCA]]


'''Other Resources'''
''Other resources:''


* [http://www.chillingeffects.org/anticircumvention/ Chilling Effects website on anticircumvention]  
* [http://www.chillingeffects.org/anticircumvention/ Chilling Effects website on anticircumvention]  
* [http://en.wikipedia.org/wiki/Anti-circumvention Wikipedia article on aticircumvention]
* [http://en.wikipedia.org/wiki/Anti-circumvention Wikipedia article on aticircumvention]
* [http://www.chillingeffects.org/anticircumvention/faq.cgi Chilling Effects FAQ page on anticircumvention]
* [http://www.copyright.gov/1201/ U.S. Government's website on copyright]
* [http://www.copyright.gov/1201/ U.S. Government's website on copyright]
* [http://www.sciencemag.org/cgi/content/abstract/293/5537/2028 Abstract of academic paper on anticircumvention]
* [http://www.sciencemag.org/cgi/content/abstract/293/5537/2028 Abstract of academic paper on anticircumvention]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=320961 An academic paper,“Anti-circumvention Misuse”]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=320961 An academic paper: “Anti-circumvention Misuse”]
* [http://blogs.law.harvard.edu/ugasser/2004/11/30/eu-anti-circumvention-laws/ Berkman Center resource on anticircumvention]
* [http://blogs.law.harvard.edu/ugasser/2004/11/30/eu-anti-circumvention-laws/ Berkman Center resource on anticircumvention]
* [http://books.google.com/books?id=I9L6AAFtxH0C&pg=PA71&lpg=PA71&dq=anti-circumvention++EU&source=bl&ots=4unbi1jd9k&sig=oqoQK3Q1iqyqEdCpTzvkUxxZ1CE&hl=en&ei=rwp1SvGoJaSltgeRjeWWCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=anti-circumvention%20%20EU&f=false Google Book excerpt from EU Digital Copyright Law and the End-User]   
* [http://books.google.com/books?id=I9L6AAFtxH0C&pg=PA71&lpg=PA71&dq=anti-circumvention++EU&source=bl&ots=4unbi1jd9k&sig=oqoQK3Q1iqyqEdCpTzvkUxxZ1CE&hl=en&ei=rwp1SvGoJaSltgeRjeWWCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=anti-circumvention%20%20EU&f=false Google Book excerpt from EU Digital Copyright Law and the End-User]   
* [http://ansuz.sooke.bc.ca/lawpoli/copyright/geistbook/2_04_Geist.pdf PDF of Canadian law professor Michael Geist's article “Anti-circumvention Legislation and Competition Policy” ]
* [http://ansuz.sooke.bc.ca/lawpoli/copyright/geistbook/2_04_Geist.pdf PDF of Canadian law professor Michael Geist's article “Anti-circumvention Legislation and Competition Policy”]
* [http://portal.acm.org/citation.cfm?id=1314276.1314284 Academic article“Protecting fair use from digital rights management in China”]
* [http://portal.acm.org/citation.cfm?id=1314276.1314284 Academic article: “Protecting fair use from digital rights management in China”]


==Copyright==
==Copyright==


'''The set of rights in a creative work statutorily granted to or automatically possessed by the author of that creative work.'''
'''The set of rights granted to the author of a creative work that govern certain third party uses of the work.'''


''These rights vary from country to country, although there is substantial international harmonization.  They can typically be divided into economic rights and so-called “moral” rights.''
These rights vary from country to country, although there is substantial international harmonization.  They can typically be divided into economic rights and so-called “moral” rights.


''With respect to the economic rights, they essentially represent a temporary monopoly over the creative work in question.  In theory, this monopoly control is supposed to incentivize and reward creator, convincing them to create more.  However, when the term of copyright ends, the work belongs to the public.  The public’s gains from the creation of new works is thought to compensate for the inefficiencies that a monopoly represents.  Economic rights are truly “property” in that they can be sold, assigned, inherited, divided up, and more.''
With respect to the economic rights, they essentially represent a temporary monopoly over the creative work in question.  In theory, this monopoly control is supposed to incentivize and reward creator, convincing them to create more.  However, when the term of copyright ends, the work belongs to the public.  The public’s gains from the creation of new works is thought to compensate for the inefficiencies that a monopoly represents.  Economic rights are truly “property” in that they can be sold, assigned, inherited, divided up, and more.


''With respect to “moral” rights, these belong to the author at the moment of creation, and cannot usually be transferred to anyone else.''
With respect to “moral” rights, these belong to the author at the moment of creation, and cannot usually be transferred to anyone else.


See also “Rights”, various; "Additional Resources" page
''See also:''
* [[Glossary#Rights|Rights]]


Selection of other resources (many more are available)
''Other resources:''


* [http://www.copyright.gov/help/faq/faq-general.html#what US Government’s copyright website]
* [http://www.copyright.gov/help/faq/faq-general.html#what US Government’s copyright website]
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* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home Canadian Intellectual Property Office website]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home Canadian Intellectual Property Office website]
* [http://www.eucopyright.com/ Private website devoted to EU copyright law]
* [http://www.eucopyright.com/ Private website devoted to EU copyright law]
* [http://www.chinaiprlaw.com/english/laws/laws10.htm Copy of Chinese Copyright Law ( English)]
* [http://www.chinaiprlaw.com/english/laws/laws10.htm Copy of Chinese copyright law (English)]
* [http://www.cric.or.jp/cric_e/clj/index.html Copy of Japan’s copyright law ( English)]
* [http://www.cric.or.jp/cric_e/clj/index.html Copy of Japan’s copyright law (English)]


==Common law==
==Common Law==


'''A legal system based primarily on custom and the precedent of court decisions.'''
'''A legal system based primarily on custom and the precedent of court decisions.'''


''International legal systems tend to fall into one of three categories. Typically found within countries that have some historical connection with the United Kingdom or the former British Empire ,“common law” systems have a legal system based primarily on custom --  the precedent set by court decisions  (“case law”) , in contrast to civil law systems or religious law systems.''
International legal systems tend to fall into one of three categories. Typically found within countries that have some historical connection with the United Kingdom or the former British Empire ,“common law” systems have a legal system based primarily on custom --  the precedent set by court decisions  (“case law”) , in contrast to civil law systems or religious law systems.
 
''See also:''


See also Civil Law”,  “religious law”
* [[Glossary#Civil_Law|Civil Law]]
* [[Glossary#Religious_Legal_System|Religious Legal System]]


'''Other Resources'''
''Other resources:''


* [http://en.wikipedia.org/wiki/Common_law Wikipedia Article on the “common law”]
* [http://en.wikipedia.org/wiki/Common_law Wikipedia Article on the “common law”]
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* [http://www.britannica.com/EBchecked/topic/128386/common-law Britannica article on the “common law”]
* [http://www.britannica.com/EBchecked/topic/128386/common-law Britannica article on the “common law”]


==Collective Rights Management Organization / Society==
==Collective Rights Management Organization/Society==


'''A organization that controls the economic rights to a large number of creative works.'''
'''An organization that controls the economic rights to a large number of creative works.'''


''Also known as “collecting society” and “Copyright collective”''
Also known as “collecting society” or a "copyright collective.”


''A collective rights management organization or society most often deals with  the rights to music and text.  These groups lower the transaction costs of acquiring rights, and make it easy for would-be users of copyrighted works to get permission to do so.  With a collective rights group, there need only be one set of negotiations and one fee paid, regardless of how many different works are used.  Compare having to find and negotiate with the rights-holders for one hundred different songs with negotiating a single contract.''
A collective rights management organization or society most often deals with  the rights to music and text.  These groups lower the transaction costs of acquiring rights and make it easy for would-be users of copyrighted works to get permission to do so.  With a collective rights group, there need only be one set of negotiations and one fee paid, regardless of how many different works are used.  Compare having to find and negotiate with the rights-holders for one hundred different songs with negotiating a single contract.
   
   
''While groups like this undoubtedly solve a market problem, criticisms leveled against them include that they do not channel enough of the fees they receive to the actual artists, and that they seek to unfairly charge for uses over which  they should not have control.  Also, most notably, there are no collective rights groups managing the rights to sound recordings, which has led to much controversy over sampling.''
While groups like this undoubtedly solve a market problem, criticisms leveled against them include that they do not channel enough of the fees they receive to the actual artists, and that they seek to unfairly charge for uses over which  they should not have control.  Also, most notably, there are no collective rights groups managing the rights to sound recordings, which has led to much controversy over sampling.
''A partial list of organizations that collectively manage rights follows.''


Some collective rights management organizations include:


* [http://www.ifrro.org IFRRO website. An international aggregate organization of rights management organizations]
* [http://www.ascap.com/index.aspx ASCAP (United States)]
* [http://www.ascap.com/index.aspx ASCAP website. U.S. music]
* [http://www.cisac.org/ CISAC  (International)]
* [http://www.cisac.org/ CISAC  website. Intl. music and writings]
* [http://www.soundexchange.com/ SoundExchange (United States)]
* [http://www.soundexchange.com/ SoundExchange website. US, webstreamed music]
* [http://www.harryfox.com/index.jsp Harry Fox Agency (United States)]
* [http://www.harryfox.com/index.jsp Harry Fox Agency website.US, rights to underlying musical works]
* [http://www.gesac.org GESAC  (European Union)]  
* [http://www.gesac.org GESAC  website. EU authors and composers]  
* [http://www.agicoa.org/ AGICOA website (International)]
* [http://www.agicoa.org/ AGICOA website. International, retransmission rights for independent producers]
* [http://www.biem.org/ BIEM (International)]
* [http://www.ifpi.org/ IFPI  website]
* [http://www.cepic.org/issues/2007/12/statement_collective_rights_management_2000 CEPIC (European Union)]
* [http://www.biem.org/ BIEM website. Intl aggregating group]
* [https://www.ige.ch/en/ IGE (Switzerland)]
* [http://www.cepic.org/english/links/collecting_societies/statement_on_collective_rights_management.php  CEPIC website. EU, images]
* [https://www.ige.ch/en/ IGE website. Swiss]


Other resources
''Other resources:''


* [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/collective-rights EIFL handbook on Collective rights]
* [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/collective-rights EIFL handbook on Collective rights]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=998328 Academic paper “Economic Functions of Collecting Societies - Collective Rights Management in the Light of Transaction Cost - and Information Economics”]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=998328 Academic paper “Economic Functions of Collecting Societies - Collective Rights Management in the Light of Transaction Cost - and Information Economics”]
* [http://www.slideshare.net/paulkeller/creative-commons-collective-rights-management-presentation Dutch slide presentation on collective rights and Creative Commons]
* [http://www.slideshare.net/paulkeller/creative-commons-collective-rights-management-presentation Dutch slide presentation on collective rights and Creative Commons]
* [http://books.google.com/books?id=jwfAqpjlts0C&pg=PA130&lpg=PA130&dq=collective+rights+management+societies&source=bl&ots=kiKYThcqn2&sig=uNX3eBID1xQHHLP73w8XlR8dN1o&hl=en&ei=YBJ2Ss6nDYKJtgewhPWWCQ&sa=X&oi=book_result&ct=result&resnum=5#v=onepage&q=collectiv&f=false Google Book -  Collective Management of copyright and related rights by Daniel Gervais]


==Compulsory license==
==Compulsory License==


'''A compulsory license is a license to make use of intellectual property that is automatically granted to anyone who seeks one.'''
'''A license for use of copyrighted material that is mandated by law to be made available to everyone on an equal basis, usually in exchange for the payment of a set fee.'''


''From the user’s perspective, it is a use for which the user does not need to seek permission.  That is, the rights-holder may not refuse to grant the license to the user.  The rights-holder still has the right to whatever revenue comes from the use, but has no rights of control.''
From the user’s perspective, it is a use for which the user does not need to seek permission.  That is, the rights-holder may not refuse to grant the license to the user.  The rights-holder still has the right to whatever revenue comes from the use, but has no rights of control.


''Such licenses are always non-exclusive, since anyone can obtain one, and the fees that are paid to the rights-holder for them are usually set by statute.  An example of a compulsory license is the so-called “mechanical license” under U.S. law for recording a new version of an existing song.  Once a song has been released to the public, any other artist may record a version of it, and must pay a set fee  (currently 2.5 cents per copy)  to the rights-holder of that song.''
Such licenses are always non-exclusive, since anyone can obtain one, and the fees that are paid to the rights-holder for them are usually set by statute.  An example of a compulsory license is the so-called “mechanical license” under U.S. law for recording a new version of an existing song.  Once a song has been released to the public, any other artist may record a version of it, and must pay a set fee  (currently 2.5 cents per copy)  to the rights-holder of that song.


''This is not the only example of a compulsory license.  There is a wide variety, whose nature and terms depend on the laws of the country in question, and the nature of the work.  Compulsory licensing schemes exist for music, text, pharmaceuticals and more.''
This is not the only example of a compulsory license.  There is a wide variety, whose nature and terms depend on the laws of the country in question and the nature of the work.  Compulsory licensing schemes exist for music, text, pharmaceuticals and more.


''Recently, some copyright scholars and activists have proposed that the solution to the perceived problem of peer-to-peer filesharing will be some sort of compulsory licensing scheme.  Filesharing would become legal, but artists would get paid, most likely out of a fund created by levying taxes on recordable media and associated technologies.''
Recently, some copyright scholars and activists have proposed that the solution to the perceived problem of peer-to-peer filesharing will be some sort of compulsory licensing scheme.  Filesharing would become legal, but artists would get paid, most likely out of a fund created by levying taxes on recordable media and associated technologies.


'''Other Resources'''
'''Other resources:'''


* [http://en.wikipedia.org/wiki/Compulsory_license Wikipedia article on compulsory licenses]
* [http://en.wikipedia.org/wiki/Compulsory_license Wikipedia article on compulsory licenses]
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* [http://www.cato.org/pubs/pas/pa508.pdf Robert Merges of the Cato Institute's analysis of compulsory licensing (English, US) academic, English]
* [http://www.cato.org/pubs/pas/pa508.pdf Robert Merges of the Cato Institute's analysis of compulsory licensing (English, US) academic, English]
* [http://jiplp.oxfordjournals.org/cgi/content/extract/2/5/324 Academic article “Compulsory licensing of IP rights: Has EC competition law reached a clear and rational analysis following the IMS judgment and the Microsoft decision?]
* [http://jiplp.oxfordjournals.org/cgi/content/extract/2/5/324 Academic article “Compulsory licensing of IP rights: Has EC competition law reached a clear and rational analysis following the IMS judgment and the Microsoft decision?]
* [http://books.google.com/books?id=5OmODuQXUPgC&dq=compulsory+licensing+analysis&source=gbs_navlinks_s Google Book: Licensing of Intellectual Property,  Jay Dratler, Jr.]


==Civil Law==
==Civil Law==


'''A legal system is one in which the law is based almost exclusively on statute.'''
'''A legal system in which the law is based almost exclusively on legislation.'''
 
Such a system is as opposed to a common law system (based on tradition and court decisions) or  a religious law system.  Civil law regimes tend to be either inspired by or directly descended from Roman legal systems.


''Such a system is as opposed to a common law system ( based on tradition and court decisions) or  a religious law system. Civil law regimes tend to be either inspired by or directly descended from Roman legal systems.''
[http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29 According to Wikipedia], “The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most prevalent and oldest surviving legal system in the world.


''“The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most prevalent and oldest surviving legal system in the world.”  - Wikipedia entry
Most of Europe and its former colonies have civil law-based legal systems, many of which hearken back to the [http://en.wikipedia.org/wiki/Code_Napoleon Napoleonic Code.]


''Most of Europe and its former colonies have civil law-based legal systems, many of which hearken back to the Code Napoleon.'
This version of civil law is not to be confused with the sort that occurs in the civil law / criminal law distinction, in, among others, U.S. law.


''This version of civil law is not to be confused with the sort that occurs in the civil law / criminal law distinction, in, among others, U.S. law.''
''See also:''  


* [[Glossary#Common_Law|Common Law]]
* [[Glossary#Religious_Legal_System|Religious Legal System]]


'''Other Resources'''
'''Other resources:'''


* [http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29 Wikipedia Article on Civil Law]
* [http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29 Wikipedia Article on Civil Law]
* [http://www.britannica.com/EBchecked/topic/119262/civil-law Britannica article on Civil Law]
* [http://www.britannica.com/EBchecked/topic/119262/civil-law Britannica article on Civil Law]
* [http://www.fjc.gov/public/pdf.nsf/lookup/CivilLaw.pdf/$file/CivilLaw.pdf PDF “A Primer on the Civil Law System” (academic)]
* [http://www.fjc.gov/public/pdf.nsf/lookup/CivilLaw.pdf/$file/CivilLaw.pdf PDF “A Primer on the Civil Law System” (academic)]
* [http://iuscivile.com/ List of resources on civil law]
* [http://iuscivile.com/ List of resources on Civil Law]
 
 
 
==Collecting Societies==


See “Collective Rights Management Organization”


'''Other Resources''']
* [http://en.wikipedia.org/wiki/Copyright_collective Wikipedia article on “copyright collective”]
* [http://www.bemuso.com/musicbiz/collectionsocieties.html Web page on “collecting societies”]
* [http://wiki.creativecommons.org/Collecting_Society_Projects Creative Commons page on collecting society projects]
* [http://www.caslon.com.au/colsocietiesprofile.htm Resource page on Australian collecting societies]


==Commons==
==Commons==
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'''This term refers to both the property that is owned by the community in general and the social regime for governing usage of that resource.'''   
'''This term refers to both the property that is owned by the community in general and the social regime for governing usage of that resource.'''   


''Some commons were truly open to all, but some were governed by rules that limited access.  However, despite what might seem like a complete lack of any rules for governing the maintenance and usage of a commons, they were historically at the center of a complex web of social norms, and were well-monitored and maintained.''
Some historical commons were truly open to all, but some were governed by rules that limited access.  However, despite what might seem like a complete lack of any rules for governing the maintenance and usage of a commons, they were historically at the center of a complex web of social norms, and were well-monitored and maintained.
 
In the late 1960s a school of thought emerged whcih claimed that any real commons would quickly be over-exploited by an economically rational user, and that only private ownership could successfully manage societal resources.


''In the late 1960s, an analytical narrative arose challenging the idea of a useful and functional commons, claiming that any real commons would quickly be over-exploited by an economically rational user, and that only private ownership could successfully care-take societal resources.''
Although this idea was quickly and widely accepted, it has been challenged in recent years for misstating the facts surrounding historical commons, as well as for overlooking the real problems that can arise from complex webs of private ownership, a problem [http://en.wikipedia.org/wiki/Michael_Heller_%28law_professor%29 Michael Heller] has called “the tragedy of the anti-commons.


''Although this idea quickly gained much credence, both in academia and society and in general, leading, among other things, to the phrase “the tragedy of the commons”, it has been challenged in recent years for misstating the facts surrounding historical commons, as well as for overlooking the real problems that can arise from complex webs of private ownership, a problem Michael Heller has called “the tragedy of the anti-commons.”''
With respect to copyright, the commons is the enormous body of creative work to which all of society has access.  Some is historical; some is contemporary.  Everyone having access to them does not necessarily mean that no one holds copyright in the works that make up the commons.  Some works are in the public domain, which means that not only can anyone access them and make use of them, but that no one has the right to restrict their usage in anyway.  On the other hand, works existing under regimes such as Creative Commons, or the GPL license , as well as so-called “Open Access”  journals, are examples of copyright-controlled information that is nonetheless part of the commons.  For example, the works of Shakespeare, or a culture’s folktales, are part of the commons, as is any modern work which its author has dedicated to the public domain.  Further, any work to which anyone has access, but for which the usages are restricted (usually with respect to keeping further uses of the work open to access)  are still considered part of the commons.


''With respect to copyright, the commons is the enormous body of creative work to which all of society has access.  Some is historical, some is contemporary.  Everyone having access to them does not necessarily mean that no one holds copyright in the works that make up the commons.  Some works are in the public domain, which means that not only can anyone access them and make use of them, but that no one has the right to restrict their usage in anyway.  On the other hand, works existing under regimes such as Creative Commons, or the GPL license , as well as so-called “Open Access”  journals, are examples of copyright-controlled information that is nonetheless part of the commons.  For example, the works of Shakespeare, or a culture’s folktales, are part of the commons, as is any modern work which its author has dedicated to the public domain.  Further, any work to which anyone has access, but for which the usages are restricted (usually with respect to keeping further uses of the work open to access)  are still considered part of the commons.''
''See also:''


See also “public domain”
* [[Glossary#Public_Domain|Public Domain]]


'''Other Resources'''
'''Other resources:'''
* [http://www.garretthardinsociety.org/articles/art_tragedy_of_the_commons.html [Garret Hardin’s seminal 1968 article on “Tragedy of the Commons”]
* [http://www.garretthardinsociety.org/articles/art_tragedy_of_the_commons.html Garret Hardin’s seminal 1968 article on “Tragedy of the Commons”]
* [http://en.wikipedia.org/wiki/Tragedy_of_the_commons Wikipedia article on "tragedy of the commons"]
* [http://en.wikipedia.org/wiki/Tragedy_of_the_commons Wikipedia article on "tragedy of the commons"]
* [http://www.ecobooks.com/books/commons.htm Ebook - Managing the Commons (academic)]
* [http://www.youtube.com/watch?v=L8gAMFTAt2M  Garrett Hardin interview]
* [http://www.youtube.com/watch?v=L8gAMFTAt2M  Garrett Hardin interview]
* [http://www.flickr.com/commons?phpsessid=ea7b4da468f5935f24b65f41dbfc356f Flickr’s archive of photos in the commons. a public photography archive]
* [http://www.flickr.com/commons?phpsessid=ea7b4da468f5935f24b65f41dbfc356f Flickr’s archive of photos in the commons. a public photography archive]
*[http://books.google.com/books?id=3le1NaQ_FtoC&dq=order+without+law&printsec=frontcover&source=bn&hl=en&ei=sx92SrO5MoaGtgeG1NWWCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=&f=false Order Without Law by Robert Ellickson (legal anthropology)]
* [http://yupnet.org/boyle/ The Public Domain: Enclosing the Commons of the Mind by James Boyle]
* [http://yupnet.org/boyle/ The Public Domain: Enclosing the Commons of the Mind by James Boyle]
*[http://www.sciencemag.org/cgi/content/full/280/5364/698 Michael Heller academic article on “anticommons” and “gridlock”]
* [http://www.gridlockeconomy.com/ Michael Heller’s website]
* [http://www.gridlockeconomy.com/ Michael Heller’s website]
* [http://dlc.dlib.indiana.edu/archive/00001246/ "Academic article "Creating An Intellectual commons Through Open Access" by Peter Suber]
* [http://dlc.dlib.indiana.edu/dlc/bitstream/handle/10535/4445/Suber_Creating_041004.pdf?sequence=1 Academic article "Creating An Intellectual commons Through Open Access" by Peter Suber]
* [http://creativecommons.org/ Creative Commons website]


==Compilation==
==Compilation==
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'''A work that gathers together other previously existing copyrighted works or facts.'''  
'''A work that gathers together other previously existing copyrighted works or facts.'''  


''For example, an anthology of stories is a compilation.  A recording that brought together songs from a wide variety of artists, such as a soundtrack album, would be a compilation.  A database is also a compilation, of facts rather than creative works.  In many jurisdictions, it is possible to hold a separate copyright in a compilation that is independent of any copyright in the works that make it up, as long as there is sufficient creativity in the selection and arrangement of the works. It is also possible to hold copyright in a database, based on the selection and arrangement of its factual elements, or alternatively, based on the effort that went into creating it.''
For example, an anthology of stories is a compilation.  A recording that brought together songs from a wide variety of artists, such as a soundtrack album, would be a compilation.  A database is also a compilation, of facts rather than creative works.  In many jurisdictions, it is possible to hold a separate copyright in a compilation that is independent of any copyright in the works that make it up, as long as there is sufficient creativity in the selection and arrangement of the works. It is also possible to hold copyright in a database, based on the selection and arrangement of its factual elements, or alternatively, based on the effort that went into creating it.


'''Other Resources'''
''Other resources:''


* [http://www.copyright.gov/title17/92chap1.html#103 U.S. Law on compilations]
* [http://www.copyright.gov/title17/92chap1.html#103 U.S. Law on compilations]
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==CONFU==
==CONFU==


'''An abbreviation of the “Conference on Fair Use”.'''  
'''An abbreviation of the “Conference on Fair Use.'''  
 
The Conference on Fair Use was a series of meetings held in the United States in the  mid to late 1990s.  The purpose of CONFU was to have a meaningful discussion about “fair use” in an increasingly digital age, especially for academics and librarians.  However, due in large part to fundamental disagreements among the various represented interest groups, the meetings failed to achieve any meaningful consensus.


''The Conference on Fair Use was a series of meetings held in the United States in the  mid to late 1990s, approximately twenty years after the CONTU hearings, to which the "CONFU" name is a nod.  The purpose of CONFU was to have a meaningful discussion about “fair use” in an increasingly digital age, especially for academics and librarians.  However, due in large part to fundamental disagreements among the various represented interest groups, the meetings failed to achieve any meaningful consensus.''
''See also:''


See also “Fair use”, “CONTU”
*[[Glossary#.E2.80.9CFair_Use.E2.80.9D|Fair Use]]


'''Other Resources'''
''Other resources:''


* [http://www.uspto.gov/web/offices/dcom/olia/confu/report.htm Text of CONFU report ]
* [http://www.uspto.gov/web/offices/dcom/olia/confu/report.htm Text of CONFU report ]
* [http://www.utsystem.edu/OGC/IntellectualProperty/confu.htm CONFU page from University of Texas’ copyright guidelines. (English, US)]
* [http://www.utsystem.edu/OGC/IntellectualProperty/confu.htm CONFU page from University of Texas’ copyright guidelines. (English, US)]
* [http://www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm University of Texas guidelines about use of images]
* [http://www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm University of Texas guidelines about use of images]
* [http://www.uspto.gov/web/offices/dcom/olia/confu/conclu1.html US Government resource about CONFU - ]
* [http://www.arl.org/pp/ppcopyright/copyresources/confu-main.shtml Association of Research libraries resource on CONFU]
* [http://www.arl.org/pp/ppcopyright/copyresources/confu-main.shtml Association of Research libraries resource on CONFU]
* [http://www.encyclopedia.com/doc/1G1-20078329.html Encyclopedia article on CONFU]
==Consortium==
'''A loosely connected, almost unofficial, organization of interested people, businesses, or other entities.''' 
''Consortia  are typically formed around  a common goal or interest.  A consortium can make discussions about common interests more simple and practical, and can allow for agreement on, and promulgation of, industry standards for a particular technology or practice.  While consortia do not create laws or have the power of government behind them, they can have a great deal of influence simply due to their momentum and their effect on the relevant markets.  Examples of consortia include consortia of colleges and universities, consortia of technology manufacturers, and more.''
'''Other Resources'''
* [http://en.wikipedia.org/wiki/Consortium Wikipedia article on "consortium"]
* [http://www.library.yale.edu/consortia/ International Coalition of Library consortia]
* [http://unicode.org/ Unicode Consortium]
* [https://www.isc.org/ Internet Systems consortium]
* [http://optics.org/cws/article/research/9033 Article about DVD standard consortium]
==Copyright collective==
See “collective rights management society or organization”


== Counterfeiting ==
== Counterfeiting ==
'''Counterfeiting is the practice of making illegal copies of something and then attempting to pass the copies off as the real thing.'''
'''Counterfeiting is the practice of making illegal copies of something and then attempting to pass the copies off as the real thing.'''
   
   
''Almost anything can be copied, whether currency, material goods, or intellectual property.  A counterfeiter hopes to take advantage of any positive reputation that the original enjoys without having to invest time and resources in creating it.  Counterfeits damage the original by competing with it in the marketplace and by hurting the original’s reputation.''
Almost anything can be copied, whether currency, material goods, or intellectual property.  A counterfeiter hopes to take advantage of any positive reputation that the original enjoys without having to invest time and resources in creating it.  Counterfeits damage the original by competing with it in the marketplace and by hurting the original’s reputation.


'''Other Resources'''
''Other resources:''
* [http://www.gonzagaip.org/blog/?p=8 IP Law organization analysis of French court ruling about counterfeiting]
* [http://www.gonzagaip.org/blog/?p=8 IP Law organization analysis of French court ruling about counterfeiting]
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==Course Pack==
==Course Pack==
'''A collection of documents put together by a teacher as a resource for students in a particular course or class.''
'''A collection of documents put together by a teacher as a resource for students in a particular course or class.'''
    
    
''Often, teachers with a specific curriculum in mind will wish to assemble their own materials rather than teach from a particular textbook.  As a corollary to this, a teacher creating a curriculum drawing on a wide range of resources may wish to simply provide her students with only the materials they need, rather than requiring them to purchase many books, often at great cost, each of which will contain only a small piece of the curriculum, and the majority of the contents of which will be superfluous.''
Often, teachers with a specific curriculum in mind will wish to assemble their own materials rather than teach from a particular textbook.  As a corollary to this, a teacher creating a curriculum drawing on a wide range of resources may wish to simply provide her students with only the materials they need, rather than requiring them to purchase many books, often at great cost, each of which will contain only a small piece of the curriculum, and the majority of the contents of which will be superfluous.


''Of course, creating such a “course pack” necessitates the copying of the relevant works, implicating copyright law.  Such copying may or may not fall under fair use, or fair dealing, or academic exceptions to copyright, depending on the circumstances and the jurisdiction.  There have been two seminal cases in the United States dealing with coursepacks and copyright, both of which were resolved against the universities in question.  It is noteworthy, though, that each of those cases involved a for-profit copying service.''
Of course, creating such a “course pack” necessitates the copying of the relevant works, implicating copyright law.  Such copying may or may not fall under fair use, fair dealing, or other exceptions to copyright, depending on the circumstances and the jurisdiction.  There have been two seminal cases in the United States dealing with course packs and copyright, both of which were resolved against the universities in question.  It is noteworthy, though, that each of those cases involved a for-profit copying service.


'''Other Resources'''
''Other resources:''


* [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-a.html Stanford Fair Use Center on course packs]
* [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-a.html Stanford Fair Use Center on course packs]
*[http://www.law.cornell.edu/copyright/cases/99_F3d_1381.htm Text of ''Princeton Univ. v. Michigan Document Servs.'', 99 F.3d 1381 (6th Cir. 1996).)]
*[http://www.law.cornell.edu/copyright/cases/99_F3d_1381.htm Text of ''Princeton Univ. v. Michigan Document Servs.'', 99 F.3d 1381 (6th Cir. 1996).)]
* [http://www.bc.edu/bc_org/avp/cas/comm/free_speech/basicbooks.html Text of ''Basic Books Inc. v. Kinko's Graphics Corp.'', 758 F.Supp. 1522 (S.D. N.Y. 1991).)]
* [http://www.bc.edu/bc_org/avp/cas/comm/free_speech/basicbooks.html Text of ''Basic Books Inc. v. Kinko's Graphics Corp.'', 758 F.Supp. 1522 (S.D. N.Y. 1991).)]
* [http://www.universityreaders.com/coursepack/ Professional coursepak service]
* [http://www.universityreaders.com/coursepack/ Professional course pack service]
* [http://everybodyslibraries.com/2008/04/16/coursepack-sharing-an-idea-whose-time-has-come/ Article on coursepacks.]
* [http://everybodyslibraries.com/2008/04/16/coursepack-sharing-an-idea-whose-time-has-come/ Article on course packs.]
* [http://www.aaup.org/AAUP/pubsres/academe/2001/JF/Feat/nels.htm Article on coursepacks from American Assoc. of University Publishers]
* [http://www.aaup.org/AAUP/pubsres/academe/2001/JF/Feat/nels.htm Article on course packs from American Assoc. of University Publishers]
-* [http://distance.uaf.edu/archives/bookstore/subbookstore/coursepack-request.php A distance learning organization’s coursepack request form]
* [http://distance.uaf.edu/archives/bookstore/subbookstore/coursepack-request.php A distance learning organization’s course pack request form]
* [http://www.mcgilldaily.com/article/2987-course-packs-could-go-online- Canadian article on using coursepacks online]
* [http://www.mcgilldaily.com/article/2987-course-packs-could-go-online- Canadian article on using course packs online]


==Creative Commons==
==Creative Commons==
''' “Creative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright.”''' -- the Creative Commons website
''' “Creative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright.”'''  
 
''“We provide free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof.”'' -- from the CC website]
 
''Creative Commons was founded in 2001  by, among others, Harvard Professor Lawrence Lessig.  Its goal was to provide simple, easy to understand and use copyright licenses that would allow creators to share their work with the world under terms they were comfortable with, rather than the default terms offered by statute.''


''Currently, Creative Commons offers only six different licenses, whose features vary according to their permissiveness, and the uses they allow.''
The above definition comes from the Creative Commons website. The organization was founded in 2001  by, among others, Harvard Professor Lawrence Lessig.  Its goal was to provide simple, easy to understand and use copyright licenses that would allow creators to share their work with the world under terms they were comfortable with, so people can share, remix, and/or use them commercially, rather than the default terms offered by statute. Currently, Creative Commons offers 6 different licenses (in 50 countries and counting), whose features vary according to the uses they allow. The existence and terms of these special licenses are communicated to users by employing both the Creative Commons name and a series of icons that suggest the specific terms of the license.


''A 2008 U.S. case, ''Jacobsen v. Katzer'', concerning later usage of software licensed under a license similar in style and intent to those offered by Creative Commons held that the license was a valid one, and that violating it terms constituted copyright infringement.  The ruling greatly strengthened the enforceability of such agreements, helping their use to be perceived as more mainstream and legitimate.''
A 2008 U.S. case, ''Jacobsen v. Katzer'', concerning later usage of software licensed under a license similar in style and intent to those offered by Creative Commons held that the license was a valid one, and that violating it terms constituted copyright infringement.  The ruling greatly strengthened the enforceability of such agreements, helping their use to be perceived as more mainstream and legitimate.


'''Other Resources'''
''Other resources:''


* [http://creativecommons.org/ Creative Commons’ website]
* [http://creativecommons.org/ Creative Commons’ website]
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'''A creative work that represents the creative input of more than one author.'''   
'''A creative work that represents the creative input of more than one author.'''   


''When two or more people share the copyright in a work they are referred to as “joint authors”  A movie is a classic example of a collective work, involving as it does the efforts of hundreds, if not thousands, of people.  Nevertheless, the rights to collective works are usually held by only one, or at most a few, people.  In the case of a movie, most of the people working on it are treated, by their contract, as employees, rather than as joint authors.''
When two or more people share the copyright in a work they are referred to as “joint authors”  A movie is a classic example of a collective work, involving as it does the efforts of hundreds, if not thousands, of people.  Nevertheless, the rights to collective works are usually held by only one, or at most a few, people.  In the case of a movie, most of the people working on it are treated, by their contract, as employees, rather than as joint authors.
 
==Connexions==
'''Connexions is the software platform on which / through which  this curriculum is presented.'''
 
''Connexions is devoted to the promotion of open-source learning tools, content and access. “The Connexions Consortium (http://cnxconsortium.org) is a group of organizations and individuals, including the world's foremost leaders in education, who work together to advance open source educational technology and open access educational content. Members join the Consortium to work and exchange ideas with other members.”''
 
'''Other Resources'''


* [http://cnx.org/ Connexions website]




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'''The money given to a copyright holder to compensate him or her for the harm caused by infringement.'''
'''The money given to a copyright holder to compensate him or her for the harm caused by infringement.'''


''Whenever the copyright in a work is infringed, there is at least the theoretical possibility that the legal holder of the copyright has been harmed in some way.  If the rights-holder sues the infringer and wins, a court may award damages to the rights holder as way of compensating them for any damage that has been done. Damages can be monetary or otherwise, depending on which rights have been infringed or violated, and on what the interests of the rights-holder are.  A rights-holder may seek actual or statutory monetary damages,depending on which she thinks are more valuable, or easier to determine, or an injunction or court order of some sort when “moral” damages are at stake.''
Whenever the copyright in a work is infringed, there is at least the theoretical possibility that the legal holder of the copyright has been harmed in some way.  If the rights-holder sues the infringer and wins, a court may award damages to the rights holder as way of compensating them for any damage that has been done.   A rights-holder may seek actual or statutory monetary damages,depending on which she thinks are more valuable, or easier to determine, or an injunction compelling the defendant to cease the infringing activities.


==Actual Damages==
====Actual Damages====


'''Actual damages represent the true cost of the harm suffered as a result of the infringement.'''
'''Actual damages represent the true cost of the harm suffered as a result of the infringement.'''


''For example, if it were possible to determine exactly how many sales had been lost as a result of an act or acts of infringement, it would be possible to calculate actual damages.  One thousand sales lost, at a profit of ten euros a sale = ten thousand euros damages.  In practice, it can be very difficult to accurately calculate actual damages.  When this is true, statutory damage provisions will frequently be used instead.''
For example, if it were possible to determine exactly how many sales had been lost as a result of an act or acts of infringement, it would be possible to calculate actual damages.  One thousand sales lost, at a profit of ten euros a sale = ten thousand euros damages.  In practice, it can be very difficult to accurately calculate actual damages.  When this is true, statutory damage provisions will frequently be used instead.


==Statutory Damages==
====Statutory Damages====


'''Statutory damages are damages where the amount of money a rights-holder may collect as damages is set by statutes.'''   
'''Statutory damages are damages where the amount of money a rights-holder may collect as damages is set by statutes.'''   


''Many legal regimes contain provisions for statutory damages.  For example, in US law,  17 USCA 504(c) states that “Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just.”  For willful infringement, the amount can go up to $150,000!''
Many legal regimes contain provisions for statutory damages.  For example, in US law,  17 USCA 504(c) states that “Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just.”  For willful infringement, the amount can go up to $150,000!
 
==Moral Damages (recovery for)==
 
'''When a rights holder feels that it is not their wallet, but rather their reputation, or something equally difficult to quantify, that has been damaged, money may not be adequate compensation. The artist’s moral rights have been infringed.'''
 
''For example, if an artist’s work has been altered or used in a manner that he or she does not approve of,  the damage is not easily quantifiable.  It In such a circumstance,  it may make more sense for a court to issue an order commanding the owner of the work to reverse their changes, or display the work appropriately, or whatever is appropriate to the circumstances.''


See also  “moral rights”
''Other resources:''  
 
'''Other Resources'''  


* [http://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/Newsletters/Previous+Newsletters/A-D-Damages+for+moral+rights+infringements Australian law firm’s analysis of case where artist is awarded damages for moral rights]
* [http://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/Newsletters/Previous+Newsletters/A-D-Damages+for+moral+rights+infringements Australian law firm’s analysis of case where artist is awarded damages for moral rights]
* [http://www.vlaa.org/documents/VARA2.pdf PDF of "An Artist’s Guide to VARA"]
* [http://www.vlaa.org/assets/documents/VARA.pdf PDF of "An Artist’s Guide to VARA"]
* [http://en.wikipedia.org/wiki/Visual_Artists_Rights_Act Wikipedia article on VARA]
* [http://en.wikipedia.org/wiki/Visual_Artists_Rights_Act Wikipedia article on VARA]
* [http://www.artslaw.org/VARA.HTM IP lawyer discusses VARA]
* [http://www.artslaw.org/vara.htm IP lawyer discusses VARA]
* [http://www.law.uconn.edu/homes/swilf/ip/statutes/vara.htm Text of VARA]
* [http://www.law.uconn.edu/homes/swilf/ip/statutes/vara.htm Text of VARA]
* [http://www.truefresco.org/2008/04/renowned-muralist-kent-twitche.html Article discussing an artist’s lawsuit over desecration]
* [http://www.truefresco.org/2008/04/renowned-muralist-kent-twitche.html Article discussing an artist’s lawsuit over desecration]
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==Database==
==Database==
'''A data base is a collection of data on a particular topic or topic, usually searchable, aggregated into one place.'''   
'''A database is a collection of data on a particular topic or topics, usually searchable, aggregated into one place.'''   


''Databases have an unusual relationship with copyright.  The creator of a database can hold copyright in the database, but only in certain aspects of it,  because the contents of a database are either facts, in which case they aren’t copyrightable at all, or they are non-factual, but therefore already under copyright, and controlled by different rights-holders. However, a lot of work can go into creatin g a database, and some jurisdictions recognize and protect that labor.''
Databases have an unusual relationship with copyright.  The creator of a database can hold copyright in the database, but only in certain aspects of it,  because the contents of a database are either facts, in which case they aren’t copyrightable at all, or they are non-factual, but therefore already under copyright, and controlled by different rights-holders. However, a lot of work can go into creating a database, and some jurisdictions recognize and protect that labor.


''For example, in the U.S., the copyright in databases is colloquially known as “thin” ( as opposed to "thick") and is only in the selection and arrangement of the materials.  On the other hand, in the European union, databases receive 15 years of protection to protect the investment of time, money and resources on the part of the database creator.''
For example, in the U.S., the copyright in databases is colloquially known as “thin” ( as opposed to "thick") and is only in the selection and arrangement of the materials.  On the other hand, in the European union, databases receive 15 years of protection to protect the investment of time, money and resources on the part of the database creator.


See also “compilations”
''See also:''


'''Other Resources'''
*[[Glossary#Compilation|Compilation]]
 
''Other resources:''
* [http://books.google.com/books?id=6bFgLrNke40C&pg=PA110&lpg=PA110&dq=assignment+of+copyright+EU&source=bl&ots=TfawTWnsyT&sig=So4Tf4U_ArceAf1AtsstC4y8Vmc&hl=en&ei=K0lySsLGK47oMZCiobEM&sa=X&oi=book_result&ct=result&resnum=5#v=onepage&q=&f=false Google Books Entry Legal Protection of Data-bases by Mark J. Davison]
* [http://books.google.com/books?id=6bFgLrNke40C&pg=PA110&lpg=PA110&dq=assignment+of+copyright+EU&source=bl&ots=TfawTWnsyT&sig=So4Tf4U_ArceAf1AtsstC4y8Vmc&hl=en&ei=K0lySsLGK47oMZCiobEM&sa=X&oi=book_result&ct=result&resnum=5#v=onepage&q=&f=false Google Books Entry Legal Protection of Databases by Mark J. Davison]
* [http://ec.europa.eu/internal_market/copyright/prot-databases/prot-databases_en.htm EU’s webpage on database and their protection]
* [http://ec.europa.eu/internal_market/copyright/prot-databases/prot-databases_en.htm EU’s webpage on database and their protection]
* [http://www.unc.edu/courses/2006spring/law/357c/001/projects/dougf/node5.html American law professor Lolly Gasaway’s paper on databases]
* [http://www.unc.edu/courses/2006spring/law/357c/001/projects/dougf/node5.html American law professor Lolly Gasaway’s paper on databases]
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* [http://www.codata.org/codata/codata02/03invited/Tabuchi/Tabuchi_CODATA_ejournal.pdf PDF of WIPO report on effects of international legal protection for databases]
* [http://www.codata.org/codata/codata02/03invited/Tabuchi/Tabuchi_CODATA_ejournal.pdf PDF of WIPO report on effects of international legal protection for databases]


==Data-mining==
==Datamining==
'''The practice of sifting through large quantities of data, often in a database, to identify and make use of the patterns and details that emerge'''
'''The practice of sifting through large quantities of data, often in a database, to identify and make use of the patterns and details that emerge.'''
 
For example, consumer goods corporations mine the data generated by frequent shopper cards in order to better target advertisements.  The company Google mines the data generated by the searches it performs to more accurately perform subsequent searches and to effectively target the advertisements that are alongside.  Scientists mine the data generated by large-scale surveys of natural phenomena, whether astronomical observations or genetic codes.


''For example, consumer goods corporations mine the data generated by frequent shopper cards inorder to better target advertisements.  The company Google mines the data generated by the searches it performs to more accurately perform subsequent searches and to effectively target the advertisements that are alongside.  Scientists mine the data generated by large-scale surveys of natural phenomena, whether astronomical observations or genetic codes.''
Depending on the sort of data being mined, privacy issues can become a very real and important concern.


''Depending on the sort of data being mined, privacy issues can become a very real and important concern.''
''Other resources:''


'''Other Resources'''
* [http://en.wikipedia.org/wiki/Data_mining Wikipedia article on data mining]
* [http://en.wikipedia.org/wiki/Data_mining Wikipedia article on data mining]
* [http://en.wikipedia.org/wiki/Cross_Industry_Standard_Process_for_Data_Mining Wikipedia article on data mining standards]
* [http://en.wikipedia.org/wiki/Cross_Industry_Standard_Process_for_Data_Mining Wikipedia article on data mining standards]
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'''A derivative work is one that adapts or modifies an existing work, drawing on that work for its substance and general material.'''
'''A derivative work is one that adapts or modifies an existing work, drawing on that work for its substance and general material.'''


''A film based on a novel is a derivative work of that novel.  An action figure based on a character from an original film is a derivative work of the film.''
A film based on a novel is a derivative work of that novel.  An action figure based on a character from an original film is a derivative work of the film.
''A derivative work may or may not be copyrightable on its own, depending on how much original material it contains, and whether permissions were granted for the copied material.  The U.S. copyright office says “To be copyrightable, a derivative work must be different enough from the original to be regarded as a new work or must contain a substantial amount of new material.”''
A derivative work may or may not be copyrightable on its own, depending on how much original material it contains, and whether permissions were granted for the copied material.  The U.S. copyright office says “To be copyrightable, a derivative work must be different enough from the original to be regarded as a new work or must contain a substantial amount of new material.”
 
For example, Alfred Bester’s novel'' The Stars My Destination ''is inspired by and modeled after Dumas’'' The Count of Monte Cristo.  ''It is arguably a derivative work of that older novel.  However, Bester's book clearly has sufficient original material to qualify for copyright protection on its own, and further, is original enough that it would not infringe copyright in Dumas’ book, were that book still protected by copyright.  On the other hand, an independent screenwriter's new screenplay featuring the "Rocky" character made famous by Sylvester Stallone was found to be clearly a derivative work, in which no copyright could be had.


''For example, Alfred Bester’s novel'' The Stars My Destination ''is inspired by and modeled after Dumas’'' The Count of Monte Cristo. ''It is arguably a derivative work of that older novel.  However, Bester's book clearly has sufficient original material to qualify for copyright protection on its own, and further, is original enough that it would not infringe copyright in Dumas’ book, were that book still protected by copyright.  On the other hand, an independent screenwriter's new screenplay featuring the "Rocky" character made famous by Sylvester Stallone was found to be clearly a derivative work, in which no copyright could be had.
''See also: ''


See also:  “fair use”, “right of adaptation”, "idea/expression dichotomy"
* [[Glossary#.E2.80.9CFair_Use.E2.80.9D|Fair Use]]
* [[Glossary#Right_of_Adaptation|Right of Adaptation]]
* [[Glossary#Idea_.2F_Expression_Dichotomy|Idea / Expression Dichotomy]]


'''Other Resources'''
''Other resources:''


* [http://www.chillingeffects.org/derivative/ Chilling Effects webpage on derivative works]
* [http://www.chillingeffects.org/derivative/ Chilling Effects webpage on derivative works]
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==DMCA==
==DMCA==


'''The DMCA is the short name for the Digital Millennium Copyright Act'''
'''The DMCA is the short name for the Digital Millennium Copyright Act.'''
 
The DMCA is copyright legislation that was passed in the United States in 1998. Its intended purposes were to bring U.S.copyright law more into harmony with international norms and to address many of the new concerns that digital technology and file-sharing raised.  The DMCA contains the now-notorious anti-circumvention provisions, which made it illegal, even for a legitimate user, to avoid, break or disable any technological measures protecting content.  It also created what are known as “safe harbors”, descriptions of behavior where Internet service providers could be certain they would not be legally liable for the actions of their users.


''The DMCA is copyright legislation that was passed in the United States in 1998. Its intended purposes were to bring U.S.copyright law more into harmony with international norms and to address many of the new concerns that digital technology and file-sharing raised.  The DMCA contains the now-notorious anti-circumvention provisions, which made it illegal, even for a legitimate user, to avoid, break or disable any technological measures protecting content.  It also created what are known as “safe harbors”, descriptions of behavior where Internet service providers could be certain they would not be legally liable for the actions of their users.''
''See also:''


See also “DRM”, “circumvention”, “WIPO”, “cease-and desist”, “encryption”, “TPM”
* [[Glossary#.E2.80.9CCease-and-desist.E2.80.9D_letter|"Cease and Desist" Letter]]
* [[Glossary#Circumvention|Circumvention]]
* [[Glossary#DRM|DRM]]
* [[Glossary#TPM_.E2.80.93_Technological_Protection_Measures|TPM]]
* [[Glossary#WIPO|WIPO]]


'''Other Resources'''
''Other resources:''


* [http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281: Text of the DMCA]
* [http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281: Text of the DMCA]
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* [http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act Wikipedia Article on DMCA]  
* [http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act Wikipedia Article on DMCA]  
* [http://news.cnet.com/2010-1071-825335.html News editorial on DMCA]
* [http://news.cnet.com/2010-1071-825335.html News editorial on DMCA]
* [http://secondlife.com/corporate/dmca.php Second Life webpage on DMCA take-down notices]
* [http://secondlife.com/corporate/dmca.php Second Life white paper on DMCA take-down notices]


==DRM==  
==DRM==  
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'''DRM, or  “Digital Rights Management” is a catch-all term for any technological measures, usually but not always software-based, that are put in place to protect copyrighted content.'''  
'''DRM, or  “Digital Rights Management” is a catch-all term for any technological measures, usually but not always software-based, that are put in place to protect copyrighted content.'''  


''DRM usually works by restricting access to the content in some way.  DRM applies to all would-be users of the content, event hose who have purchased it, or the right to access it, legally.  Most DRM techniques are also easily circumvented by a technically adept and/or determined user.  Therefore, DRM has the net effect of inconveniencing legitimate users, sometimes seriously, and being a minor inconvenience at best for professional criminal users.  Additionally, certain forms of DRM can raise serious privacy concerns, as well as call into question the very idea of “ownership” of digital information.''
DRM usually works by restricting access to the content in some way.  DRM applies to all would-be users of the content, event those who have purchased it, or the right to access it, legally.  Most DRM techniques are also easily circumvented by a technically adept and/or determined user.  Therefore, DRM has the net effect of inconveniencing legitimate users, sometimes seriously, and being a minor inconvenience at best for professional criminal users.  Additionally, certain forms of DRM can raise serious privacy concerns, as well as call into question the very idea of “ownership” of digital information.
    
    
''For these reasons, DRM has been heavily criticized, and there may be a trend in the content industry away from its use.  For example, after many complaints from users, iTunes and Amazon now offer DRM-free music downloads, and most of the major record labels have given up on DRM for digital music. However, the Recording Industry Of America, and the Motion Picture Industry of America have both said that they see DRM being part of their business models for the foreseeable future.''
For these reasons, DRM has been heavily criticized, and there may be a trend in the content industry away from its use.  For example, after many complaints from users, iTunes and Amazon now offer DRM-free music downloads, and most of the major record labels have given up on DRM for digital music. However, the Recording Industry Of America, and the Motion Picture Industry of America have both said that they see DRM being part of their business models for the foreseeable future.


'''Other Resources'''
''Other resources:''


* [http://en.wikipedia.org/wiki/Digital_rights_management Wikipedia article on DRM]
* [http://en.wikipedia.org/wiki/Digital_rights_management Wikipedia article on DRM]
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'''Due diligence refers to the level of effort someone must make in order to have fulfilled their legal duties in a particular situation.'''  
'''Due diligence refers to the level of effort someone must make in order to have fulfilled their legal duties in a particular situation.'''  


''It is the standard of care that person must exercise.  In the copyright context, the term is most often encountered with respect to the necessary efforts a would-be user of content must make to locate the holder of the rights in a particular piece of content.  This has become an important concept recently with respect to so-called ”orphan works”  and the Google Book Search project.''
It is the standard of care that person must exercise.  In the copyright context, the term is most often encountered with respect to the necessary efforts a would-be user of content must make to locate the holder of the rights in a particular piece of content.  This has become an important concept recently with respect to so-called ”orphan works”  and the Google Book Search project.


'''Other Resources'''
''Other resources:''


* [http://en.wikipedia.org/wiki/Due_diligence Wikipedia article on due diligence]
* [http://en.wikipedia.org/wiki/Due_diligence Wikipedia article on due diligence]
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==Economic Rights==  
==Economic Rights==  


'''The rights associated with copyright that allow the rights holder to exercise control over the work for economic benefit.'''
'''The rights associated with copyright that allow the rights holder to exercise control over use of the work for economic benefit.'''
    
    
''Economic rights include, among others, the right to make and sell copies, to perform the work publicly, and to prepare derivative works.''
Economic rights include, among others, the right to make and sell copies, to perform the work publicly, and to prepare derivative works.
 
See also "Rights", “Moral Rights”


==eIFL==
==eIFL==


'''“eIFL.net is a not for profit organisation that supports and advocates for the wide availability of electronic resources by library users in transitional and developing countries.''' -- eIFL website
'''A nonprofit organization that advocates for access to library resources across the world.'''
 
''"eIFL’s  core activities are negotiating affordable subscriptions on a multi-country consortial basis, supporting national library consortia and maintaining a global knowledge sharing and capacity building network in related areas, such as open access publishing, intellectual property rights, open source software for libraries and the creation of institutional repositories of local content.


''Vision and mission of eIFL.net''
According to [http://www.eifl.net eIFL's website:]


''The eIFL.net vision is to provide leadership and be a strong international advocate for expanded availability of electronic resources and to enhance the skills base of eIFL.net library consortia, so that they are at the leading edge of developments. eIFL.net’s mission is to: (1) assist in the building of strong national consortia; (2) be the premier multi-country negotiator for securing affordable commercial electronic information services; (3) provide strong advocacy and support for the development and accessibility of local digital resources; (4) provide an effective central advisory and capacity building program in open access publishing, copyright and free and open source software for libraries (5) leverage multi-national expertise and resources to fulfill this mission; (6) provide top quality educational and consulting services; (7) be an advocate for the adoption and advancement of effective information distribution models; and (8) develop model partnerships with global funding agencies, foundations, consortial groups, and content providers.'' -- eIFL website
''“eIFL.net is a not for profit organisation that supports and advocates for the wide availability of electronic resources by library users in transitional and developing countries.''


''"eIFL’s  core activities are negotiating affordable subscriptions on a multi-country consortial basis, supporting national library consortia and maintaining a global knowledge sharing and capacity building network in related areas, such as open access publishing, intellectual property rights, open source software for libraries and the creation of institutional repositories of local content.


'''Other Resources'''
''The eIFL.net vision is to provide leadership and be a strong international advocate for expanded availability of electronic resources and to enhance the skills base of eIFL.net library consortia, so that they are at the leading edge of developments. eIFL.net’s mission is to: (1) assist in the building of strong national consortia; (2) be the premier multi-country negotiator for securing affordable commercial electronic information services; (3) provide strong advocacy and support for the development and accessibility of local digital resources; (4) provide an effective central advisory and capacity building program in open access publishing, copyright and free and open source software for libraries (5) leverage multi-national expertise and resources to fulfill this mission; (6) provide top quality educational and consulting services; (7) be an advocate for the adoption and advancement of effective information distribution models; and (8) develop model partnerships with global funding agencies, foundations, consortial groups, and content providers.''
 
* [http://www.eifl.net eIFL website]
 
==EULA – End User License Agreement==
 
'''A licensing agreement to which an end-user ( consumer) must agree before being permitted to legally access and use content.''


''EULAs are most commonly found associated with software.''


See also, “click-wrap”, “browse-wrap”  “Shrink-wrap”  and “contracts of adhesion”


==Exceptions and Limitations==
==Exceptions and Limitations==
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'''The exceptions and limitations to the otherwise exclusive rights of a copyright holder.'''
'''The exceptions and limitations to the otherwise exclusive rights of a copyright holder.'''
''While copyright is usually conceptualized as the granting of a monopoly for a limited period of time, there are nearly always exceptions and limitations to the otherwise exclusive rights of a copyright holder.  These can be statutory or customary, and represent uses for which a user need not get permission, or for which fees are preset, or something else that places limits on the monopoly of the copyright holder.  These exceptions and limitations are often driven by public policy concerns.''
While copyright is usually conceptualized as the granting of a monopoly for a limited period of time, there are nearly always exceptions and limitations to the otherwise exclusive rights of a copyright holder.  These can be statutory or customary and represent uses for which a user need not get permission, or for which fees are preset, or something else that places limits on the monopoly of the copyright holder.  These exceptions and limitations are often driven by public policy concerns.
 
''“Fair Use”  in U.S. law, or “fair dealing” in other parts of the world,  are classic examples of a limitation on the copyright holder’s monopoly.  Any form of compulsory licensing would be another.  Some exceptions are for particular classes of user, such as the exceptions pertaining to making copies for the disabled.''


'''Other Resources'''
“Fair use”  in U.S. law and “fair dealing” in some other parts of the world, are classic examples of doctrines that place a limitation on the copyright holder’s monopoly.  Any form of compulsory licensing would be another.  Some exceptions are directed at particular classes of user, such as the exceptions pertaining to making copies for the disabled.


* [http://en.wikipedia.org/wiki/Limitations_and_exceptions_to_copyright Wikipedia article on limitations and exceptions]
====Rule-based====
* [http://www.copyright.gov/1201/ US Copyright Office’s Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works]
* [http://www.resourceshelf.com/2009/05/27/statement-of-principles-on-copyright-exceptions-and-limitations-for-libraries-and-archives/ International Federation of Library Associations Statement of Principles on exceptions and limitations]
* [http://wiki.ocwconsortium.org/index.php?title=Copyright_Exceptions_and_Limitations Open Courseware Consortium’s wiki on exceptions and limitations]
* [http://www.ifrro.org/upload/documents/WIPO%20SCCR%20Joint%20Position%20_1029%202008_%20EN.pdf PDF of IFRRO's joint position on exceptions and limitations – statement to WIPO]


====Rule based====
Rule-based exceptions are those whose qualities are described in specific detail, so that a particular use either does or does not qualify as an exception.


Rule based exceptions are those whose qualities are described in specific detail, so that a particular use clearly either does or does not qualify as an exception.
The Chafee Amendment in U.S. Copyright law that exempts the making of copies for the disabled is an example of a rule-based exception.


''The Chaffee Amendment in US Copyright law that exempts the making of copies for the disabled is a rule-based exception.''
====Guideline-based====
====Guideline-based====


A guideline based exception or limitation is one that sets forth interpretive guidelines, rather than hard and fast bright-line rules.
A guideline-based exception or limitation is one that sets forth one or more factors to consider when determining whether a particular use is fair, rather than hard and fast bright-line rules.


''Any particular use must be evaluated on an individual basis to determine if it qualifies for the exception.   “Fair use”, in U.S. law, with its four non-exhaustive factors, and partial list of suggested fair uses, is a guideline based exception.''
Any particular use must be evaluated on an individual basis to determine if it qualifies for the exception. For example, the “fair use” doctrine in U.S. law, which lists four non-exhaustive factors and partial list of suggested fair uses, is a guideline-based exception.
====Library exceptions====
====Library exceptions====


Libraries are a special sub-class of users of copyrighted material because of the public nature of their mission and the strong public policy arguments in their favor.  As such, they enjoy a unique set of exceptions and limits on copyright law. While the copyright law concerning libraries of course varies from country to country, there are some near universal general exceptions for libraries.
Libraries are often treated as a special sub-class of users of copyrighted material because of the public nature of their mission and the strong public policy arguments in their favor.  As such, they enjoy a unique set of exceptions and limits on copyright law in many countries. While the copyright law concerning libraries varies from country to country, there are some near-universal general exceptions for libraries.
=====Preservation=====
====Preservation====


Libraries are frequently permitted to make copies of works in order to preserve them, or for archival purposes without violating the copyright in those works.
Libraries are frequently permitted to make copies of works in order to preserve them, or for archival purposes, without violating the copyright in those works.


''This is in line with the traditional role of libraries as repositories of knowledge.''
This is in line with the traditional role of libraries as repositories of knowledge.


=====Loaning=====
====Loaning====


Under certain circumstances, libraries are permitted to make copies of copyrighted works for the purpose of loaning them to patrons or to other libraries without violating the copyright in those works.
Under certain circumstances, libraries are permitted to make copies of copyrighted works for the purpose of loaning them to patrons or to other libraries without violating the copyright in those works.


=====Research=====
====Research====


Libraries are often permitted to make copies of copyrighted works for research purposes (whether their own or that of their patrons) without violating the copyright in those works.
Libraries are often permitted to make copies of copyrighted works for research purposes (whether their own or that of their patrons) without violating the copyright in those works.


'''Other Resources'''  
''Other resources:''  
(on library exceptions in general)


* [http://en.wikipedia.org/wiki/Limitations_and_exceptions_to_copyright Wikipedia article on limitations and exceptions]
* [http://www.copyright.gov/1201/ US Copyright Office’s Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works]
* [http://www.resourceshelf.com/2009/05/27/statement-of-principles-on-copyright-exceptions-and-limitations-for-libraries-and-archives/ International Federation of Library Associations Statement of Principles on exceptions and limitations]
* [http://wiki.ocwconsortium.org/index.php?title=Copyright_Exceptions_and_Limitations Open Courseware Consortium’s wiki on exceptions and limitations]
* [http://www.ifrro.org/upload/documents/WIPO%20SCCR%20Joint%20Position%20_1029%202008_%20EN.pdf PDF of IFRRO's joint position on exceptions and limitations – statement to WIPO]
* [http://www.ifla.org/en/publications/statement-of-principles-on-copyright-exceptions-and-limitations-for-libraries-and-archi IFLA Statement of Principles on Copyright Exceptions and Limitations for Libraries and Archives]
* [http://www.ifla.org/en/publications/statement-of-principles-on-copyright-exceptions-and-limitations-for-libraries-and-archi IFLA Statement of Principles on Copyright Exceptions and Limitations for Libraries and Archives]
* [http://lawprofessors.typepad.com/law_librarian_blog/2009/05/drm-and-copyright-exceptions-for-libraries-empirical-assessment-of-article-64-of-the-information-soc.html Law professors’ blog analysis “DRM and Copyright Exceptions for Libraries: Empirical Assessment of Article 6(4) of the Information Society Directive”]
* [http://lawprofessors.typepad.com/law_librarian_blog/2009/05/drm-and-copyright-exceptions-for-libraries-empirical-assessment-of-article-64-of-the-information-soc.html Law professors’ blog analysis “DRM and Copyright Exceptions for Libraries: Empirical Assessment of Article 6(4) of the Information Society Directive”]
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==“Fair Use”==
==“Fair Use”==
'''A tenet of US copyright law that describes circumstances when users can sometimes make copies of protected works without first getting permission or paying the rights holder.'''
'''A tenet of U.S. copyright law that describes the circumstances under which one can sometimes make use of protected works without first getting permission or paying the rights holder.'''


''Fair use is a tenet of United States copyright law, found in 17 USCA 107.  It is often referred to as a “safety valve” and one of the two aspects of U.S. copyright law that help to prevent copyright’s monopoly for interfering with freedom of speech, another important U.S. right.  (the other is the idea/expression dichotomy).''
Fair use is a tenet of U.S. copyright law, found in 17 U.S.C. section 107.  It is often referred to as a “safety valve” for free speech and is one of the two aspects of U.S. copyright law that help to prevent copyright’s monopoly from interfering with freedom of speech, another important U.S. right enshrined in the U.S. Constitution.  (The other aspect of U.S. copyright law that seeks to balance the copyright monopoly against the public's interest in free speech is the idea/expression dichotomy.)


''Fair use is a set of guidelines, rather than a rule, and is evaluated on a case-by-case basis according to four factors, although according to the law, these are not the only relevant factors.  These are:
Fair use is a set of guidelines, rather than a rule, and is evaluated on a case-by-case basis according to four non-exclusive factors.  These are:


The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;


The nature of the copyrighted work;
The nature of the copyrighted work;
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The effect of the use upon the potential market for, or value of, the copyrighted work .
The effect of the use upon the potential market for, or value of, the copyrighted work .


''Because of its status as a "safety valve", fair use is often called upon or relied on by content users attempting to assert their rights under copyright law.  However, because fair use is not clearly defined, and can be hard to interpret, and because a copyright lawsuit can be extremely expensive, many users are scared or reluctant to rely on fair use when they use copyrighted works.  This has led to the scope of fair use narrowing in recent years, so that fewer and fewer uses are deemed “fair”.  This, in turn, has led to an effort by some groups to “reclaim fair use” for the public, and prevent what author Lewis Hyde has called “the third enclosure”, that of the mind.''
Because of its status as a "safety valve" for speech, fair use is often called upon or relied on by content users attempting to assert their rights under copyright law.  However, because fair use is not clearly defined and can be hard to interpret, and because a copyright lawsuit can be extremely expensive, many users are scared or reluctant to rely on fair use when they use copyrighted works.  This, in turn, has led to an effort by some groups to “reclaim fair use” for the public, and prevent what author Lewis Hyde has called “the third enclosure” of the common, that of the mind.


See also “fair dealing”, “exceptions and limitations”
''Other resources:''
 
'''Other Resources'''
* [http://www.copyright.gov/fls/fl102.html US Copyright Office page on fair use]
* [http://www.copyright.gov/fls/fl102.html US Copyright Office page on fair use]
* [http://www.law.cornell.edu/uscode/17/107.shtml Text of US law on fair use]
* [http://www.law.cornell.edu/uscode/17/107.shtml Text of US law on fair use]
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* [http://www.centerforsocialmedia.org/resources/fair_use/ Center for Social Media’s fair use section]
* [http://www.centerforsocialmedia.org/resources/fair_use/ Center for Social Media’s fair use section]
* [http://w2.eff.org/IP/eff_fair_use_faq.php EFF page on fair use]
* [http://w2.eff.org/IP/eff_fair_use_faq.php EFF page on fair use]
* [http://cyber.law.harvard.edu/research/freedomtoteach Berkman Webpage for “Freedom To Teach” re: fair use in teaching]
* [http://cyber.law.harvard.edu/research/freedomtoteach Berkman Webpage for “Freedom To Teach” about fair use in teaching]
* [http://www.nytimes.com/2008/11/16/magazine/16hyde-t.html?partner=permalink&exprod=permalink NY Times article on Freedom to Teach founder Lewis Hyde]
* [http://www.nytimes.com/2008/11/16/magazine/16hyde-t.html?partner=permalink&exprod=permalink NY Times article on Freedom to Teach founder Lewis Hyde]
* [http://en.wikipedia.org/wiki/Fair_use ikipedia article on fair use]
* [http://en.wikipedia.org/wiki/Fair_use Wikipedia article on fair use]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=875384 Academic paper on fair use"Google Book Search: Fair Use, Fair Dealing and the Case for Intermediary Copying"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=875384 Academic paper on fair use "Google Book Search: Fair Use, Fair Dealing and the Case for Intermediary Copying"]


==“Fair Dealing”==
==“Fair Dealing”==


'''A term describing circumstances when a user can use copyrighted works without payments or permission.'''   
'''The term used in the United Kingdom and other Commonwealth nations to describe the circumstances under which one can use copyrighted works without payments or permission.'''   
 
'''Somewhat similar to “fair use”, “Fair dealing” is found in common law jurisdictions other than the United States of America, such as Canada, Australia, New Zealand and others.  Unlike fair use, which is a set of guidelines, fair dealing has specific categories of use.  If  a  particular use falls into one of them it is fair, otherwise, it is not.  It is therefore not as flexible a concept or tool as the U.S.’s “fair use”.''


See also  “fair use”, “exceptions and limitations”
Somewhat similar to the concept of “fair use” in the United States, “fair dealing” is found in many common law jurisdictions, such as Canada, Australia, New Zealand and others.  Unlike fair use, which is a set of guidelines, fair dealing in most countries is limited specific categories of use.  If a particular use falls into one of these categories, a court will ascertain whether, on balance, it should be considered "fair."  It is usually considered somewhat more predictable but also somewhat less flexible than the concept of “fair use” employed in the United States.


'''Other Resources'''
''Other resources:''


*[http://www.copyright.org.au/pdf/acc/infosheets_pdf/g079.pdf Australian Copyright Council document on  fair dealing]
*[http://www.copyright.org.au/pdf/acc/infosheets_pdf/g079.pdf Australian Copyright Council document on  fair dealing]
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==First Sale doctrine==
==First Sale doctrine==


'''The idea that once the first legitimate sale of a copyrighted work has taken place, the copyright holder has no claim or control over further sales or most uses of a particular copy.'''
'''The idea that once the first legitimate sale of a physical embodyment of a copyrighted work has taken place, the copyright holder has no claim to control further sales or many uses of the particular copy.'''


''The first sale doctrine is a concept found in U.S. copyright law, and in some form in some other jurisdictions, where it may be known as”exhaustion of rights”.  For example, if a person buys a book ( a physical paper copy), that person can resell the book without the permission of the rights-holder.''
The first sale doctrine is a concept found in U.S. copyright law, and in some form in some other jurisdictions where it may be known as ”exhaustion of rights. For example, if a person buys a book (a physical paper copy), that person can resell the book without the permission of the rights-holder.
    
    
''The first sale doctrine has become more important with the advent of non-rivalrous digital goods, goods that can be copied and shared without transfers of possession.  The question of what it means to “own” something is now more difficult to answer.  Many software companies and other purveyors of digital goods have attempted to handle this by saying that users are actually purchasing a license to use, rather than buying an actual “thing”.  This distinction is often lost on users, though, who are frequently baffled and frustrated when they cannot do things they assumed they could with something that, in their minds, they own.''
The first sale doctrine has become more important with the advent of non-rivalrous digital goods, goods that can be copied and shared without transfers of possession.  The question of what it means to “own” something is now more difficult to answer.  Many software companies and other purveyors of digital goods have attempted to handle this by saying that users are actually purchasing a license to use, rather than buying an actual “thing. This distinction is often lost on users, though, who are frequently baffled and frustrated when they cannot do things they assumed they could with something that, in their minds, they own.
 


'''Other Resources'''
''Other resources:''


* [http://en.wikipedia.org/wiki/First-sale_doctrine Wikipedia article on first sale]
* [http://en.wikipedia.org/wiki/First-sale_doctrine Wikipedia article on first sale]
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* [http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Exhaustion%20of%20rights%20article.htm Canadian discussion of exhaustion of rights]
* [http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Exhaustion%20of%20rights%20article.htm Canadian discussion of exhaustion of rights]
* [http://williampatry.blogspot.com/2005/05/is-there-hole-in-first-sale-doctrine.html William Patry blog entry on first sale and possible exceptions]
* [http://williampatry.blogspot.com/2005/05/is-there-hole-in-first-sale-doctrine.html William Patry blog entry on first sale and possible exceptions]
* [http://www.ipwatchdog.com/copyright/the-first-sale-doctrine-of-copyright-law/ IP website discusses first sale]
* [http://www.bc.edu/bc_org/avp/law/st_org/iptf/headlines/content/1998040801.html US law journal article discussing US Supreme Court decision on first sale]
* [http://www.bc.edu/bc_org/avp/law/st_org/iptf/headlines/content/1998040801.html US law journal article discussing US Supreme Court decision on first sale]
* [http://cyber.law.harvard.edu/media/uploads/81/iTunesWhitePaper0604.pdf PDF of Berkman Center paper on first sale and iTunes]  
* [http://cyber.law.harvard.edu/media/uploads/81/iTunesWhitePaper0604.pdf PDF of Berkman Center paper on first sale and iTunes]  
* [http://www2.warwick.ac.uk/fac/soc/law/elj/eslj/issues/volume2/number2/papadopoulos.pdf Article on first sale doctrine in international IP law]
* [http://www2.warwick.ac.uk/fac/soc/law/elj/eslj/issues/volume2/number2/papadopoulos.pdf Article on first sale doctrine in international intellectual property law]
* [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML EU directive referencing first sale]
* [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML EU directive referencing first sale]
* [http://books.google.com/books?id=LvRRvXBIi8MC&pg=PA50&lpg=PA50&dq=first+sale+doctrine+WIPO&source=bl&ots=V9cyaBflUR&sig=Z8H_gM2A8BAZEmLSDRC9g6BMZQc&hl=en&ei=gxt3SojMKIKntgfr4M2WCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=&f=false Google Book:  WIPO guide on the licensing of copyright and related rights]
* [http://books.google.com/books?id=LvRRvXBIi8MC&pg=PA50&lpg=PA50&dq=first+sale+doctrine+WIPO&source=bl&ots=V9cyaBflUR&sig=Z8H_gM2A8BAZEmLSDRC9g6BMZQc&hl=en&ei=gxt3SojMKIKntgfr4M2WCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=&f=false Google Book:  WIPO guide on the licensing of copyright and related rights]
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==Fixation==
==Fixation==


'''The idea that a creative work cannot qualify for protection until it is “fixed” in some tangible form.'''
'''Reduction of a work of authorship into some tangible form, which is required for copyright protection in many countries.'''


''Fixation is one of the fundamental tenets of U.S copyright law, and plays an important role in that of other countries as well.  Such fixation might include writing something down, recording it, placing it on film, or making it.  For legal systems with a fixation requirement, it is the fixing that changes an idea into a copyrightable work.''
Fixation is one of the fundamental tenets of U.S copyright law.  Such fixation might include writing something down, recording it, placing it on film, or making it.  For legal systems with a fixation requirement, it is the fixing that changes an idea into a copyrightable work.
    
    
''The fixation requirement can lead to some interesting results for creative art form that do not normally record or otherwise fix their expression, such as dance choreography, stand-up comedy, recipes, or the performance of live music.  U.S. law has a specific statutory exception mandating that performers of live music still hold rights in it even if they are not recording it, and that others cannot record the performance without their permission.''
The fixation requirement can lead to some interesting results for creative art form that do not normally record or otherwise fix their expression, such as choreography, stand-up comedy, recipes, or the performance of live music.  U.S. law has a specific statutory provision mandating that performers of live music still hold rights in it even if they are not recording it, and that others cannot record the performance without their permission.


''Perhaps surprisingly, some jurisdictions do not have a fixation requirement, choosing instead to vest copyright in a work using other criteria.  For example, Swiss law requires only that a work have “individual character”.  Other countries with no fixation requirement include Sweden, Japan, Spain and France, among others. The Berne Convention does not require fixation, although a country may do so in its internal copyright laws without violating the Convention.''
Most jurisdictions do not have a fixation requirement, choosing instead to vest copyright in a work using other criteria.  For example, Swiss law requires only that a work have “individual character”.   


'''Other Resources'''
''Other resources:''


* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1010937 US law review article "To Fix, or Not to Fix: Copyright's Fixation Requirement and the Rights of Theatrical Collaborators"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1010937 US law review article "To Fix, or Not to Fix: Copyright's Fixation Requirement and the Rights of Theatrical Collaborators"]
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==Free trade agreement==
==Free trade agreement==
'''A free-trade agreement is a treaty between two or more countries that establishes trade guidelines so that trade between participating countries is theoretically unrestricted by tariffs.'''   
'''A free-trade agreement (or FTA) is a treaty between two or more countries that establishes trade guidelines so that trade between participating countries is theoretically unrestricted by tariffs.'''   


''Often, such agreements include copyright-related clauses.''
Often, such agreements include copyright-related clauses.


'''Other Resources'''
''Other resources:''


* [http://www.trade.gov/fta/index.asp Webpage with list of resources on FTAs]
* [http://www.trade.gov/fta/index.asp Webpage with list of resources on FTAs]
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'''The GNU-GPL license is an open source software license.'''  
'''The GNU-GPL license is an open source software license.'''  


''One of the most well known symbols of the free software movement, which is sometimes called FOSS, for “Free open source software”. GNU is an open source operating system, upwardly compatible with Unix.''
One of the most well known symbols of the free software movement, which is sometimes called FOSS, for “Free open source software”. GNU is an open source operating system, upwardly compatible with Unix.
   
   
''Richard Stallman started working on GNU at MIT in 1984, and founded the Free Software Foundation in 1985 to help his efforts.  When GNU was incorporated with the Linux kernel,  the combination became the GNU/Linux system, now found in various different software distributions.''
Richard Stallman started working on GNU at MIT in 1984, and founded the Free Software Foundation in 1985 to help his efforts.  When GNU was incorporated with the Linux kernel,  the combination became the GNU/Linux system, now found in various different software distributions.
   
   
''GPL stands for “General Public License”.  GPL licenses must contain what are referred to as the ”four freedoms”, which are:''
GPL stands for “General Public License”.  GPL licenses must contain what are referred to as the ”four freedoms”, which are:


* The freedom to run the program, for any purpose (freedom 0).
* The freedom to run the program, for any purpose (freedom 0).
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* The freedom to improve the program, and release your improvements (and modified versions in general) to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.  
* The freedom to improve the program, and release your improvements (and modified versions in general) to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.  


''A program is free software if users have all of these freedoms.''
A program is free software if users have all of these freedoms.
 
 


'''Other Resources'''
''Other resources:''


* [http://www.gnu.org/copyleft/gpl.html GNU’s webpage on GPL licenses]
* [http://www.gnu.org/copyleft/gpl.html GNU’s webpage on GPL licenses]
Line 882: Line 824:
* [http://www.opensource.org/licenses/gpl-license.php Opensource’s page on GPL]
* [http://www.opensource.org/licenses/gpl-license.php Opensource’s page on GPL]
* [http://www.linux.org/info/gnu.html Linux.org’s page on GNU]
* [http://www.linux.org/info/gnu.html Linux.org’s page on GNU]
* [http://en.wikipedia.org/wiki/GNU_General_Public_License Wikipedia article eon GNU/GPL]
* [http://en.wikipedia.org/wiki/GNU_General_Public_License Wikipedia article on GNU/GPL]


==HADOPI==
==HADOPI==


'''A slang term for recent French legislation [ 2008-09] designed to regulate Internet usage in accordance with existing French copyright law.'''
'''A slang term for recent French legislation [2008-09] designed to regulate Internet usage in accordance with existing French copyright law.'''


''“HADOPI”  is an acronym referring to the name of the French government agency that would be created by the bill, the High Authority for Copyright Protection and Dissemination of Works on the Internet.''
“HADOPI”  is an acronym referring to the name of the French government agency that would be created by the bill, the High Authority for Copyright Protection and Dissemination of Works on the Internet.


''The HADOPI law was the subject of intense lobbying, both for and against it, and became notorious for its so-called  “three strikes provision”  and for the fact that in its original form, it provided that an Internet user could be sanctioned after having only been ''accused'' of copyright infringement.  Although the law eventually passed, the French high court later stuck down this part of the bill as unconstitutional.  Soon afterwards, techophile enthusiasts demonstrated that it would be technologically feasible to disguise Internet usage in a way that would call the laws basic effectiveness into question.''
The HADOPI law was the subject of intense lobbying, both for and against it, and became notorious for its so-called  “three strikes provision”  and for the fact that in its original form, it provided that an Internet user could be sanctioned after having only been ''accused'' of copyright infringement.  Although the law eventually passed, the French high court later stuck down this part of the bill as unconstitutional.  Soon afterwards, techophile enthusiasts demonstrated that it would be technologically feasible to disguise Internet usage in a way that would call the laws basic effectiveness into question.


'''Other Resources'''
''Other resources:''


* [http://en.wikipedia.org/wiki/HADOPI_law Wikipedia article on HADOPI]
* [http://en.wikipedia.org/wiki/HADOPI_law Wikipedia article on HADOPI]
Line 903: Line 845:
* [http://www.ip-watch.org/weblog/2009/07/21/entangled-in-amendments-hadopi-2-hits-summer-break/ IP-Watch article on HADOPI]
* [http://www.ip-watch.org/weblog/2009/07/21/entangled-in-amendments-hadopi-2-hits-summer-break/ IP-Watch article on HADOPI]
* [http://wendy.seltzer.org/blog/archives/2009/06/12/hadopi-3-strikes-law-gets-its-own-strike.html Wendy Seltzer on HADOPI]
* [http://wendy.seltzer.org/blog/archives/2009/06/12/hadopi-3-strikes-law-gets-its-own-strike.html Wendy Seltzer on HADOPI]
* [http://recordingindustryvspeople.blogspot.com/2009/06/french-3-strikes-law-hadopi-ruled.html US Lawyer specializing in music copyright and P@P filesharing discusses HADOPI]
* [http://recordingindustryvspeople.blogspot.com/2009/06/french-3-strikes-law-hadopi-ruled.html US Lawyer specializing in music copyright and P2P filesharing discusses HADOPI]


==(legal) Formalities==
==(legal) Formalities==
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'''The ritual or formulaic observances that must take place in certain jurisdictions before a work can qualify for copyright protections, or before suit can be filed.'''
'''The ritual or formulaic observances that must take place in certain jurisdictions before a work can qualify for copyright protections, or before suit can be filed.'''


''For example, although the U.S. officially abandoned formalities with its 1976 Copyright Act,it is still the case that a work acquires copyright at the moment of creation, but the work must be officially registered with the copyright office before suit can be filed for infringement.  At other times in copyright’s history, copyright was conferred at creation, for a period of years, and could then be explicitly renewed for a second period when the first one expired.''
For example, although the U.S. officially abandoned formalities with its 1976 Copyright Act,it is still the case that a work acquires copyright at the moment of creation, but the work must be officially registered with the copyright office before suit can be filed for infringement.  At other times in copyright’s history, copyright was conferred at creation, for a period of years, and could then be explicitly renewed for a second period when the first one expired.


''The Berne Convention explicitly forbids formalities.  Article 5, Section 2 reads:''
The Berne Convention explicitly forbids formalities.  Article 5, Section 2 reads:


“The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.”
“The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.”


''However, some copyright scholars and activists believe that copyright is actually too easy to acquire and sustain, resulting in, among others, the orphan works problem.  These people advocate for at least some formalities for copyright, most often having to do with renewal, so that a work whose rights-holder failed to renew copyright would fall into the public domain.''
However, some copyright scholars and activists believe that copyright is actually too easy to acquire and sustain, resulting in, among others, the orphan works problem.  These people advocate for at least some formalities for copyright, most often having to do with renewal, so that a work whose rights-holder failed to renew copyright would fall into the public domain.


'''Other Resources'''
''Other resources:''


* [http://www.bitlaw.com/copyright/formalities.html Article on formalities]
* [http://www.bitlaw.com/copyright/formalities.html Article on formalities]
* [http://itlaw.wikia.com/wiki/Copyright_formalities Legal wiki’s page on formalities]
* [http://itlaw.wikia.com/wiki/Copyright_formalities Legal wiki’s page on formalities]
* [http://www.laboratorium.net/archive/2009/01/02/an_informal_rant_about_formalities  US law professor James Grimmelman discusses formalities]
* [http://www.laboratorium.net/archive/2009/01/02/an_informal_rant_about_formalities  US law professor James Grimmelmann discusses formalities]
* [http://nymusiccopyright.org/copyright/formalities Web page on formalities]
* [http://nymusiccopyright.org/copyright/formalities Web page on formalities]
* [http://www.eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED291401&ERICExtSearch_SearchType_0=no&accno=ED291401 Cost benefit analysis of US copyright formalities]
* [http://www.eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED291401&ERICExtSearch_SearchType_0=no&accno=ED291401 Cost benefit analysis of US copyright formalities]
* [http://cyberlaw.stanford.edu/node/5688 Stanford Center For Internet and Society’s discussion of Canadian formalities]
* [http://cyberlaw.stanford.edu/node/5688 Stanford Center For Internet and Society’s discussion of Canadian formalities]


==Idea/ Expression==
==Idea / Expression Dichotomy==


'''The concept that ideas cannot be copyrighted, but their particular expression can.'''
'''The concept that ideas cannot be copyrighted, but their particular expression can.'''


''The idea / expression dichotomy is fundamental in copyright law.    For example,  the particular text of Stephenie Meyer’s “Twilight” series of vampire novels is protected by copyright,  but the idea of a girl falling in love with a  vampire cannot be protected.''
The idea / expression dichotomy is fundamental in copyright law.    For example,  the particular text of Stephenie Meyer’s “Twilight” series of vampire novels is protected by copyright,  but the idea of a girl falling in love with a  vampire cannot be protected.


''While this may seem obvious or self-evident, the line between the two is not always so easy to find, and aggressive rights-holders continue to try to push the limits of to what they can claim copyright. For example, in the U.S. case Metro-Goldwyn-Mayer, Inc. v. American Honda Motor Co., Inc., the holder of the rights to the intellectual property making up the James Bond character successfully sued an automobile company for an advertisement they had aired.  MGM claimed that the ad’s content was sufficiently similar to or evocative of, James Bond, that it had infringed, although no actual copying took place.''
While this may seem obvious or self-evident, the line between the two is not always so easy to find, and aggressive rights-holders continue to try to push the limits of to what they can claim copyright. For example, in the U.S. case Metro-Goldwyn-Mayer, Inc. v. American Honda Motor Co., Inc., the holder of the rights to the intellectual property making up the James Bond character successfully sued an automobile company for an advertisement they had aired.  MGM claimed that the ad’s content was sufficiently similar to or evocative of, James Bond, that it had infringed, although no actual copying took place.
   
   
''In U.S. law, idea / expression is usually held up, along with fair use, as a “safety valve”  that prevents the monopolies granted by copyright from interfering with public policy, freedom of speech, and more.''
'In U.S. law, idea / expression is usually held up, along with fair use, as a “safety valve”  that prevents the monopolies granted by copyright from interfering with public policy, freedom of speech, and more.
 
''Under certain circumstances, courts have held that there are a limited number of ways in which to express a particular idea  ( such as the rules for lotteries or sweepstakes) and that therefore, no copyright can be held in those materials.  This is known as the “merger” doctrine.''


Under certain circumstances, courts have held that there are a limited number of ways in which to express a particular idea  (such as the rules for lotteries or sweepstakes) and that therefore, no copyright can be held in those materials.  This is known as the “merger” doctrine.


'''Other Resources'''
''Other resources:''


* [http://en.wikipedia.org/wiki/Idea-expression_divide Wikipedia article on idea/expression]  
* [http://en.wikipedia.org/wiki/Idea-expression_divide Wikipedia article on idea/expression]  
 
* [http://www.edwardsamuels.com/copyright/beyond/articles/ideapt1-20.htm US law review article: "The Idea-Expression dichotomy in copyright law]  
* [http://www.edwardsamuels.com/copyright/beyond/articles/ideapt1-20.htm US law review article: "The Idea-Expression dichotomy in copyright Law]  
 
* [http://www.techdirt.com/articles/20090629/0317365399.shtml Technology blog article on idea/expression]
* [http://www.techdirt.com/articles/20090629/0317365399.shtml Technology blog article on idea/expression]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=418685 Canadian law review article "A Rights-Based View of the Idea/Expression Dichotomy in Copyright Law"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=418685 Canadian law review article "A Rights-Based View of the Idea/Expression Dichotomy in Copyright Law"]
 
* [http://books.google.com/books?id=Vu5n-ARorC0C&pg=PA20&lpg=PA20&dq=idea+expression+dichotomy&source=bll&ots=PaIFoQa1-v&sig=zLHpSQLKGOgqxAR5vdqr78e1e1g&hl=en&ei=7Uh4SsSlBpyltgeWvN2WCQ&sa=X&oi=book_result&ct=result&resnum=11#v=onepage&q=idea%20expression%20di&f=false Google Book excerpt on idea/expression from "Copyright Exceptions: the digital divide" by Robert Burrell and Alison Coleman]
* [http://books.google.com/books?id=Vu5n-ARorC0C&pg=PA20&lpg=PA20&dq=idea+expression+dichotomy&source=bll&ots=PaIFoQa1-v&sig=zLHpSQLKGOgqxAR5vdqr78e1e1g&hl=en&ei=7Uh4SsSlBpyltgeWvN2WCQ&sa=X&oi=book_result&ct=result&resnum=11#v=onepage&q=idea%20expression%20di&f=false Google Book excerpt on idea/expression from Copyright exceptions: the digital divide by Robert Burrell and Alison Coleman]
 
* [http://www2.bc.edu/~yen/FirstAmendPer.html US law review article "A First Amendment Perspective on the Idea/Expression Dichotomy and Copyright in A Work's Total Concept and Feel"]
* [http://www2.bc.edu/~yen/FirstAmendPer.html US law review article "A First Amendment Perspective on the Idea/Expression Dichotomy and Copyright in A Work's Total Concept and Feel"]
* [http://books.google.com/books?id=ZpR-CAFuYtgC&pg=PA21&lpg=PA21&dq=idea+expression+dichotomy&source=bl&ots=lIHllPgG5r&sig=gAMH472eXUENGbpnEX1vQIhUUzY&hl=en&ei=YEl4SsSgOcX7tgeb_9GWCQ&sa=X&oi=book_result&ct=result&resnum=5#v=onepage&q=idea%20expression%20dich&f=false Google Book excerpt from: The copyright protection of computer software in the United Kingdom by Stanley Lai]
* [http://books.google.com/books?id=sGjSY0rRC_wC&pg=PA28&lpg=PA28&dq=idea+expression+dichotomy&source=bl&ots=rPDSdorA2K&sig=l-nmZoCaRs9jQiV6i6DC1bYg6KE&hl=en&ei=YEl4SsSgOcX7tgeb_9GWCQ&sa=X&oi=book_result&ct=result&resnum=8#v=onepage&q=idea%20expression%20dich&f=false Google Book excerpt on idea/expression from Copyrights and copywrongs  by Siva Vaidhyanathan]
* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=471&invol=539 Text of US Supreme court case discussing idea/expression - Harper & Row Publishers, Inc. v. Nation Enterprises,  471 U.S. 539]
* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=471&invol=539 Text of US Supreme court case discussing idea/expression - Harper & Row Publishers, Inc. v. Nation Enterprises,  471 U.S. 539]


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'''International Federation of Library Associations and Institutions'''
'''International Federation of Library Associations and Institutions'''


''According to the IFLA website, “The International Federation of Library Associations and Institutions (IFLA) is the leading international body representing the interests of library and information services and their users. It is the global voice of the library and information profession.”''
According to the [http://ifla.org IFLA website], “The International Federation of Library Associations and Institutions (IFLA) is the leading international body representing the interests of library and information services and their users. It is the global voice of the library and information profession.”
         
 
'''Other Resources'''
 
* [http://www.ifla.org/ www.ifla.org]


==IFRRO==  
==IFRRO==  
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'''The International Federation of Reproduction Rights Organisations'''
'''The International Federation of Reproduction Rights Organisations'''


''“The International Federation of Reproduction Rights Organisations (IFRRO) is an independent organisation established on the basis of the fundamental international copyright principles embodied in the Berne and Universal Copyright Conventions. Its purpose is to facilitate, on an international basis, the collective management of reproduction and other rights relevant to copyrighted works through the co-operation of national Reproduction Rights Organisations (RROs). Collective or centralised rights management is preferable where individual exercise of rights is impractical.''
“The International Federation of Reproduction Rights Organisations (IFRRO) is an independent organisation established on the basis of the fundamental international copyright principles embodied in the Berne and Universal Copyright Conventions. Its purpose is to facilitate, on an international basis, the collective management of reproduction and other rights relevant to copyrighted works through the co-operation of national Reproduction Rights Organisations (RROs). Collective or centralised rights management is preferable where individual exercise of rights is impractical.


''IFRRO through its members supports creators and publishers alike and provides internationally a common platform for them to foster the establishment of appropriate legal frameworks for the protection and use of their works.''
Through its members, IFRRO supports creators and publishers alike and provides internationally a common platform for them to foster the establishment of appropriate legal frameworks for the protection and use of their works.


''IFRRO works to increase on an international basis the lawful use of text and image based copyright works and to eliminate unauthorised copying by promoting efficient Collective Management of rights through RROs to complement creators' and publishers' own activities.”''
IFRRO works to increase on an international basis the lawful use of text and image based copyright works and to eliminate unauthorised copying by promoting efficient Collective Management of rights through RROs to complement creators' and publishers' own activities.”


'''Other Resources'''
''Other resources:''


* [http://www.ifrro.org/ www.ifrro.org]
* [http://www.ifrro.org/ IFRRO website]


==Incentives==
==Incentives==
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'''The aspects of copyright law designed to motivate creators to create.'''
'''The aspects of copyright law designed to motivate creators to create.'''


''Copyright law grants to the rights-holder, for a limited time, a monopoly over uses of the copyrighted work.  Since monopolies are usually considered inefficient, the justification for doing this is usually described as providing the necessary incentives to creators to get them to create.  That is, without the incentive of being able to benefit economically by exploiting control of the work, why would an artist create? This is often called the economic theory of creator incentives, or something similar.  The assumption is that there is a net gain for society.  For example, the Copyright clause of the U.S. Constitution reads “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”''
Copyright law grants to the rights-holder, for a limited time, a monopoly over uses of the copyrighted work.  Since monopolies are usually considered inefficient, the justification for doing this is usually described as providing the necessary incentives to creators to get them to create.  That is, without the incentive of being able to benefit economically by exploiting control of the work, why would an artist create? This is often called the economic theory of creator incentives, or something similar.  The assumption is that there is a net gain for society.  For example, the Copyright clause of the U.S. Constitution reads “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”


''The  incentive driven view of copyright and creation has come under some criticism for failing to take into account the many different motivations artists have for creating their work, some of which are not financial at all.  Other critics point out that even if incentive theory is accurate, extremely long copyright terms do not increase the economic or monetary value of copyright, arguing against term extensions.''
The  incentive driven view of copyright and creation has come under some criticism for failing to take into account the many different motivations artists have for creating their work, some of which are not financial at all.  Other critics point out that even if incentive theory is accurate, extremely long copyright terms do not increase the economic or monetary value of copyright, arguing against term extensions.


'''Other Resources'''
''Other resources:''


* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=876910 US law review article "The Internet, Creativity and Copyright Incentives"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=876910 US law review article "The Internet, Creativity and Copyright Incentives"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1134035 US law review article "The Pope's Copyright? Aligning Incentives with Reality by Using Creative Motivation to Shape Copyright Protection"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1134035 US law review article "The Pope's Copyright? Aligning Incentives with Reality by Using Creative Motivation to Shape Copyright Protection"]
* [http://www.harvardlawreview.org/issues/122/april09/balganesh.shtml US law review article "Foreseeability and Copyright Incentives"]
* [http://www.harvardlawreview.org/issues/122/april09/balganesh.shtml US law review article "Foreseeability and Copyright Incentives"]
* [http://madisonian.net/2007/08/09/ipsc-at-depaul-loren-on-copyrights-needless-incentives/ US legal academic blog entry discussing paper from #3 above]
* [http://madisonian.net/2007/08/09/ipsc-at-depaul-loren-on-copyrights-needless-incentives/ US legal academic blog entry discussing paper from #3 above]
* [http://www.paulschwartz.net/pdf/SchwartzFINAL.pdf US law review article "Eldred and Lochner: Copyright Term Extension and Intellectual Property as Constitutional Property"]
* [http://www.paulschwartz.net/pdf/SchwartzFINAL.pdf US law review article "Eldred and Lochner: Copyright Term Extension and Intellectual Property as Constitutional Property"]
* [http://www.law.cornell.edu/supct/pdf/01-618P.ZD1 US Supreme court Justice Breyer's dissenting opinion in ''Eldred v. Ashcroft'']
* [http://www.law.cornell.edu/supct/pdf/01-618P.ZD1 US Supreme court Justice Breyer's dissenting opinion in ''Eldred v. Ashcroft'']
* [http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/constitutionality.html Affidavit of Dean of the School of Information Management and Systems at the University of California, Berkeley, in ''Eldred v. Ashcroft'']  
* [http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/constitutionality.html Affidavit of Dean of the School of Information Management and Systems at the University of California, Berkeley, in ''Eldred v. Ashcroft'']  
* [http://williampatry.blogspot.com/2008/05/forseeability-and-copyright-incentives.html One of many blog entries on incentives from renowned US copyright legal scholar William Patry]


* [http://williampatry.blogspot.com/2008/05/forseeability-and-copyright-incentives.html One of many blog entries on incentives from renowned US copyright legal scholar]
==Intellectual Effort==


== “intellectual effort” ==


'''Literally, an effort of the mind, as opposed to a physical effort.  The phrase is often synonymous with “creativity”.'''


'''Literally, an effort of the mind, as opposed to a physical effortThe phrase is often synonymous with “creativity”.'''
In copyright law, this concept is important because not everything qualifies for copyright protection.  Most importantly, simply having spent a lot of time and energy on something is not usually enough to qualify for copyrightHowever, in recent legislation, databases of facts have received protection solely by virtue of the effort that went into them.


''In copyright law, this concept is important because not everything qualifies for copyright protectionMost importantly, simply having spent a lot of time and energy on something is not usually enough to qualify for copyrightHowever, in recent legislation, databases of facts have received protection solely by virtue of the effort that went into them.''
Each jurisdiction has a different set of criteria as to what may receive copyright.  The U.S. requires that the work be the result of creative input, but has a very low threshold for creativityThe U.S. also requires that the work be fixed in a tangible formItalian law, for example, states things a little differently, and states that a work must involve an intellectual effort and possess creative character.


''Each jurisdiction has a different set of criteria as to what may receive copyright.  The U.S. requires that the work be the result of creative input, but has a very low threshold for creativity.  The U.S. also requires that the work be fixed in a tangible form.  Italian law, for example, states things a little differently, and states that a work must involve an intellectual effort and possess creative character.''
''See also:''


See also “sweat of the brow”
* [[Glossary#.E2.80.9CSweat_of_the_brow.E2.80.9D|"Sweat of the Brow"]]


==Infringement==
==Infringement==


'''Copyright infringement takes place whenever any one or more of the rights that the copyright protection grants are violated.'''
'''Violation without justification or excuse of one or more of the exclusive rights in a work granted by copyright law.'''
    
    
''For example, if a copy of a book, song, or computer program is made, or a song or play performed without permission, the copyright in that work has been infringed.  What sort of infringement has taken place depends on the level of knowledge and involvement of the infringer.''
For example, if a copy of a book, song, or computer program is made, or a song or play performed without permission, the copyright in that work has been infringed.  What sort of infringement has taken place depends on the level of knowledge and involvement of the infringer.
 
See also “rights”
====Direct====
====Direct====
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'''Direct infringement takes place when a person who is not the rightsholder performs or engages in one of the activities that the copyright holder has the exclusive right to perform.'''
'''Direct infringement takes place when a person who is not the rightsholder performs or engages in one of the activities that the copyright holder has the exclusive right to perform.'''


''Direct infringment is the most common kind of infringement, and takes place whenever a user violates any of the rights granted to a copyright holder.''
Direct infringement is the most common kind of infringement and takes place whenever a user violates any of the rights granted to a copyright holder.
 
“A plaintiff must meet two requirements to establish a prima facie case of copyright infringement: (1) ownership of the allegedly infringed material and (2) violation by the alleged infringer of at least one of the exclusive rights granted to copyright holders.” -- LGS Architects, Inc. v. Concordia Homes of Nev., 434 F.3d 1150, 1156 (9th Cir. 1996)


''“A plaintiff must meet two requirements to establish a prima facie case of copyright infringement: (1) ownership of the allegedly infringed material and (2) violation by the alleged infringer of at least one of the exclusive rights granted to copyright holders.” -- LGS Architects, Inc. v. Concordia Homes of Nev., 434 F.3d 1150, 1156 (9th Cir. 1996)''
For example, if a copy has been made without permission, that is direct infringement.


''For example, if a copy has been made without permission, that is direct infringement.''
====Indirect /secondary====
====Indirect /secondary====


'''These are two types of of infringement that take place in conjunction with direct infringement.   
'''These are two types of of infringement that take place in conjunction with direct infringement.  '''
'''


''NOTE: There can be no indirect or secondary infringement without a concurrent act of direct infringement.  An act qualifies as a particular type of infringement according to the knowledge, intent and abilities of the infringer.''
NOTE: There can be no indirect or secondary infringement without a concurrent act of direct infringement.  An act qualifies as a particular type of infringement according to the knowledge, intent and abilities of the infringer.


====Contributory====
====Contributory====


'''A contributory infringer has knowledge of the related direct infringement, i.e. that it is taking place; and must make a material contribution to it in some way.'''
'''A contributory infringer has knowledge of the related direct infringement and makes a material contribution to it in some way.'''
 
Examples of contributory infringement would be a CD factory owner who knows that his machines are being used to make illegal copies of protected works, or someone who provides software tools for cracking encryption regimes.


''Examples of contributory infringement would be a CD factory owner who knows that his machines are being used to make illegal copies of protected works, or someone who provides software tools for cracking encryption regimes.''
====Vicarious====
====Vicarious====


''' A vicarious infringer is one who, while not deliberately encouraging or materially contributing to the direct infringement, has the right and ability to control or prevent infringement, and benefits from it, even if he or she does not realize the infringement is taking place.'''   
''' A vicarious infringer is one who, while not deliberately encouraging or materially contributing to the direct infringement, has the right and ability to control or prevent infringement, and benefits from it, even if he or she does not realize the infringement is taking place.'''   


''Vicarious infringment is roughly akin to “you should have known infringement was taking place, and done something about it.''
Vicarious infringment is roughly akin to “you should have known infringement was taking place, and done something about it.
 
A club owner who hires performers who then play protected works without permission to do so, and without the owner’s knowledge, is vicariously infringing.  The owner herself is not infringing, or helping the performer to do so, but she could make sure of the performer’s licensing, and she is indirectly profiting from the infringement because of the revenues from patrons of the club.  Another example would be someone who runs an outdoor market, renting stalls to vendors.  If a particular vendor is selling infringing goods, the market owner is vicariously infringing.  (For a classic example in US law, see Fonovisa Inc. v. Cherry Auction, Inc., 847 F.Supp. 1492 (E.D. Cal. 1994).


''A club owner who hires performers who then play protected works without permission to do so, and without the owner’s knowledge, is vicariously infringing.  The owner herself is not infringing, or helping the performer to do so, but she could make sure of the performer’s licensing, and she is indirectly profiting from the infringement, because of the revenues from patrons of the club.  Another example would be someone who runs an outdoor market, renting stalls to vendors.  If a particular vendor is selling infringing goods, the market owner is vicariously infringing.  (For a classic example in US law, see Fonovisa Inc. v. Cherry Auction, Inc., 847 F.Supp. 1492 (E.D. Cal. 1994).''
====Inducement====
====Inducement====


'''The idea that someone might not only make the means of infringement possible, but might encourage others to infringe, even if the inducer is not profiting, either directly or indirectly.'''
'''The idea that someone might not only make the means of infringement possible, but might encourage others to infringe, even if the inducer is not profiting, either directly or indirectly.'''


''Inducement was perhaps made most famous by the US case ''M.G.M. v Grokster''.  In the Grokster case, the court found Grokster liable for indirect infringement, because it had actively induced others to directly infringed, regardless of any substantial non-infringing use of the Grokster technology.  This was in contrast to the Sony v Betamax  decision in the 1080’s which found video recorders non-infringing because they could be used in non-infringing ways, and because Sony had not encouraged infringing uses.''
Inducement was perhaps made most famous by the US case ''M.G.M. v Grokster''.  In the Grokster case, the court found Grokster liable for indirect infringement, because it had actively induced others to directly infringed, regardless of any substantial non-infringing use of the Grokster technology.  This was in contrast to the Sony v Betamax  decision in the 1080’s which found video recorders non-infringing because they could be used in non-infringing ways, and because Sony had not encouraged infringing uses.


'''Other Resources'''
''Other resources:''


* [http://www.chillingeffects.org/piracy/faq.cgi Chilling Effects webpage on "piracy"]  
* [http://www.chillingeffects.org/piracy/faq.cgi Chilling Effects webpage on "piracy"]  
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* [http://www.quizlaw.com/copyrights/what_is_contributory_infringem_1.php "Law for non-lawyers" website's page on contributory infringement]
* [http://www.quizlaw.com/copyrights/what_is_contributory_infringem_1.php "Law for non-lawyers" website's page on contributory infringement]
* [http://www.quizlaw.com/copyrights/what_is_vicarious_infringement.php "Law for non-lawyers" website's page on vicarious infringement]
* [http://www.quizlaw.com/copyrights/what_is_vicarious_infringement.php "Law for non-lawyers" website's page on vicarious infringement]
* [http://itlaw.wikia.com/wiki/Vicarious_copyright_infringement Technology wiki on contributory infringment]
* [http://itlaw.wikia.com/wiki/Vicarious_copyright_infringement Technology wiki on contributory infringement]
* [http://cyberlaw.stanford.edu/packets002913.shtml Stanford Center for Internet & Society's page discussing a US case on indirect infringement]
* [http://cyberlaw.stanford.edu/packets002913.shtml Stanford Center for Internet & Society's page discussing a US case on indirect infringement]
* [http://books.google.com/books?id=Gq9VbEQnxaQC&pg=PA313&lpg=PA313&dq=vicarious+infringement+copyright&source=bl&ots=-XDeiB9p-g&sig=nHOtxWONm2QPFVNy0AqqlHaNhGA&hl=en&ei=TFp4SqiqIaWvtgf1n9WWCQ&sa=X&oi=book_result&ct=result&resnum=9#v=onepage&q=vicarious%20inf&f=false Google Book excerpt: Copyright: examples and explanations - by Stephen M. McJohn ]
* [http://www.benedict.com/Digital/Internet/Fonovisa/Fonovisa.aspx Copyright website's discussion of Fonovisa v Cherry Auction]
* [http://www.benedict.com/Digital/Internet/Fonovisa/Fonovisa.aspx Copyright website's discussion of Fonovisa v Cherry Auction]
* [http://www.allacademic.com//meta/p_mla_apa_research_citation/1/7/1/7/6/pages171767/p171767-1.php Academic paper "The Inducement Theory in Post-Grokster: Arista Records v. Flea World; UMG v. Bertelsmann"]
* [http://www.allacademic.com//meta/p_mla_apa_research_citation/1/7/1/7/6/pages171767/p171767-1.php Academic paper: "The Inducement Theory in Post-Grokster: Arista Records v. Flea World; UMG v. Bertelsmann"]
* [http://www.yarbroughlaw.com/Publications/pubs%20patent4%20indirect%20infringement%20of%20copyright.htm US lawyer's discussion of indirect infringment]
* [http://www.yarbroughlaw.com/Publications/pubs%20patent4%20indirect%20infringement%20of%20copyright.htm US lawyer's discussion of indirect infringement]
* [http://en.wikipedia.org/wiki/Contributory_copyright_infringement Wikipedia article on copyright infringement]
* [http://en.wikipedia.org/wiki/Contributory_copyright_infringement Wikipedia article on copyright infringement]
* [http://digital-law-online.info/lpdi1.0/treatise14.html US copyright website's page on infringement]
* [http://digital-law-online.info/lpdi1.0/treatise14.html US copyright website's page on infringement]
* [http://www.ipo.org/AM/Template.cfm?Section=Copyright&Template=/CM/ContentDisplay.cfm&ContentID=17825 Chinese law review article (in English) "Analysis & Solution for Indirect Infringing Liability of Developers of P2P File Sharing Software"]
* [http://www.ipo.org/AM/Template.cfm?Section=Copyright&Template=/CM/ContentDisplay.cfm&ContentID=17825 Chinese law review article (in English): "Analysis & Solution for Indirect Infringing Liability of Developers of P2P File Sharing Software"]
* [http://www.becker-posner-blog.com/archives/2005/07/grokster_file_s.html US law professors' blog entry on infringement and ''Grokster'']
* [http://www.becker-posner-blog.com/archives/2005/07/grokster_file_s.html US law professors' blog entry on infringement and ''Grokster'']
* [http://www.legallanguage.com/legal-articles/clarida008/ Article on Internet-based contributory infringement]
* [http://www.legallanguage.com/legal-articles/clarida008/ Article on Internet-based contributory infringement]
* [http://works.bepress.com/jamie_gregorian/1/ Academic paper "Grokster, BitTorrent, Copyright Infringement, and Inducement: How Modus Operandi Can Provide a Functional Standard for Future File-Sharing Cases"]
* [http://works.bepress.com/jamie_gregorian/1/ Academic paper: "Grokster, BitTorrent, Copyright Infringement, and Inducement: How Modus Operandi Can Provide a Functional Standard for Future File-Sharing Cases"]
* [http://www.cdt.org/copyright/grokster/ Center for Democracy & Technology's page on ''Grokster'' and infingement]
* [http://www.cdt.org/files/pdfs/20061010streamcast.pdf Center for Democracy & Technology�s initial ''Grokster'' analysis]
* [http://en.wikipedia.org/wiki/MGM_Studios,_Inc._v._Grokster,_Ltd. Wikipedia article on ''MGM v Grokster'' case]
* [http://en.wikipedia.org/wiki/MGM_Studios,_Inc._v._Grokster,_Ltd. Wikipedia article on ''MGM v Grokster'' case]
* [http://www.foley.com/publications/pub_detail.aspx?pubid=3398 US law firm article "The Grokster Inducement Test For Secondary Copyright Infringement Liability"]
* [http://www.foley.com/publications/pub_detail.aspx?pubid=3398 US law firm article: "The Grokster Inducement Test For Secondary Copyright Infringement Liability"]
 
==Lex loci delicti==
'''Literally, "the law of the place of the wrongdoing"
 
The full term is '' lex loci delicti commissi.''
 
This concept comes up when discussing a tort or crime that takes place in multiple legal jurisdictions.  In such a scenario, a court will have to decide which jurisdiction's laws apply.  ''Lex loci delicti'' refers to the laws that apply in the place where the crime, copyright infringment for our purposes, was actually committed, rather than where the rightsholder lives, or where the right to the work were first received, etc.
 
''See also:''
 
* [[Glossary#Choice_of_Laws|Choice of Laws]]
 
''Other resources:''
 
*[http://en.wikipedia.org/wiki/Lex_loci_delicti_commissi Wikipedia article on ''Lex loci delicti'']


==License==
==License==
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====Model License====
====Model License====
A license that does not refer to any particular copyrighted work, or to specific parties, but is instead presented as an example of the license in general.   
A license that does not refer to any particular copyrighted work, or to specific parties, but is instead presented as an example of the license in general.   


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====Blanket License====
====Blanket License====


See “blanket license”
See [[Glossary#Blanket_license|Blanket License]].
====Compulsory License====
====Compulsory License====


See “compulsory license”
See [[Glossary#Compulsory_License|Compulsory License]].


====Institutional License====
====Institutional License====
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'''A license granted to an institution, such as a library or school, rather than an individual.'''
'''A license granted to an institution, such as a library or school, rather than an individual.'''


''An institutional license’s terms are predicated on the idea that the institution will be serving many different users, under a wide variety of circumstances, and that from a transaction costs perspective, it is far more efficient for all concerned to negotiate terms only once.  For example, most, if not all, universities have institutional licensing agreements with the various collective management agencies for the performance of musical works.  Many libraries, whether public or academic, have institutional subscriptions to commercial or academic databases, under which any patron of the library may access the database without having to negotiate personal access.''
An institutional license’s terms are predicated on the idea that the institution will be serving many different users, under a wide variety of circumstances, and that from a transaction costs perspective, it is far more efficient for all concerned to negotiate terms only once.  For example, most, if not all, universities have institutional licensing agreements with the various collective management agencies for the performance of musical works.  Many libraries, whether public or academic, have institutional subscriptions to commercial or academic databases, under which any patron of the library may access the database without having to negotiate personal access.
====Individual License====
====Individual License====
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'''An individual license is a license granted to a single person.'''  
'''An individual license is a license granted to a single person.'''  


''Individual licenses can be negotiated for any sort of copyrighted work, but are probably most often seen in the software context, where before using purchased software, a user must agree to the licensing terms.''
Individual licenses can be negotiated for any sort of copyrighted work, but are probably most often seen in the software context, where before using purchased software, a user must agree to the licensing terms.


====(non) Exclusive License====
====(non) Exclusive License====
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'''An exclusive license is one granted to the holder only.'''   
'''An exclusive license is one granted to the holder only.'''   


''If a license is exclusive, it means that no other similar license will be granted.  For example, a rights-holder in the United States might grant an exclusive license to someone in Germany to be the sole distributor of the copyrighted work in Germany, or vice versa.  A non-exclusive license is just the opposite.  A person with such a license knows that many others may have been granted the exact same rights.  For example, when a person purchases software, he knows that he is not the only one who has eben granted permission to use that software.''
If a license is exclusive, it means that no other similar license will be granted.  For example, a rights-holder in the United States might grant an exclusive license to someone in Germany to be the sole distributor of the copyrighted work in Germany, or vice versa.  A non-exclusive license is just the opposite.  A person with such a license knows that many others may have been granted the exact same rights.  For example, when a person purchases software, he knows that he is not the only one who has eben granted permission to use that software.
 
See also, “click wrap”, “shrink wrap”, “Browsewrap” , “collective rights management agency


'''Other Resources'''
'''Other Resources'''
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* [http://www.copyright.gov/circs/circ75.pdf US Government's publication on licenses]
* [http://www.copyright.gov/circs/circ75.pdf US Government's publication on licenses]
* [http://www.ivanhoffman.com/transfer3.html US lawyer discusses the right to transfer copyright licenses]
* [http://www.ivanhoffman.com/transfer3.html US lawyer discusses the right to transfer copyright licenses]
* [http://www.techdirt.com/articles/20090628/1626125387.shtml Technology blog's discussion o flicensing controversy]
* [http://www.techdirt.com/articles/20090628/1626125387.shtml Technology blog's discussion of licensing controversy]
* [http://en.wikipedia.org/wiki/Compulsory_license Wikipedia page on compulsory licenses]
* [http://en.wikipedia.org/wiki/Compulsory_license Wikipedia page on compulsory licenses]
* [http://www.copyright.gov/circs/circ73.pdf US Government's circular on compulsory licensing for phonorecords]  
* [http://www.copyright.gov/circs/circ73.pdf US Government's circular on compulsory licensing for phonorecords]  
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==Material breach (of a contract)==
==Material breach (of a contract)==


'''A violation of a contract serious enough that the person harmed may compel performance and collect damages.'''
'''A violation of a contract serious enough that the person harmed may compel performance and collect damages, and/or terminate the contract.'''


A contract is fundamentally a list of terms to which the parties have agreed – things each party has agreed to do or not do.  However, no contract, no matter how complex or carefully written, can foresee every possible eventuality.  Therefore, it will sometimes happen that a party to a contract will violate one or more of the contract’s terms.  Sometimes the breach will be deliberate, sometimes accidental, sometimes driven by circumstance.  The question that arises, in the case of a breach, is what will be done about the violation.


''A contract is fundamentally a list of terms to which the parties have agreed – things each party has agreed to do or not do.  However, no contract, no matter how complex or carefully written, can foresee every possible eventuality.  Therefore, it will sometimes happen that a party to a contract will violate one or more of the contract’s terms.  Sometimes the breach will be deliberate, sometimes accidental, sometimes driven by circumstance.  The question that arises, in the case of a breach, is what will be done about the violation.''
Typically, minor violations of a contract mean only that the person harmed by the violation can collect only actual damages.  If the breach is sufficiently immaterial these damages may well be zero.
''Typically, minor violations of a contract mean only that the person harmed by the violation can collect only actual damages.  If the breach is sufficiently immaterial these damages may well be zero.''


''However, substantial violations, which are also known as material breaches, are a different story.  They are material breaches because the breached clauses fundamentally matter to the contract.  Such breaches typically mean that the injured party can legally compel performance of the contract in addition to collecting damages.  Of course, a particular contract may contain specific provisions for what will happen in the case of a material breach.''
However, substantial violations, which are also known as material breaches, are a different story.  They are material breaches because the breached clauses fundamentally matter to the contract.  Such breaches typically mean that the injured party can legally compel performance of the contract in addition to collecting damages.  Of course, a particular contract may contain specific provisions for what will happen in the case of a material breach.




'''Other Resources'''
''Other resources:''


* [http://en.wikipedia.org/wiki/Breach_of_contract Wikipedia article on breach of contract]
* [http://en.wikipedia.org/wiki/Breach_of_contract Wikipedia article on breach of contract]
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'''A monopoly is exclusive control over a particular resource.'''  
'''A monopoly is exclusive control over a particular resource.'''  


''A copyright in a particular work can usefully be conceived of as a monopoly over that work and its uses, albeit for a limited time.''
A copyright in a particular work can usefully be conceived of as a monopoly over that work and its uses, albeit for a limited time.
 
Economic theory typically sees most monopolies as inefficient uses of resources.  These inefficiencies are harm to the public good.  This harm is justified in copyright law by claiming that the incentives a monopoly provides to would-be creators balance it out.  However, this view of things is being challenged more and more in recent years by critics who feel that copyright terms are too long, or that creators have motivations other than monetary reward.


''Economic theory typically sees most monopolies as inefficient uses of resources.  These inefficiencies are harm to the public good.  This harm is justified in copyright law by claiming that the incentives a monopoly provides to would-be creators balance it out.  However, this view of things is being challenged more and more in recent years by critics who feel that copyright terms are too long, or that creators have motivations other than monetary reward.''
''See also:''


See also “incentives”, “commons”
* [[Glossary#Incentives|Incentives]]
* [[Glossary#Commons|Commons]]


'''Other Resources'''
''Other resources:''


* [http://www.againstmonopoly.org/index.php?perm=593056000000001200  Blog "Against Monopolies"'s page on copyright's 'Catch-22']
* [http://www.againstmonopoly.org/index.php?perm=593056000000001200  "Against Monopolies" page on copyright's 'Catch-22']
* [http://www.open-spaces.com/article-v2n1-loren.php Law review article "The Purpose of Copyright"]
* [http://www.open-spaces.com/article-v2n1-loren.php Law review article "The Purpose of Copyright"]
* [http://www.newswise.com/articles/view/549822/ Article discussing economists' criticism of copyright monopolies]
* [http://www.newswise.com/articles/view/549822/ Article discussing economists' criticism of copyright monopolies]
* [http://www.hackvan.com/pub/stig/etext/fair-use/mocking-the-monopoly-of-copyright.txt Article "Mocking the Monopoly of Copyright"]
* [http://www.hackvan.com/pub/stig/etext/fair-use/mocking-the-monopoly-of-copyright.txt Article: "Mocking the Monopoly of Copyright"]
* [http://books.google.com/books?id=209GwCq-ATgC&pg=PA118&lpg=PA118&dq=monopoly+in+copyright+law&source=bl&ots=JYihE-5gK7&sig=Ws93FguDmc79hJ1AMk_i-IUySfM&hl=en&ei=kmd4SsiCI4extgfGrdmWCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=&f=false Google Books excerpt: The Economics of copyright – Wendy Gordon &Richard Watt]
* [http://books.google.com/books?id=209GwCq-ATgC&pg=PA118&lpg=PA118&dq=monopoly+in+copyright+law&source=bl&ots=JYihE-5gK7&sig=Ws93FguDmc79hJ1AMk_i-IUySfM&hl=en&ei=kmd4SsiCI4extgfGrdmWCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=&f=false Google Books excerpt: The Economics of copyright – Wendy Gordon &Richard Watt]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1123575 Academic article "Natural Monopolies in Antitrust, Patent, and Copyright Law: The Essential Facilities, Reverse Doctrine of Equivalents, and Originality Doctrines as Triggers for a Compulsory Licensing Remedy"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1123575 Academic article: "Natural Monopolies in Antitrust, Patent, and Copyright Law: The Essential Facilities, Reverse Doctrine of Equivalents, and Originality Doctrines as Triggers for a Compulsory Licensing Remedy"]
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm Review of book, Copyright's Paradox by Neil Netanel]
* [http://books.google.com/books?id=rMFSUTNWRzgC&pg=PT274&lpg=PT274&dq=monopoly+in+copyright+law&source=bl&ots=RIVssakFls&sig=Sj9eDZa6z8Q1nhOImTSm0vPiXQE&hl=en&ei=12h4StKnBcKBtgfnjM2WCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=&f=false Google book excerpt: Kohn on Music licensing  - Bob Kohn]


==Moral Rights==  
==Moral Rights==  
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'''Broadly speaking, the set of rights in a work that give control over the existence or fate of a work, rather than over its economic exploitation.'''
'''Broadly speaking, the set of rights in a work that give control over the existence or fate of a work, rather than over its economic exploitation.'''


''Moral rights (a translation of the French concept “droit moral”) in a creative work are the corollary to the economic rights.  They represent the rights in a work that are inherent in its status as a creative work and in its relationship with its creator.  While they are statutorily reinforced, they typically are thought of as existing on their own.  That is, they are much closer to being “natural” rights.  Perhaps because of the nature of the rights, they are more often associated with visual works, such as painting or sculpture, than with “informational” works, such as texts.''
Moral rights (a translation of the French concept “droit moral”) in a creative work are the corollary to the economic rights.  They represent the rights in a work that are inherent in its status as a creative work and in its relationship with its creator.  While they are statutorily reinforced, they typically are thought of as existing on their own.  That is, they are much closer to being “natural” rights.  Perhaps because of the nature of the rights, they are more often associated with visual works, such as painting or sculpture, than with “informational” works, such as texts.


''The Berne Convention explicitly recognizes moral rights, but U.S. law does not officially recognize moral rights, which is an ongoing source of tension between U.S. law and that of other Berne Convention members.  The U.S, maintains that its laws have sufficient provisions in place, such as the Visual Artists Rights Act, to accommodate moral rights.''
The Berne Convention explicitly recognizes moral rights, but U.S. law does not officially recognize moral rights, which is an ongoing source of tension between U.S. law and that of other Berne Convention members.  The U.S, maintains that its laws have sufficient provisions in place, such as the Visual Artists Rights Act, to accommodate moral rights.


''Article 6bis (1)  of the Berne convention reads:''
Article 6bis (1)  of the Berne convention reads:


“ (1) Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”
“ (1) Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”


''The enumeration of moral rights varies from country to country, but they are most often listed as:''
The enumeration of moral rights varies from country to country, but they are most often listed as:
 
''The right of paternity -- to claim authorship (or disclaim it, in the vent of unauthorized change).''
 
''The right of integrity -- to approve of or object to any modification, distortion or change to the work.''


''The right of withdrawal – to remove a work from the public sphere at will.''
* The right of paternity -- to claim authorship (or disclaim it, in the event of unauthorized change).


''The right of release ( or divulgation)  -- the right to control when a work is seen by the public.''
* The right of integrity -- to approve of or object to any modification, distortion or change to the work.


See also “economic rights”
* The right of withdrawal -- to remove a work from the public sphere at will.


* The right of release  -- the right to control when a work is seen by the public.


'''Other Resources'''
''Other resources:''


* [http://cyber.law.harvard.edu/property/library/moralprimer.html Berkman Center webpage "Moral Rights Basics"]
* [http://cyber.law.harvard.edu/property/library/moralprimer.html Berkman Center webpage "Moral Rights Basics"]
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* [http://www.rbs2.com/moral.htm Essay; "Moral Rights of Authors in the USA"]
* [http://www.rbs2.com/moral.htm Essay; "Moral Rights of Authors in the USA"]
* [http://www.copyright.gov/reports/exsum.html US Government document "Waiver of Moral Rights in Visual Artworks"]
* [http://www.copyright.gov/reports/exsum.html US Government document "Waiver of Moral Rights in Visual Artworks"]
* [http://www.vlaa.org/documents/VARA2.pdf PDF "Artists Guide to the Visual Artists Rights Act:  understanding your (limited) rights"]
* [http://www.vlaa.org/assets/documents/VARA.pdf PDF "Artists Guide to the Visual Artists Rights Act:  understanding your (limited) rights"]
* [http://www.californialawreview.org/issues/09Feb_Adler.pdf US law review articel "Against Moral Rights"]
* [http://www.californialawreview.org/articles/against-moral-rights US law review article: "Against Moral Rights"]
* [http://www.ariadne.ac.uk/issue4/copyright/ Essay : Moral Rights and the electronic library"]
* [http://www.ariadne.ac.uk/issue4/copyright/ Essay: Moral Rights and the electronic library"]
* [http://copyright.columbia.edu/node/50 MP3 file "The Five Exclusive Rights and Moral Rights"]
* [http://copyright.columbia.edu/node/50 MP3 file "The Five Exclusive Rights and Moral Rights"]
* [http://www.allacademic.com/meta/p_mla_apa_research_citation/1/8/5/3/2/p185328_index.html Academic paper: "Authorship and the Debate on Moral Rights in the Digital Environment"]
* [http://www.allacademic.com/meta/p_mla_apa_research_citation/1/8/5/3/2/p185328_index.html Academic paper: "Authorship and the Debate on Moral Rights in the Digital Environment"]
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'''The Mortenson Center for International Library Programs'''  
'''The Mortenson Center for International Library Programs'''  


''The Center was founded in 1991 at the University of Illinois at Urbana-Champagne.''
The Center was founded in 1991 at the University of Illinois at Urbana-Champagne.
 
''“The Mortenson Center and the Mortenson Distinguished Professorship seek to strengthen international ties among libraries and librarians, regardless of geographic location or access to technology.”''  -- Mortenson Center website
''Individuals at the Mortenson Center participated in the initial testing of this curriculum.''


'''Other Resources'''
According to [http://www.library.illinois.edu/mortenson/ its website], “The Mortenson Center and the Mortenson Distinguished Professorship seek to strengthen international ties among libraries and librarians, regardless of geographic location or access to technology.”


* [http://www.library.illinois.edu/mortenson/ Mortenson Center website]
Individuals at the Mortenson Center participated in the initial testing of this curriculum.
* [http://www.library.illinois.edu/mortenson/about/ Mortenson Center "about" page]


==Neighboring Rights==   
==Neighboring Rights==   
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'''The rights of people who have participated in the creation of a copyrighted work, but who did not “write” it, and for a variety of reasons do not normally qualify for traditional forms of copyright.'''
'''The rights of people who have participated in the creation of a copyrighted work, but who did not “write” it, and for a variety of reasons do not normally qualify for traditional forms of copyright.'''


''Neighboring rights are copyrights that exist adjacent to more traditional author’s copyrights, and are granted to a few specific categories of person.  The term most often refers to. Examples might include the sound engineers at a recording studio, the performers of a musical composition, or a broadcast organization.''
Neighboring rights are copyrights that exist adjacent to more traditional author’s copyrights and are granted to a few specific categories of person.  The term most often refers to. Examples might include the sound engineers at a recording studio, the performers of a musical composition, or a broadcast organization.


''Neighboring rights as such do not exist in all copyright law systems.  Some jurisdictions subsume them within “copyright” in general without treating them as any different.''
Neighboring rights as such do not exist in all copyright law systems.  Some jurisdictions subsume them within “copyright” in general without treating them as any different.


''As just one example, the Rome Convention explicitly addresses the rights of performers and producers of sound recordings.''
As just one example, the Rome Convention explicitly addresses the rights of performers and producers of sound recordings.


See also “Rome Convention”,
''See also:''


'''Other Resources'''
*[[Glossary#Rome_Convention|Rome Convention]]
 
''Other resources:''


* [http://www.wipo.int/export/sites/www/tk/en/laws/pdf/tanzania_copyright.pdf PDF of 1999 Tanzanian Copyright and Neighboring Rights Act]
* [http://www.wipo.int/export/sites/www/tk/en/laws/pdf/tanzania_copyright_1999.pdf PDF of 1999 Tanzanian Copyright and Neighboring Rights Act]
* [http://www.esa.int/esaMI/Intellectual_Property_Rights/SEMQPQL26WD_0.html European Space agency's page on copyright and neighboring rights]
* [http://www.esa.int/esaMI/Intellectual_Property_Rights/SEMQPQL26WD_0.html European Space agency's page on copyright and neighboring rights]
* [http://en.wikipedia.org/wiki/Related_rights wikipedia article on "related rights"]
* [http://en.wikipedia.org/wiki/Related_rights Wikipedia article on "related rights"]
* [http://www.sunsonline.org/trade/areas/intellec/12230096.htm 1996 article "WIPO: COPYRIGHT, NEIGHBOURING RIGHTS IN DIGITAL AGE"]
* [http://www.sunsonline.org/trade/areas/intellec/12230096.htm 1996 article "WIPO: Copyright, Neighboring Rights in the Digital Age"]
* [http://archive.ifla.org/III/clm/p1/ilp.htm  IFL document "Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital Environment: An International Library Perspective]
* [http://archive.ifla.org/III/clm/p1/ilp.htm  IFL document "Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital Environment: An International Library Perspective]
* [http://www.ccaaa.org/copyright.shtml CCAAA statement on copyright and neighboring rights at the 13th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 21st-23rd November 2005]
* [http://www.ccaaa.org/copyright.shtml CCAAA statement on copyright and neighboring rights at the 13th session of the Standing Committee on Copyright and Related Rights, WIPO, Geneva, 21st-23rd November 2005]
* [http://portal.unesco.org/culture/en/files/30671/11443368003faq_en.pdf/faq_en.pdf UNESCO PDF "BASIC NOTIONS ABOUT COPYRIGHT AND NEIGHBOURING RIGHTS"]
* [http://portal.unesco.org/culture/en/files/30671/11443368003faq_en.pdf/faq_en.pdf UNESCO: "Basic Notions About Copyright And Neighbouring Rights"]
* [http://aei.pitt.edu/10636/01/74447_1.pdf PDF "copyright and Neighboring rights in the EU]
* [http://unjobs.org/tags/neighbouring-rights UN Jobs page on neighboring rights ( Swiss)]


==Open Access==
==Open Access==
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'''Open access is a term describing an information resource that is open to all.'''   
'''Open access is a term describing an information resource that is open to all.'''   


''It  also refers to a movement within the academic community dedicated to making scholarly research more accessible, rather than hidden behind a price or permission barriers.''
It  also refers to a movement within the academic community dedicated to making scholarly research more accessible, rather than hidden behind a price or permission barriers.
 
''“Open access” journals are not necessarily free, since they may charge a fee for maintenance costs,  or to compensate authors, but typically an open access resource is free to all to read and use.  Journals that ask for some payment are sometimes called “hybrid” access journals.''


''Harvard University recently adopted a policy where all of its faculty are permitted and encouraged to make their research available as open access.  The U.S. National Institutes of Health has an open access policy requiring all research conducted with public funding to make its results open access, at least after a short interval of exclusivity.''
“Open access” journals are not necessarily free, since they may charge a fee for maintenance costs,  or to compensate authors, but typically an open access resource is free to all to read and use.  Journals that ask for some payment are sometimes called “hybrid” access journals.


See also “commons”, “GNU-GPL”
Harvard University recently adopted a policy where all of its faculty are permitted and encouraged to make their research available as open access.  The U.S. National Institutes of Health has an open access policy requiring all research conducted with public funding to make its results open access, at least after a short interval of exclusivity.


'''Other Resources'''
''Other resources:''
* [http://www.doaj.org/ A directory of open access journals]
* [http://www.doaj.org/ A directory of open access journals]
* [http://www.biomedcentral.com BioMed Central, publisher of 198 peer-reviewed open access journals]
* [http://www.biomedcentral.com BioMed Central, publisher of 198 peer-reviewed open access journals]
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'''When a person must choose to do something, rather than it happening automatically.'''
'''When a person must choose to do something, rather than it happening automatically.'''


''Opt-in describes the default state any situation in which a user or participant has a choice of whether to do something or not, and where the default state is “not”.  That is, a person must explicitly and consciously choose to take part.  If no action is taken, the person will'' '''not''' ''participate, agree to terms, etc.''
Opt-in describes the default state any situation in which a user or participant has a choice of whether to do something or not, and where the default state is “not”.  That is, a person must explicitly and consciously choose to take part.  If no action is taken, the person will'' '''not''' ''participate, agree to terms, etc.


==“Opt-out”==
==“Opt-out”==
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'''When a person must choose to not do something, otherwise it will happen automatically.'''  
'''When a person must choose to not do something, otherwise it will happen automatically.'''  


''Opt-in describes the default state in any situation in which a user or participant has a choice of whether to do something or not, and the default state prior to any user involvement or active decision is “doing it”.''
Opt-out describes the default state in any situation in which a user or participant has a choice of whether to do something or not, and the default state prior to any user involvement or active decision is “doing it”.


''That is, unless the user consciously and deliberately decides to not agree, or participate, and chooses "no", the assumption going forward is that he or she agrees to the conditions proposed.''
That is, unless the user consciously and deliberately decides to not agree, or participate, and chooses "no", the assumption going forward is that he or she agrees to the conditions proposed.


==Original expression==
==Original expression==
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'''Original expression refers to a creator’s original, copyrightable, creative work.'''  
'''Original expression refers to a creator’s original, copyrightable, creative work.'''  


''This is in contrast to any later derivative works, other later work that in some way incorporates the original work, or work that isn’t original at all. Expression that is not original cannot qualify for copyright.''
This is in contrast to any later derivative works, other later work that in some way incorporates the original work, or work that isn’t original at all. Expression that is not original cannot qualify for copyright.
 
See also “derivative work”, “idea/ expression”


'''Other Resources'''
''Other resources:''


* [http://www.buildingipvalue.com/08_AP/226-228SudathPerera.pdf PDF of article "A right to original expression: the role of copyright law in modern industry" (Sri Lankan)]
* [http://www.buildingipvalue.com/08_AP/226-228SudathPerera.pdf Sri Lankan academic article: "A right to original expression: the role of copyright law in modern industry"]


==Orphan works==
==Orphan works==
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'''Orphan works are creative works that are still under copyright protection, but for which it is either impossible or prohibitively difficult to identify the copyright holder.'''  
'''Orphan works are creative works that are still under copyright protection, but for which it is either impossible or prohibitively difficult to identify the copyright holder.'''  


''This is most often a problem with photographs on the Internet, but arises with other types of works as well. Since the works are under copyright, permission is need to use them, but since the rights-holder cannot be found, no permission can be obtained.  This puts these works into a sort of limbo.  People want to make use of them, but usually won’t for fear of liability, and the works cannot pass into the public domain until the term of their copyright expires.''
This is most often a problem with photographs on the Internet, but arises with other types of works as well. Since the works are under copyright, permission is need to use them, but since the rights-holder cannot be found, no permission can be obtained.  This puts these works into a sort of limbo.  People want to make use of them, but usually won’t for fear of liability, and the works cannot pass into the public domain until the term of their copyright expires.
 
''The settlement with the Author’s Guild in the Google Book Search lawsuit contains controversial provisions for orphan works, although it does not refer to them by that term.  These terms are the subject of much debate and opposition worldwide.''


''Orphan works legislation has also been proposed at several different times in the U.S. Congress.''
The settlement with the Author’s Guild in the Google Book Search lawsuit contains controversial provisions for orphan works, although it does not refer to them by that term. These terms are the subject of much debate and opposition worldwide.


See also “commons”, “compulsory license”, “public domain”
Orphan works legislation has also been proposed at several different times in the U.S. Congress.


'''Other Resources'''
''Other resources:''


* [http://www.copyright.gov/orphan/ US Register of Copyright's article "The Importance of Orphan Works Legislation"]
* [http://www.copyright.gov/orphan/ US Register of Copyright's article: "The Importance of Orphan Works Legislation"]
* [http://www.copyright.gov/docs/regstat031308.html US Register of Copyright's statement to US Congress on orphan works]
* [http://www.copyright.gov/docs/regstat031308.html US Register of Copyright's statement to US Congress on orphan works]
* [http://www.wired.com/threatlevel/2008/09/orphan-works-co/ technology magazine article "‘Orphan Works’ Copyright Law Dies Quiet Death"]
* [http://www.wired.com/threatlevel/2008/09/orphan-works-co/ technology magazine article "‘Orphan Works’ Copyright Law Dies Quiet Death"]
* [http://blog.librarylaw.com/librarylaw/2009/04/google-book-settlement-orphan-works-and-foreign-works.html LibraryLaw blog post "Google Book Settlement, orphan works, and foreign works"]
* [http://blog.librarylaw.com/librarylaw/2009/04/google-book-settlement-orphan-works-and-foreign-works.html LibraryLaw blog post: "Google Book Settlement, orphan works, and foreign works"]
* [http://news.cnet.com/8301-1023_3-10300887-93.html News article "Google pushes for new law on orphan books"]
* [http://news.cnet.com/8301-1023_3-10300887-93.html News article "Google pushes for new law on orphan books"]
* [http://www.researchinformation.info/news/news_story.php?news_id=487 Article "Copyright law prevents access to millions of 'orphan works'"]
* [http://www.researchinformation.info/news/news_story.php?news_id=487 Article "Copyright law prevents access to millions of 'orphan works'"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1263361 US law review article "Recent Developments in US Copyright Law: Part I - 'Orphan' Works"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1263361 US law review article: "Recent Developments in US Copyright Law: Part I - 'Orphan' Works"]
* [http://www.law.duke.edu/cspd/pdf/cspdproposal.pdf PDF of "Orphan Works Analysis and Proposal" from the Center for the Study of the Public Domain. Duke Law School]
* [http://www.law.duke.edu/cspd/pdf/cspdproposal.pdf "Orphan Works Analysis and Proposal" from the Center for the Study of the Public Domain. Duke Law School]
* [http://www.nytimes.com/2008/05/20/opinion/20lessig.html Lawrence Lessig op-ed piece on orphan works]
* [http://www.nytimes.com/2008/05/20/opinion/20lessig.html Lawrence Lessig op-ed piece on orphan works]
* [http://www.mileproject.eu/orphanworks (Metadata Image Library Exploitation website's page on orphan works (EU)]
* [http://www.mileproject.eu/orphanworks Metadata Image Library Exploitation website's page on orphan works (EU)]
* [http://www.cepic.org/documents/reports/In_September_2008_the_US_Senate_passed_a_disputed_legislat_.pdf PDf "The Situation of Orphan Works In Europe"]
* [http://www.cepic.org/issues/industry_issues_downloads/2008/10/situation_orphan_works_eu CEPIC report: "The Situation of Orphan Works In Europe"]
* [http://www.cenl.org/docs/Report_Digital_Preservation_Orphan_Works_Out-of-Print_Works_Selected_Implementation_Issues_June07.pdf Digital Libraries Expert Group's "Report on Digital Preservation, Orphan Works, and Out-of-Print Works. Selected Implementation Issues]
* [http://www.cenl.org/docs/Report_Digital_Preservation_Orphan_Works_Out-of-Print_Works_Selected_Implementation_Issues_June07.pdf Digital Libraries Expert Group's "Report on Digital Preservation, Orphan Works, and Out-of-Print Works. Selected Implementation Issues]
* [http://en.wikipedia.org/wiki/Orphan_works wikipedia article on Orphan works]
* [http://en.wikipedia.org/wiki/Orphan_works Wikipedia article on Orphan works]
 
==“notice and takedown”==


'''“Notice and takedown”  refers to the particular sort of cease and desist letter associated with the United States’ Digital Millennium Copyright Act.'''
=="Notice and Takedown”==


''An Internet entity ( such as YouTube), upon receiving notice that it is hosting or otherwise making available a copyrighted work, can avoid liability for infringement by immediately taking down the copy of the work in question.''
'''“Notice and takedown”  refers to the particular sort of cease and desist letter associated with the U.S. Digital Millennium Copyright Act.'''  


''These notices are often criticized because their process strongly preferences rightsholders, who can effectively shut down any and all uses of their work, whether fair, permissible or not, since most posters will not bother to challenge a takedown notice with a counternotice.''
An Internet entity ( such as YouTube), upon receiving notice that it is hosting or otherwise making available a copyrighted work, can avoid liability for infringement by immediately taking down the copy of the work in question.


'''Other Resources'''
These notices are often criticized because their process strongly preferences rightsholders, who can effectively shut down any and all uses of their work, whether fair, permissible or not, since most posters will not bother to challenge a takedown notice with a counternotice.
* [http://www.chillingeffects.org/dmca512/faq.cgi#QID130  Chilling Effects FAQ on notice and takedown]
* [http://www.ivanhoffman.com/dmca.html US lawyer's article on DMCA notice and takedown]
* [http://digital-law-online.info/lpdi1.0/treatise34.html Digital Law Online: "Notice-and-Takedown Procedures"]
* [http://works.bepress.com/graeme_dinwoodie/41/ Academic paper "A Reverse Notice and Takedown Regime To Enable Fair Uses of Technically Protected Copyrighted Works (with J. Reichman & P. Samuelson)"]
* [http://creativecommons.org/dmca/ Creative Commons page on DMCA notice and takedown]
* [http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act Wikipedia page on Online Copyright Infringement Liability Limitation Act]
* [http://www.copyright.gov/legislation/dmca.pdf  US Government PDF on DMCA]
* [http://www4.law.cornell.edu/uscode/17/512.html Text of DMCA Section 512]


==Counternotice ==
====Counternotice ====


'''The response to a DMCA takedown notice.'''
'''The response to a DMCA takedown notice.'''


''A counternotice is the action taken by the person who originally posted the work that was taken down under a DMCA Section 512 “notice and takedown”.  If the poster believes that the work was used legitimately, they can inform the host, who then are required to put it back up, and notify the alleged rightsholder that the copyright has been challenged.''
A counternotice is the action taken by the person who originally posted the work that was taken down under a DMCA Section 512 “notice and takedown”.  If the poster believes that the work was used legitimately, he or she can inform the host, who is then are required to put it back up and notify the alleged rightsholder that the copyright has been challenged.


''The process for challenging takedowns with a counterntice is much more time-consuming and lengthy than that for a takedown itself, leading some to criticize the system as unfairly favoring alleged rights-holders, creating a legal avenue for private censorship of speech, and confronting Internet hosting sites with skewed incentives.''
The process for challenging takedowns with a counterntice is much more time-consuming than that for a takedown itself, leading some to criticize the system as unfairly favoring alleged rights-holders, creating a legal avenue for private censorship of speech, and confronting Internet hosting sites with skewed incentives.


See also “counternotification”
====“Putback”====


'''Other Resources'''
'''When a website that took content down in response to a DMCA takedown notice puts it back up after receiving a counternotice.'''
 
“Putback” refers to when an Internet content host, such as YouTube, having received a “notice and takedown” and then a “counternotice”, puts the possibly infringing content back online, pending a review of its copyright status.


''Other Resources''
* [http://www.chillingeffects.org/dmca512/faq.cgi#QID130  Chilling Effects FAQ on notice and takedown]
* [http://www.ivanhoffman.com/dmca.html US lawyer's article on DMCA notice and takedown]
* [http://digital-law-online.info/lpdi1.0/treatise34.html Digital Law Online: "Notice-and-Takedown Procedures"]
* [http://works.bepress.com/graeme_dinwoodie/41/ Academic paper: "A Reverse Notice and Takedown Regime To Enable Fair Uses of Technically Protected Copyrighted Works (with J. Reichman & P. Samuelson)"]
* [http://creativecommons.org/dmca/ Creative Commons page on DMCA notice and takedown]
* [http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act Wikipedia page on Online Copyright Infringement Liability Limitation Act]
* [http://www.copyright.gov/legislation/dmca.pdf  US Government report on DMCA]
* [http://www4.law.cornell.edu/uscode/17/512.html Text of DMCA Section 512]
* [http://www.chillingeffects.org/dmca512/faq.cgi#QID132 Chilling Effects FAQ on counternotices]
* [http://www.chillingeffects.org/dmca512/faq.cgi#QID132 Chilling Effects FAQ on counternotices]
* [http://www.chillingeffects.org/dmca/counter512.pdf  PDF of a counternotice]
* [http://www.chillingeffects.org/dmca/counter512.pdf  PDF of a counternotice]
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* [http://www.chillingeffects.org/responses/notice.cgi?NoticeID=360 Chilling Effects example of a counternotice]
* [http://www.chillingeffects.org/responses/notice.cgi?NoticeID=360 Chilling Effects example of a counternotice]
* [http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=59826 YouTube's help page on counternotices]
* [http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=59826 YouTube's help page on counternotices]
==“putback”==
'''When a website that took content down in response to a DMCA takedown notice puts it back up after receiving a counternotice.'''
''“Putback” refers to when an Internet content host, such as YouTube, having received a “notice and takedown” and then a “counternotice”, puts the possibly infringing content back online, pending a review of its copyright status.''
See also “notice and takedown”, “counter-notice”
'''Other Resources'''
* [http://www.chillingeffects.org/dmca512/faq.cgi#QID132 Chilling Effects FAQ about putback procedures]
* [http://www.chillingeffects.org/dmca512/faq.cgi#QID132 Chilling Effects FAQ about putback procedures]
* [http://www.thelaw.com/guide/writing-a-dmca-counter-reply-put-back-notice/ Legal advice website's "Writing a DMCA Counter-Reply Put Back Notice"]
* [http://www.thelaw.com/guide/writing-a-dmca-counter-reply-put-back-notice/ Legal advice website's "Writing a DMCA Counter-Reply Put Back Notice"]
* [http://www.dyniam.com/marketing-blog/what-to-do-when-google-bans-your-site-because-of-a-bogus-dmca-take-down-notice/ Marketing website's page "What To Do When Google Bans Your Site Because Of A Bogus DMCA Take-Down Notice"]
* [http://www.dyniam.com/marketing-blog/what-to-do-when-google-bans-your-site-because-of-a-bogus-dmca-take-down-notice/ Marketing website's page "What To Do When Google Bans Your Site Because Of A Bogus DMCA Take-Down Notice"]
* [http://www.bowdoin.edu/copyright/pdf/notice_692003.pdf PDf of Bowdoin College's DMCA procedures]
* [http://www.bowdoin.edu/copyright/pdf/notice_692003.pdf PDf of Bowdoin College's DMCA procedures]
* [http://mylaw.usc.edu/documents/512Rep/  Academic paper "Efficient Process or “Chilling Effects”? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act"]
* [http://mylaw.usc.edu/documents/512Rep/  Academic paper: "Efficient Process or “Chilling Effects”? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act"]


==Perform==
==Perform==
'''Making it possible for others to simultaneously experience a copyrighted work.'''  
'''Making it possible for others to simultaneously experience a copyrighted work.'''  


''The right to perform a work publicly is one of the basic rights granted to a copyright holder.  Public performance covers a wide range of activity, and the law addressing this tends to be quite complex and fact specific.  Putting on a play, reading a book aloud to an audience, or playing a music recording at a club are all public performances.''
The right to perform a work publicly is one of the basic rights granted to a copyright holder.  Public performance covers a wide range of activity, and the law addressing this tends to be quite complex and fact specific.  Putting on a play, reading a book aloud to an audience, or playing a music recording at a club are all public performances.
    
    
''The limits of the ability or right of a rightsholder to control public performances can under scrutiny in 2009 when, among other incidents, a representative of ASCAP, the American Society for Composers, Artists and Performers asserted his belief that ASCAP should be able to charge licensing fees for cell-phone ring-tones, since whenever the phone rang it was a “public performance” of the underlying musical work.  Critics accused ASCAP of merely trying to get a piece of the lucrative ringtone market.''
The limits of the ability or right of a rightsholder to control public performances can under scrutiny in 2009 when, among other incidents, a representative of ASCAP, the American Society for Composers, Artists and Performers asserted his belief that ASCAP should be able to charge licensing fees for cell-phone ring-tones, since whenever the phone rang it was a “public performance” of the underlying musical work.  Critics accused ASCAP of merely trying to get a piece of the lucrative ringtone market.
 
''In another controversial episode, The Authors Guild of America asserted that the text-to-speech function of the Amazon Kindle e-book reader constituted a public performance when it was activated, since the book was “read” aloud.  Although Amazon asserted that the text-to-speech function was completely legal, it nevertheless acquiesced to authors’ demands by making the function work on a title by title basis.  Some publishers immediately chose to disable that function for their e-books.  Both Amazon’s actions and those of the publishers drew heavy criticism from disabled persons’ rights groups.''


In another controversial episode, The Authors Guild of America asserted that the text-to-speech function of the Amazon Kindle e-book reader constituted a public performance when it was activated, since the book was “read” aloud.  Although Amazon asserted that the text-to-speech function was completely legal, it nevertheless acquiesced to authors’ demands by making the function work on a title by title basis.  Some publishers immediately chose to disable that function for their e-books.  Both Amazon’s actions and those of the publishers drew heavy criticism from disabled persons’ rights groups.


'''Other Resources'''
''Other resources:''


* [http://arstechnica.com/tech-policy/news/2009/07/telcos-and-reform-groups-slam-ascap-on-ringtone grab.ars Technology blog article on ringtone controversy]
* [http://arstechnica.com/tech-policy/news/2009/07/telcos-and-reform-groups-slam-ascap-on-ringtone-grab.ars Technology blog article on ringtone controversy]
* [http://arstechnica.com/media/news/2009/06/ringing-up-cash-ascap-suing-att-for-ringtone-performance.ars Another technology blog article on ringtone controversy]
* [http://arstechnica.com/media/news/2009/06/ringing-up-cash-ascap-suing-att-for-ringtone-performance.ars Another technology blog article on ringtone controversy]
* [http://www.eff.org/press/archives/2009/07/02 EFF article on ringtone controversy]
* [http://www.eff.org/press/archives/2009/07/02 EFF article on ringtone controversy]
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==Piracy==
==Piracy==


'''Broadly, any infringement of copyright by copying.  Copyright-related theft.'''
'''Broadly, any infringement of copyright by copying, or copyright-related theft.'''


''Despite the images it may evoke of ocean-going sword-wielding bearded villains, when it comes to copyright law, piracy is a catch-all term, used to describe many different sorts of copyright infringement, and all types of illegal copying.''
Despite the images it may evoke of ocean-going bearded villains with swords, when it comes to copyright law, piracy is a catch-all term, used to describe many different sorts of copyright infringement and all types of illegal copying.


''Some analysts have pointed to and criticized a semantic trend from using piracy to describe only large-scale copying for commercial gain to using, to describe any unauthorized of copying.''
Some analysts have pointed to and criticized a semantic trend from using piracy to describe only large-scale copying for commercial gain to using, to describe any unauthorized of copying.


''But, the fact remains that common usage uses the term  piracy to describe not only organizations making hundreds of thousands of counterfeit DVDs,  but also to describe peer-to-peer file sharing and at-home, individual personal copying, which may or may not be fair use, depending on who is doing the analysis.''
But, the fact remains that common usage uses the term  piracy to describe not only organizations making hundreds of thousands of counterfeit DVDs,  but also to describe peer-to-peer file sharing and at-home, individual personal copying, which may or may not be fair use, depending on who is doing the analysis.


''The content industry sees illegal copying as a very serious threat, which may account for their routine usage of such a loaded word, perhaps in an attempt to impute the traits of the very worst sorts of copying to all of it.''
The content industry sees illegal copying as a very serious threat, which may account for their routine usage of such a loaded word, perhaps in an attempt to impute the traits of the very worst sorts of copying to all of it.


'''Other Resources'''
''Other resources''


* [http://www.chillingeffects.org/piracy/ Chilling Effects page on piracy]
* [http://www.chillingeffects.org/piracy/ Chilling Effects page on piracy]
* [http://www.chillingeffects.org/piracy/faq.cgi  Chilling Effects FAQ on piracy]
* [http://www.chillingeffects.org/piracy/faq.cgi  Chilling Effects FAQ on piracy]
* [http://www.copyright.gov/docs/regstat052505.html US Register of Copyright's statement to Congress on piracy]
* [http://www.copyright.gov/docs/regstat052505.html US Register of Copyright's statement to Congress on piracy]
* [http://www.publishersweekly.com/article/CA6672109.html?rssid=192 Article "Copyright Industries Warn Against Piracy Threat"]
* [http://www.publishersweekly.com/article/CA6672109.html?rssid=192 Article: "Copyright Industries Warn Against Piracy Threat"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=443160 Academic paper "Four Common Misconceptions About Copyright Piracy"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=443160 Academic paper: "Four Common Misconceptions About Copyright Piracy"]
* [http://books.google.com/books?id=0iau-RT8eEsC&dq=copyright+piracy&printsec=frontcover&source=in&hl=en&ei=sZ94SuqnG8OMtgeMiNGWCQ&sa=X&oi=book_result&ct=result&resnum=18#v=onepage&q=copyright%20piracy&f=false Google Book: The Politics of Piracy: Intellectual property in contemporary China by Andrew Mertha]
* [http://books.google.com/books?id=0iau-RT8eEsC&dq=copyright+piracy&printsec=frontcover&source=in&hl=en&ei=sZ94SuqnG8OMtgeMiNGWCQ&sa=X&oi=book_result&ct=result&resnum=18#v=onepage&q=copyright%20piracy&f=false Google Book: The Politics of Piracy: Intellectual property in contemporary China by Andrew Mertha]
* [http://www.copynot.com/ Anti-piracy website]
* [http://www.copynot.com/ Anti-piracy website]
* [http://www.gnu.org/philosophy/words-to-avoid.html#Piracy GNU "Words to avoid" entry on piracy]  
* [http://www.gnu.org/philosophy/words-to-avoid.html#Piracy GNU "Words to avoid" entry on piracy]  
* [http://www.macobserver.com/tmo/article/iphone_app_piracy/ news article "iPhone App Piracy"]
* [http://www.macobserver.com/tmo/article/iphone_app_piracy/ News article about "iPhone App Piracy"]
* [http://tim.oreilly.com/pub/a/p2p/2002/12/11/piracy.html Article "Piracy is Progressive Taxation, and Other Thoughts on the Evolution of Online Distribution"]
* [http://tim.oreilly.com/pub/a/p2p/2002/12/11/piracy.html Article: "Piracy is Progressive Taxation, and Other Thoughts on the Evolution of Online Distribution"]


==Plagiarism==
==Plagiarism==
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'''The use of another’s work without citation or accreditation, with the intent of passing it off as one’s own. '''  
'''The use of another’s work without citation or accreditation, with the intent of passing it off as one’s own. '''  


''Plagiarism is a type of copying, but is not necessarily copyright infringement.  Therefore, it would be possible to have a situation in which use of someone else’s work was not a copyright infringement ( the use was fair, the work was in the public domain, the user had permission) but was still plagiarism, because the user did not acknowledge the true author of the work in question.  Although such a use would be legal, it would be unethical.''
Plagiarism is a type of copying, but is not necessarily copyright infringement.  Therefore, it would be possible to have a situation in which use of someone else’s work was not a copyright infringement (the use was fair, the work was in the public domain, the user had permission) but was still plagiarism, because the user did not acknowledge the true author of the work in question.  Although such a use would be legal, it would be unethical.


''Copying and giving appropriate credit is not plagiarism, but could still be copyright infringement.''
Copying and giving appropriate credit is not plagiarism, but could still be copyright infringement.


'''Other Resources'''
''Other resources:''


* [http://www.pddoc.com/copyright/plagiarism.htm Legal information website's article "Copyright and Plagiarism: What's the Difference?"]
* [http://www.pddoc.com/copyright/plagiarism.htm Legal information website's article: "Copyright and Plagiarism: What's the Difference?"]
* [http://www.transcendentalists.com/plagiarism_and_copyright.htm List of resources on plagiarism and copyright]
* [http://www.transcendentalists.com/plagiarism_and_copyright.htm List of resources on plagiarism and copyright]
* [http://www.plagiarismchecker.com/plagiarism-vs-copyright.php PLagiarismChecker.com article: "Plagiarism and Copyright Infringement: Is Copying Illegal?"]
* [http://www.plagiarismchecker.com/plagiarism-vs-copyright.php PLagiarismChecker.com article: "Plagiarism and Copyright Infringement: Is Copying Illegal?"]
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* [http://www.eucopyright.org/plagiarism/ EU Copyright.org article "Plagiarism Judo - a clever remedy?"]
* [http://www.eucopyright.org/plagiarism/ EU Copyright.org article "Plagiarism Judo - a clever remedy?"]


==Public domain==
==Public Domain==


'''The great mass of creative work to which no one holds copyright.  The world’s common cultural heritage.'''
'''The great mass of creative work to which no one holds copyright.  The world’s common cultural resources and heritage.'''


''In copyright law, the public domain can be thought of as those creative works  to which everyone has access, and over which no one has exclusive control. Some works in the public domain were created prior to any formal legal system of copyright.  Some works in the public domain were once under copyright, but the term of those copyrights has expired, allowing the work to pass into the public domain.  The length of time before a work passes into the public domain depends on when a work was created, and the copyright regime in place at the time.''
In copyright law, the public domain can be thought of as those creative works  to which everyone has access, and over which no one has exclusive control. Some works in the public domain were created prior to any formal legal system of copyright.  Some works in the public domain were once under copyright, but the term of those copyrights has expired, allowing the work to pass into the public domain.  The length of time before a work passes into the public domain depends on when a work was created, and the copyright regime in place at the time.


''The public domain has been an issue in several recent copyright controversies, including the Google Book Search settlement and a German man who was uploading photographs of public domain artworks to Wikipedia''
The public domain has been an issue in several recent copyright controversies, including the Google Book Search settlement and a German man who was uploading photographs of public domain artworks to Wikipedia


===Dedication to===
====Dedication To====


'''A creator can, if he or she wants to, choose to waive the copyright in his or her work by deliberately dedicating it to the public domain.  Once this is done, the creator can no longer claim the privileges conferred by copyright, and any member of the public may make use of the work.'''
A creator can, if he or she wants to, choose to waive the copyright in his or her work by deliberately dedicating it to the public domain.  Once this is done, the creator can no longer claim the privileges conferred by copyright, and any member of the public may make use of the work.


'''Other Resources'''
''Other resources:''


* [http://www.librarycopyright.net/digitalslider/ "Is it protected by copyright?" -interactive tool for US law]
* [http://www.librarycopyright.net/digitalslider/ "Is it protected by copyright?" -interactive tool for US law]
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* [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/8-a.html Stanford University Libraries "Welcome to the Public Domain"]
* [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/8-a.html Stanford University Libraries "Welcome to the Public Domain"]
* [http://www.copyright.cornell.edu/resources/publicdomain.cfm Copyright Term and the Public Domain in the United States]
* [http://www.copyright.cornell.edu/resources/publicdomain.cfm Copyright Term and the Public Domain in the United States]
* [http://books.google.com/books?id=fRY4QBpLFGQC&pg=PT44&lpg=PT44&dq=public+domain&source=bll&ots=o8TaPQZssW&sig=8Iqatu2EmrZKWMGVwoGiVDBt5a4&hl=en&ei=2-F4SsmCGY2utgf2g9GWCQ&sa=X&oi=book_result&ct=result&resnum=15#v=onepage&q=&f=false Google Book: Public Domain – Stephen Fishman ]
* [http://www.unc.edu/~unclng/public-d.htm A chart for determining when a work is in the public domain]
* [http://www.unc.edu/~unclng/public-d.htm A chart for determining when a work is in the public domain]
* [http://creativecommons.org/licenses/publicdomain/ Creative Commons webpage "Copyright-Only Dedication*  (based on United States law) or Public Domain Certification"]
* [http://creativecommons.org/licenses/publicdomain/ Creative Commons webpage "Copyright-Only Dedication*  (based on United States law) or Public Domain Certification"]
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* [http://en.wikipedia.org/wiki/Public_domain  Wikipedia article on public domain]
* [http://en.wikipedia.org/wiki/Public_domain  Wikipedia article on public domain]


==Public performanceDisplay==
==Public Performance or Display==
'''A copyrighted work is publicly displayed if the public has access to it.'''
'''A copyrighted work is publicly displayed if the public has access to it.'''


''The right to publicly display or perform a creative work is one of the fundamental rights granted to a copyright holder.  A work is publicly displayed or performed if the public can view it. Whether the public has to pay is not an issue.''
The right to publicly display or perform a creative work is one of the fundamental rights granted to a copyright holder.  A work is publicly displayed or performed if the public can view it. Whether the public has to pay is not an issue.


''U.S. Copyright Act, Section 101 states:''
U.S. Copyright Act, Section 101 states:


“To perform or display a work “publicly” means   
“To perform or display a work “publicly” means   
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(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
  
  
''So, a painting on the wall of someone’s home is not publicly displayed, but a painting on the wall of City Hall is.  When the work in question is an outdoor artwork, or a building, things can become difficult to determine.  There is also the question of whether a search engine is publicly displaying works when it shows thumbnail images.''
So, a painting on the wall of someone’s home is not publicly displayed, but a painting on the wall of City Hall is.  When the work in question is an outdoor artwork, or a building, things can become difficult to determine.  There is also the question of whether a search engine is publicly displaying works when it shows thumbnail images.
 
See also “public performance”


'''Other Resources'''
''Other resources:''


* [http://www.bitlaw.com/copyright/scope.html#display BitLaw entry on "public display"]
* [http://www.bitlaw.com/copyright/scope.html#display BitLaw entry on "public display"]
* [http://www.utexas.edu/law/faculty/treese/Illinois.pdf Law review article "THE PUBLIC DISPLAY RIGHT: THE COPYRIGHT ACT’S NEGLECTED SOLUTION TO THE CONTROVERSY OVER RAM “COPIES”"]
* [http://www.utexas.edu/law/faculty/treese/Illinois.pdf Law review article: "The public display right: the Copyright Act's neglected solution to the controversy over RAM 'copes'"]
* [http://www.gseis.ucla.edu/iclp/oct96.html Article: "New Directions in Cyberspace Law"]
* [http://www.gseis.ucla.edu/iclp/oct96.html Article: "New Directions in Cyberspace Law"]
* [http://www.quizlaw.com/copyrights/what_is_the_right_of_public_di.php QuizLaw: "What is the right of public display?"]
* [http://www.quizlaw.com/copyrights/what_is_the_right_of_public_di.php QuizLaw: "What is the right of public display?"]
* [http://www.arl.org/bm~doc/crs_rl33810.pdf  PDF of US Congressional Research Service report "Internet Search Engines: Copyright’s “Fair Use” in Reproduction and Public Display Rights"]
* [http://www.arl.org/bm~doc/crs_rl33810.pdf  PDF of US Congressional Research Service report "Internet Search Engines: Copyright’s “Fair Use” in Reproduction and Public Display Rights"]
* [http://itlaw.wikia.com/wiki/Public_display IT LAw wiki entry on "public display"]
* [http://itlaw.wikia.com/wiki/Public_display IT Law wiki entry on "public display"]


==Registration==
==Registration==
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'''Formally obtaining copyright protections for a creative work by notifying the copyright office that it exists.'''
'''Formally obtaining copyright protections for a creative work by notifying the copyright office that it exists.'''


''In U.S. copyright law, although a creative work receives copyright at the moment it is fixed in a tangible form, a copyright holder cannot file suit against an alleged infringer without officially registering the work with the copyright office.''
In U.S. copyright law, although a creative work receives copyright at the moment it is fixed in a tangible form, a copyright holder cannot file suit against an alleged infringer without officially registering the work with the copyright office.
''The Berne convention does not require registration, or any other official formalities.''
 
The Berne Convention does not require registration, or any other official formalities.
 
''See also:''


See also  “formalities”
* [[Glossary#.28legal.29_Formalities|Formalities]]


'''Other Resources'''
''Other resources:''


* [http://www.copyright.gov/register/ US Government's copyright website page on registration]
* [http://www.copyright.gov/register/ US Government's copyright website page on registration]
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==Relief==
==Relief==


'''What a court grants a rightsholder who has won an infringement lawsuit.'''
'''What a court grants a rightsholder who has won an infringement lawsuit.'''


''When a copyright lawsuit is resolved in favor of the  rightsholder, a court will then grant them relief  -- relief from the harm which they have suffered as a result of the infringement''
When a copyright lawsuit is resolved in favor of the  rightsholder, a court will then grant them relief  -- relief from the harm which they have suffered as a result of the infringement


====Injunctive====
====Injunctive====
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'''Injunctive relief occurs when a court issues an injunction or a restraining order against an infringer.'''   
'''Injunctive relief occurs when a court issues an injunction or a restraining order against an infringer.'''   


''The injunction might order that infringing content be removed from display, or that extant illegal copies be collected and destroyed, or whatever measures the court finds appropriate.''
The injunction might order that infringing content be removed from display, or that extant illegal copies be collected and destroyed, or whatever measures the court finds appropriate.
====Statutory====
====Statutory====
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'''Statutory relief is relief according whatever provisions for relief exist explicitly in statute.'''
'''Statutory relief is relief according whatever provisions for relief exist explicitly in statute.'''


''These could include damage awards, criminal punishment or more.''
These could include damage awards, criminal punishment or more.


See also “damages”
==Religious Legal System==


==Religious legal system==
'''A religious legal system is one where the law is based on the tenets of a particular religion.'''


'''A religious legal system is one where the law is based on the tenets of a particular religion.'''
Some religious legal systems exist on their own, while some exist in conjunction with another legal system.
Sharia, the system of religiously inspired Islamic law, is an example of a religious legal system, as are Hindu law and Halakha or Jewish law.


''Some religious legal systems exist on their own, while some exist in conjunction with another legal system.
''See also:''
Sharia, ''the system of religiously inspired Islamic law, is an example of a religious legal system, as are Hindu law and ''Halakha,''(Jewish law).''


See also  “Common Law”  and “Civil law”
* [[Glossary#Common_Law|Common Law]]
* [[Glossary#Civil_Law|Civil Law]]


'''Other Resources'''
''Other resources:''


* [http://nyugloballaw.com/globalex/Religious_Legal_Systems.htm Academic paper "Religious Legal Systems: A Brief Guide to Research and Its Role in Comparative Law"]
* [http://nyugloballaw.com/globalex/Religious_Legal_Systems.htm Academic paper "Religious Legal Systems: A Brief Guide to Research and Its Role in Comparative Law"]
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'''The rights a creator, copyright holder, the public or member of the public has as a result of copyright.'''
'''The rights a creator, copyright holder, the public or member of the public has as a result of copyright.'''


''Copyright grants its holder various exclusive rights as part of its limited time monopoly. These rights can be usefully divided into economic rights and moral rights.  In addition, as part of the copyright “bargain” the public gains certain rights in a copyrighted work as well. A list of these rights follows.'' 
Copyright grants its holder various exclusive rights as part of its limited time monopoly. These rights can be usefully divided into economic rights and moral rights.  In addition, as part of the copyright “bargain” the public gains certain rights in a copyrighted work as well. A list of these rights follows.


====Right of Integrity ====
====Right of Integrity ====
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The right to prevent the destruction or defacement of a creative work, or to object to any changes made to a creative work
The right to prevent the destruction or defacement of a creative work, or to object to any changes made to a creative work


''Most often seen in the context of a painting or sculpture.  For example, the rights to a piece of art on display.''
Most often seen in the context of a painting or sculpture.  For example, the rights to a piece of art on display.


====Right of attribution ====
====Right of Attribution ====


The right to be known as the creator of a particular creative work, to be given appropriate credit for one’s creations, and not to be blamed for things one did not create.
The right to be known as the creator of a particular creative work, to be given appropriate credit for one’s creations, and not to be blamed for things one did not create.


====Right of disclosure ====
====Right of Disclosure ====


The right to determine when and if a work shall be made public.
The right to determine when and if a work shall be made public.


====The right of reproduction====
====Right of Reproduction====


The right to make copies of a work.  
The right to make copies of a work.  


====The right of adaptation ====
====Right of Adaptation ====


The right  to make derivative works.
The right  to make derivative works.


====Right of distribution ====  
====Right of Distribution ====  


The right to sell, export or import a work or copies of a work.
The right to sell, export or import a work or copies of a work.


====Right of public performance and display====
====Right of Public Performance and Display====


Self explanatory. See "public performance and display"
The right to perform or display a work in public.


====Right of withdrawal====
====Right of Withdrawal====


The right to withdraw a work from the public sphere.
The right to withdraw a work from the public sphere.


''Most commonly seen with artworks of which only a single copy exists  but also sometimes seen as a right to purchase extant copies of a creative work at a reduced rate.  For example, a book a writer no longer wants on the market.''
Most commonly seen with artworks of which only a single copy exists  but also sometimes seen as a right to purchase extant copies of a creative work at a reduced rate.  For example, a book a writer no longer wants on the market.
 
====Right of access====
====Right of Access====


The right of the public to have access to a published copyrighted work.
The right of the public to have access to a published copyrighted work.


''This particular right is actually not a right of the copyright holder, but rather of the public.  In return for granting the creator the various copyrights, arguably at the expense of the public, the public gains access to the work.''
This particular right is actually not a right of the copyright holder, but rather of the public.  In return for granting the creator the various copyrights, arguably at the expense of the public, the public gains access to the work.


'''Other Resources'''
''Other resources:''


* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=270861 Law review article "Copyright in the EU and U.S.: What 'Access-Right'?]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=270861 Law review article: "Copyright in the EU and U.S.: What 'Access-Right'?]
* [http://www.reuters.com/article/pressRelease/idUS85594+01-May-2009+PRN20090501 Reuters article "Right of Access in Germany Affects Only Serious Breaches of Copyright"]  
* [http://www.reuters.com/article/pressRelease/idUS85594+01-May-2009+PRN20090501 Reuters article: "Right of Access in Germany Affects Only Serious Breaches of Copyright"]  
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1199122 Working paper "Access-Right: An Inquiry into the Problem of Digital Copyright Law "]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1199122 Working paper: "Access-Right: An Inquiry into the Problem of Digital Copyright Law "]
* [http://www.ip-watch.org/weblog/2009/04/24/eu-stakeholders-debate-copyright-access-and-rewarding-artists-in-digital-age/ IP Watch article "EU Stakeholders Debate Copyright, Access And Artists In Digital Age "]
* [http://www.ip-watch.org/weblog/2009/04/24/eu-stakeholders-debate-copyright-access-and-rewarding-artists-in-digital-age/ IP Watch article: "EU Stakeholders Debate Copyright, Access And Artists In Digital Age "]
* [http://www.springerlink.com/content/facjg59bahexvj3g/ Book chapter "Copyright Dilemma: Access Right as a Postmodern Symbol of Copyright Deconstruction?"]
* [http://www.springerlink.com/content/facjg59bahexvj3g/ Book chapter: "Copyright Dilemma: Access Right as a Postmodern Symbol of Copyright Deconstruction?"]
* [http://informationr.net/ir/10-3/paper230.html  Academic paper "Intellectual property rights vs. public access rights: ethical aspects of the DeCSS decryption program"]
* [http://informationr.net/ir/10-3/paper230.html  Academic paper: "Intellectual property rights vs. public access rights: ethical aspects of the DeCSS decryption program"]
* [http://www.allacademic.com/meta/p_mla_apa_research_citation/2/5/5/2/5/p255259_index.html Academic paper "Copyright and Access to Knowledge in a Human Rights Framework"]
* [http://www.allacademic.com/meta/p_mla_apa_research_citation/2/5/5/2/5/p255259_index.html Academic paper: "Copyright and Access to Knowledge in a Human Rights Framework"]
* [http://cyberlaw.stanford.edu/node/5446 Stanford Center for Internet& Society article "Access-Right and Copyright Presentation"]
* [http://cyberlaw.stanford.edu/node/5446 Stanford Center for Internet & Society article: "Access-Right and Copyright Presentation"]
* [http://books.google.com/books?id=pTIS8HWvNOgC&pg=PA69&lpg=PA69&dq=copyright+right+of+access&source=bl&ots=p7NjKS9Mh4&sig=_dt0GWcNN8yG8PkzcxWI-ovVSus&hl=en&ei=mfJ4Ss2aI8awtgfkttWWCQ&sa=X&oi=book_result&ct=result&resnum=9#v=onepage&q=&f=false Google Book: The nature of copyright by Lyman Ray Patterson & Stanley W. Lindberg]
* [http://books.google.com/books?id=pTIS8HWvNOgC&pg=PA69&lpg=PA69&dq=copyright+right+of+access&source=bl&ots=p7NjKS9Mh4&sig=_dt0GWcNN8yG8PkzcxWI-ovVSus&hl=en&ei=mfJ4Ss2aI8awtgfkttWWCQ&sa=X&oi=book_result&ct=result&resnum=9#v=onepage&q=&f=false Google Book: The nature of copyright by Lyman Ray Patterson & Stanley W. Lindberg]


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'''The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations'''
'''The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations'''
   
   
''The Rome Convention is an international copyright agreement specifically addressing the rights of three groups.  These groups are: performers, the producers of sound recordings, and the broadcasters of broadcasts, all of whom receive protection for their efforts, especially against acts to which they have not consented, like being recorded. First done in 1961, the convention attempts to offer specific protection for creative work that might otherwise not qualify for copyright, usually because of its transitory nature.''
The Rome Convention is an international copyright agreement specifically addressing the rights of three groups.  These groups are: performers, the producers of sound recordings, and the broadcasters of broadcasts, all of whom receive protection for their efforts, especially against acts to which they have not consented, like being recorded. First done in 1961, the convention attempts to offer specific protection for creative work that might otherwise not qualify for copyright, usually because of its transitory nature.
 
''See also:''


See also “neighboring rights”, “fixation”
* [[Glossary#Neighboring_Rights|Neighboring Rights]]


'''Other Resources'''
''Other resources:''
* [http://www.wipo.int/treaties/en/ip/rome/trtdocs_wo024.html WIPO's text of convention]
* [http://www.wipo.int/treaties/en/ip/rome/trtdocs_wo024.html WIPO's text of convention]
* [http://www.wipo.int/treaties/en/ip/rome/ WIPO's Rome convention page]
* [http://www.wipo.int/treaties/en/ip/rome/ WIPO's Rome convention page]
* [http://books.google.com/books?id=O3qZ1IGA-rwC&dq=copyright+Rome+convention&printsec=frontcover&source=bl&ots=5IrusYr31V&sig=eXvuA59uM_atuSzKx77T8IhlexU&hl=en&ei=MY15SoPZApOUtgeEiNiWCQ&sa=X&oi=book_result&ct=result&resnum=7#v=onepage&q=copyright%20Rome%20co&f=false Google Books text of convention]
* [http://www.wipo.int/treaties/en/ip/rome/summary_rome.html WIPO Summary of Rome Convention]
* [http://www.wipo.int/treaties/en/ip/rome/summary_rome.html WIPO Summary of Rome Convention]
* [http://www.statemaster.com/encyclopedia/Rome-Convention Web encyclopedia entry on Rome convention]
* [http://www.statemaster.com/encyclopedia/Rome-Convention Web encyclopedia entry on Rome convention]
* [http://www.unesco.org/search/search_en.html?cx=000136296116563084670:h14j45a1zaw&cof=FORID%3A9&ie=UTF-8&q=rome%20convention#1172 UNESCO resources on Rome Convention]
* [http://www.unesco.org/search/search_en.html?cx=000136296116563084670:h14j45a1zaw&cof=FORID%3A9&ie=UTF-8&q=rome%20convention#1172 UNESCO resources on Rome Convention]
* [http://www.kipo.ke.wipo.net/clea/en/details.jsp?id=2031 WIPO page re: Rome convention for Guatemala]
* [http://www.kipo.ke.wipo.net/clea/en/details.jsp?id=2031 WIPO page re: Rome convention for Guatemala]
* [http://ompi.ch/clea/en/details.jsp?id=2862 WIPO page re: Rome convention for Lithuania]
* [http://ompi.ch/clea/en/details.jsp?id=2862 WIPO page regarding convention for Lithuania]
* [http://unesdoc.unesco.org/images/0013/001397/139776E.pdf PDF of 2005 Intergovernmental committee meeting on Rome Convention]
* [http://unesdoc.unesco.org/images/0013/001397/139776E.pdf PDF of 2005 Intergovernmental committee meeting on Rome Convention]
* [http://www.thefreelibrary.com/Rome+Convention+on+the+law+applicable+to+contractual+obligations...-a0149936237 News article about Rome Convention's force in Latvia]
* [http://www.thefreelibrary.com/Rome+Convention+on+the+law+applicable+to+contractual+obligations...-a0149936237 News article about Rome Convention's force in Latvia]
* [http://en.wikipedia.org/wiki/Rome_Convention_for_the_Protection_of_Performers,_Producers_of_Phonograms_and_Broadcasting_Organisations Wikipedia article on Rome Convention]
* [http://en.wikipedia.org/wiki/Rome_Convention_for_the_Protection_of_Performers,_Producers_of_Phonograms_and_Broadcasting_Organisations Wikipedia article on Rome Convention]


==Rotisserie==
'''Rotisserie is a software platform for distance learning, and is the platform on which this distance-learning curriculum is built.''' 
''Rotisserie was designed to be an improvement from superficially software platforms such as Blackboard with respect to the way it handles conversations and threads, and allows users to participate more effectively in online discussions.'' 
''“In contrast to the completely asynchronous, broadcast-to-broadcast mode of existing threaded messaging systems, the Rotisserie adds structure to both the timing and the flow of the discussion. The timing of the discussion is broken into semi-synchronous rounds. Users are allowed to post responses at any time, but their responses are not published to other users until the deadline for the current round passes. This structure allows users to put significant thought into their responses rather than competing with other participants to post first.”''
'''Other Resources'''


* [http://h2oproject.law.harvard.edu/rotisserie.html  Rotisserie's homepage]


==“Safe Harbors”==
==“Safe Harbors”==


'''A clearly defined set of circumstances or actions with respect to a particular law that will not incur liability.'''   
'''A clearly defined set of circumstances or actions with respect to a particular law that shield the actor from liability.'''   


''A law with safe harbors says “These things will make you liable, but if you do “this”, then you are guaranteed to be safe.  Safe harbors play an important role in areas of the law that are primarily governed by guidelines (which ultimately need to be interpreted by a court) , rather than rules.  Since many people may lack the resources or legal sophistication to know or find out if their behavior is legal, a safe harbor provides certainty.''
A law with safe harbors says “These things will make you liable, but if you do “this”, then you are guaranteed to be safe".  Safe harbors play an important role in areas of the law that are primarily governed by guidelines (which ultimately need to be interpreted by a court) , rather than rules.  Since many people may lack the resources or legal sophistication to know or find out if their behavior is legal, a safe harbor provides certainty.
    
    
''In the context of copyright law, although it is also used as a generic term for the limits of “safe” activity”, safe harbors are most often encountered with respect to Section 512 of the United States’ Digital Millennium Copyright Act,  “Limitations on liability relating to material online”,  which describes various ways in which Internet content providers can ensure that they will avoid liability for the behavior of their users and patrons.  The most important of these is the “notice and takedown” proceeding.''
In the context of copyright law, although it is also used as a generic term for the limits of “safe” activity”, safe harbors are most often encountered with respect to Section 512 of the United States’ Digital Millennium Copyright Act,  “Limitations on liability relating to material online”,  which describes various ways in which Internet content providers can ensure that they will avoid liability for the behavior of their users and patrons.  The most important of these is the “notice and takedown” proceeding.


Note:  ''“Safe  harbor” may also refer to a U.S. – EU agreement regarding the safety and privacy of personal data and databases.''
Note:  ''“Safe  harbor” may also refer to a U.S. – EU agreement regarding the safety and privacy of personal data and databases.''
   
   
See also “DMCA”, “Notice and takedown”, “counter notice”, “put-back”, “liability”  “cease and desist”
''See also:''
 
* [[Glossary#DMCA|DMCA]]
* [[Glossary#.22Notice_and_Takedown.E2.80.9D|Notice and Takedown]]
* [[Glossary#.E2.80.9CCease-and-desist.E2.80.9D_letter|Cease and Desist]]


'''Other Resources'''
''Other resources:''


* [http://images.chillingeffects.org/512.html  A Chilling Effects page on the DMCA's Section 512]
* [http://images.chillingeffects.org/512.html  A Chilling Effects page on the DMCA's Section 512]
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* [http://www.chillingeffects.org/dmca512/faq.cgi#QID125 Chilling Effects FAQ on DMCA Section 512]
* [http://www.chillingeffects.org/dmca512/faq.cgi#QID125 Chilling Effects FAQ on DMCA Section 512]
* [http://blogs.zdnet.com/micro-markets/?p=526 News article "Google YouTube copyright 'safe harbor' marriage"]
* [http://blogs.zdnet.com/micro-markets/?p=526 News article "Google YouTube copyright 'safe harbor' marriage"]
* [http://arstechnica.com/tech-policy/news/2009/01/judge-transcoding-doesnt-block-veoh-safe-harbor-defense.ars Technology website article "Judge: transcoding doesn't block Veoh "safe harbor" defense"]
* [http://arstechnica.com/tech-policy/news/2009/01/judge-transcoding-doesnt-block-veoh-safe-harbor-defense.ars Technology website article: "Judge: transcoding doesn't block Veoh "safe harbor" defense"]
* [http://copywrite.org/2007/03/28/digital-millennium-copyright-act-section-512-safe-harbor-basics/ Copywrtie.org article "Digital Millennium Copyright Act section 512 safe harbor basics"]
* [http://copywrite.org/2007/03/28/digital-millennium-copyright-act-section-512-safe-harbor-basics/ Copywrtie.org article "Digital Millennium Copyright Act section 512 safe harbor basics"]
* [http://arstechnica.com/tech-policy/news/2008/10/adecade-of-the-dmca-keep-the-safe-harbor-ditch-the-rest.ars Technology website article "A decade of the DMCA: keep the Safe Harbor, ditch the rest"]
* [http://arstechnica.com/tech-policy/news/2008/10/adecade-of-the-dmca-keep-the-safe-harbor-ditch-the-rest.ars Technology website article: "A decade of the DMCA: keep the Safe Harbor, ditch the rest"]
* [http://cyberlaw.stanford.edu/packet/200902/dmca-safe-harbor-service-providers-also-protects-non-storage-activitie  Stanford Center for Internet and Society  article "DMCA Safe Harbor for Service Providers Also Protects Non-Storage Activities Designed to Facilitate Access to User-Stored Content "]
* [http://cyberlaw.stanford.edu/packet/200902/dmca-safe-harbor-service-providers-also-protects-non-storage-activitie  Stanford Center for Internet and Society  article: "DMCA Safe Harbor for Service Providers Also Protects Non-Storage Activities Designed to Facilitate Access to User-Stored Content "]
* [http://arstechnica.com/tech-policy/news/2007/10/riaa-shifts-legal-battle-to-a-new-front-sues-usenet-access-provider.ars Technology website article "RIAA shifts legal battle to a new front, sues Usenet access provider"]
* [http://arstechnica.com/tech-policy/news/2007/10/riaa-shifts-legal-battle-to-a-new-front-sues-usenet-access-provider.ars Technology website article: "RIAA shifts legal battle to a new front, sues Usenet access provider"]
* [http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act U.S. – EU Safe Harbour resources Wikipedia article on "Online Copyright Infringement Liability Limitation Act"]
* [http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act U.S. – EU Safe Harbour resources Wikipedia article on "Online Copyright Infringement Liability Limitation Act"]
* [http://www.export.gov/safeharbor/eg_main_018236.asp Export.gov "Safe Harbor Overview"]
* [http://www.export.gov/safeharbor/eg_main_018236.asp Export.gov: "Safe Harbor Overview"]
* [http://www.ita.doc.gov/td/ecom/menu.html International Trade Administration Electronic Commerce Taskforce's safe harbor documents]   
* [http://www.ita.doc.gov/td/ecom/menu.html International Trade Administration Electronic Commerce Taskforce's safe harbor documents]   
* [http://www.export.gov/safeharbor/ Export.gov's safe harbor page]
* [http://www.export.gov/safeharbor/ Export.gov's safe harbor page]
* [http://www.markem.com/references/policies/REF00156%20GBL%20European%20Union%20_EU_%20Safe%20Harbour%20Privacy%20Policy.pdf PDF of GBL European Union (EU) Safe Harbour Privacy Policy]
* [http://www.markem.com/references/policies/REF00156%20GBL%20European%20Union%20_EU_%20Safe%20Harbour%20Privacy%20Policy.pdf PDF of GBL European Union (EU) Safe Harbour Privacy Policy]
* [http://www.thefreelibrary.com/U.S.+companies+not+complying+with+E.U.+Safe+Harbor+rules-a0127433376 News article "U.S. companies not complying with E.U. Safe Harbor rules."]
* [http://www.thefreelibrary.com/U.S.+companies+not+complying+with+E.U.+Safe+Harbor+rules-a0127433376 News article: "U.S. companies not complying with E.U. Safe Harbor rules."]
* [http://en.wikipedia.org/wiki/International_Safe_Harbor_Privachttp://cyber.law.harvard.edu/copyrightforlibrarians/edit/Glossary?section=114y_Principles Wikipedia article "International Safe Harbor Privacy Principles"]
* [http://en.wikipedia.org/wiki/International_Safe_Harbor_Privacy_Principles Wikipedia article: "International Safe Harbor Privacy Principles"]
* [http://www.truste.com/pdf/EU_Data_Sheet.pdf  EU-US Safe Harbor datasheet]
* [http://www.truste.com/pdf/EU_Data_Sheet.pdf  EU-US Safe Harbor datasheet]
* [http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list  US Department of Commerce list of safe harbor countries]
* [http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list  US Department of Commerce list of safe harbor countries]
* [http://ec.europa.eu/justice_home/news/information_dossiers/personal_data_workshop/doc/Presentation_Greer.ppt  Presentation: "The US Safe Harbor - Fact or Fiction? (2008)"]
* [http://ec.europa.eu/justice_home/news/information_dossiers/personal_data_workshop/doc/Presentation_Greer.ppt  Presentation: "The US Safe Harbor - Fact or Fiction? (2008)"]
* [http://en.wikipedia.org/wiki/Directive_95/46/EC_on_the_protection_of_personal_data Wikipedia article "Data Protection Directive"]
* [http://en.wikipedia.org/wiki/Directive_95/46/EC_on_the_protection_of_personal_data Wikipedia article: "Data Protection Directive"]
 
 


==Statutory Exemption==
==Statutory Exemption==
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'''An exemption to copyright law protections explicitly written into statute.'''
'''An exemption to copyright law protections explicitly written into statute.'''


''While a particular behavior might be infringing under the general description of copyright, it is specifically exempted, usually for public policy reasons.  For example, copying books without the express permission of the rights-holder is a violation of copyright.  However, making copies expressly for the purpose of providing the disabled with access to the book is exempted by statute. Therefore, such behavior is not infringing.''
While a particular behavior might be infringing under the general description of copyright, it is specifically exempted, usually for public policy reasons.  For example, copying books without the express permission of the rights-holder is a violation of copyright.  However, making copies expressly for the purpose of providing the disabled with access to the book is exempted by statute. Therefore, such behavior is not infringing.
 
Other statutory exemptions include copying for certain academic uses, especially instructional activities, copying for archival purposes or to deal with broken or obsolete technology, distance education, and more.


''Other statutory exemptions include copying for certain academic uses, especially instructional activities, copying for archival purposes or to deal with broken or obsolete technology, distance education, and more.''
The Berne Convention places some limits on what statutory exemptions a country can have in its national legislation with its three-step test, saying “"[i]t shall be a matter for legislation in the countries of the Union to permit the reproduction of such [literary and artistic] works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author".


''The Berne Convention places some limits on what statutory exemptions a country can have in its national legislation with its three-step test, saying “"[i]t shall be a matter for legislation in the countries of the Union to permit the reproduction of such [literary and artistic] works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author".''  
''See also:''  


See also “Berne Convention”, “three-step test”
* [[Glossary#Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works|Berne Convention]]


'''Other Resources'''
''Other resources:''


* [http://www.copyright.gov/fedreg/2006/71fr68472.html US regulation 37 CFR 201 "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies"  final rule]
* [http://www.copyright.gov/fedreg/2006/71fr68472.html US regulation 37 CFR 201: "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies"  final rule]
* [http://www.copyright.gov/1201/2008/responses/new-media-rights-40.pdf PDF of New Media Right's comments in response to the Notice of Inquiry of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies]
* [http://www.copyright.gov/1201/2008/responses/new-media-rights-40.pdf PDF of New Media Right's comments in response to the Notice of Inquiry of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies]
* [http://www.mlanet.org/government/term_ext/replycomments.html#notice Medical Library Association's comments on notice provisions and the Berne Convention]
* [http://www.mlanet.org/government/term_ext/replycomments.html#notice Medical Library Association's comments on notice provisions and the Berne Convention]
* [http://www.proquest.com/en-US/products/dissertations/copyright/Summary.html Academic paper "International Copyright Summaries To Accompany: "Copyright Law & Graduate Research""]
* [http://www.proquest.com/en-US/products/dissertations/copyright/Summary.html Academic paper: "International Copyright Summaries To Accompany: "Copyright Law & Graduate Research""]
* [http://www.legco.gov.hk/yr01-02/english/panels/ci/papers/ci0110cb1-743-2e.pdf PDF: MUSIC PUBLISHERS ASSOCIATION OF HONG KONG SUBMISSION IN RESPONSE TO CONSULTATION DOCUMENT REVIEW OF CERTAIN PROVISIONS OF HONG KONG COPYRIGHT ORDINANCE 1997 (ORDINANCE)]
* [http://www.legco.gov.hk/yr01-02/english/panels/ci/papers/ci0110cb1-743-2e.pdf PDF: Music Publishers Association of Hong Kong Submission in Response to Consultation Document Review of Certain Provisions of Hong Kong Copyright Ordinance 1997]


==Statute of limitations==
==Statute of Limitations==


'''A statute of limitations is a law that limits how long a person can wait to bring a legal action after a law is broken.'''   
'''A statute of limitations is a law that limits how long a person can wait to bring a legal action after a law is broken.'''   


''When the time limit specified by the statute of limitations has run out, or “tolled”, any future legal action is said to be "barred".  For example, if the statute of limitations for a particular crime is 10 years, it is generally not possible to prosecute for that crime twelve years after it took place.''
When the time limit specified by the statute of limitations has run out, or “tolled”, any future legal action is said to be "barred".  For example, if the statute of limitations for a particular crime is 10 years, it is generally not possible to prosecute for that crime twelve years after it took place.


''With respect to copyright law, the statute of limitations will describe how long after an act of infringement a rights-holder can wait to bring a suit.  It will also limit the number of infringing acts for which the rights holder may seek damages. The length of the time limit varies between jurisdictions, and the exact nature of the limits varies as well.''
With respect to copyright law, the statute of limitations will describe how long after an act of infringement a rights-holder can wait to bring a suit.  It will also limit the number of infringing acts for which the rights holder may seek damages. The length of the time limit varies between jurisdictions, and the exact nature of the limits varies as well.


''For instance, in the United States, there is a three year statute of limitations for copyright violations, although this is a generic limit, not specific to copyright.  This three year clock begins on the date of the most recent infringing act.  However, some courts treat this as a “rolling” three years, meaning that a rights holder can only seek damages for acts within the three years prior to bringing suit.  Other courts have held that even if the infringing began more than three years prior to the suit, if the infringement was ongoing, and at least one act was within the last three years, the rights holder may seek damages for all of the infringing acts.''
For instance, in the United States, there is a three year statute of limitations for copyright violations, although this is a generic limit, not specific to copyright.  This three year clock begins on the date of the most recent infringing act.  However, some courts treat this as a “rolling” three years, meaning that a rights holder can only seek damages for acts within the three years prior to bringing suit.  Other courts have held that even if the infringing began more than three years prior to the suit, if the infringement was ongoing, and at least one act was within the last three years, the rights holder may seek damages for all of the infringing acts.


See also “damages”
''Other resources:''
 
'''Other Resources'''


* [http://williampatry.blogspot.com/2005/05/statute-of-limitations-part-one.html Copyright scholar William Patry's blog entry #1 on statute of limitations]
* [http://williampatry.blogspot.com/2005/05/statute-of-limitations-part-one.html Copyright scholar William Patry's blog entry #1 on statute of limitations]
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* [http://williampatry.blogspot.com/2007/12/statute-of-limitations-for-actions.html Copyright scholar William Patry's blog entry on statute of limitations for actions]
* [http://williampatry.blogspot.com/2007/12/statute-of-limitations-for-actions.html Copyright scholar William Patry's blog entry on statute of limitations for actions]
* [http://law.freeadvice.com/intellectual_property/copyright_law/copyright_statute_limitations.htm Advice webpage answer "From what point in time does the 3-year statute of limitations begin to run?"]
* [http://law.freeadvice.com/intellectual_property/copyright_law/copyright_statute_limitations.htm Advice webpage answer "From what point in time does the 3-year statute of limitations begin to run?"]
* [http://www.plagiarismtoday.com/2006/03/30/statute-of-limitations-in-copyright-law/ Plagiarism Today article "Statute of Limitations in Copyright Law"]  
* [http://www.plagiarismtoday.com/2006/03/30/statute-of-limitations-in-copyright-law/ Plagiarism Today article: "Statute of Limitations in Copyright Law"]  
* [http://www.photoattorney.com/2005/05/dont-sit-on-your-copyright.html Photo Attorney blog post "Don't Sit On Your Copyright Infringement Claim!"]
* [http://www.photoattorney.com/2005/05/dont-sit-on-your-copyright.html Photo Attorney blog post: "Don't Sit On Your Copyright Infringement Claim!"]
* [http://www.exclusiverights.net/category/statute-of-limitations/ Copyright blog post on sttaute of limitations "Third Circuit holds discovery rules govern claim accrual under the Copyright Act"]
* [http://www.exclusiverights.net/category/statute-of-limitations/ Copyright blog post on statute of limitations: "Third Circuit holds discovery rules govern claim accrual under the Copyright Act"]
* [http://www.chicagoiplitigation.com/tags/statute-of-limitations/ IP litigation blog post " Copyright Office Printout Suggesting Registration Sufficient to Maintain Infringement Claim"]
* [http://www.chicagoiplitigation.com/tags/statute-of-limitations/ IP litigation blog post: "Copyright Office Printout Suggesting Registration Sufficient to Maintain Infringement Claim"]


==“Sweat of the brow”==
==“Sweat of the brow”==
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'''"Sweat of the brow" refers to the effort put into something, and any value created as a result.'''
'''"Sweat of the brow" refers to the effort put into something, and any value created as a result.'''


''If you work hard at something, you sweat.  Some translations of the book of Genesis in the Christian Bible or Jewish Pentateuch have God telling Adam that as part of Adam's punishment, he will have to produce his food by the “sweat of his brow”.''
If you work hard at something, you sweat.  Some translations of the book of Genesis in the Christian Bible or Jewish Pentateuch have God telling Adam that as part of Adam's punishment, he will have to produce his food by the “sweat of his brow”.
 
In copyright law, the logic runs as follows:  someone who has invested a great deal of time and energy in producing something needs to be protected, otherwise someone else can take it (by copying)  and reap all of the benefit with none of the labor.


''In copyright law, the logic runs as follows:  someone who has invested a great deal of time and energy in producing something needs to be protected, otherwise someone else can take it (by copying) and reap all of the benefit with none of the labor.''
This is the “labor theory” of property, historically associated with John Locke.  However, most copyright regimes do not grant copyright in something simply because it is the result of hard work. There is typically an originality requirement as well.  The United States has explicitly rejected the sweat of the brow theory, in  the case ''Feist Publications v Rural Telephone'', which dealt with the partial copying of a telephone directory.


''This is the “labor theory” of property, historically associated with John Locke.  However, most copyright regimes do not grant copyright in something simply because it is the result of hard work. There is typically an originality requirement as well.  The United States has explicitly rejected the sweat of the brow theory, in  the case Feist Publications v Rural Telephone, which dealt with the partial copying of a telephone directory.''
That being said, the EU grants protection in factual databases on what is essentially a “sweat of the brow” theory.


''That being said, the EU grants protection in factual databases on what is essentially a “sweat of the brow” theory.''
''See also:''


See “intellectual effort”
* [[Glossary#Intellectual_Effort|Intellectual Effort]]


'''Other Resources'''
''Other resources:''


* [http://www.gutenberg.org/wiki/Gutenberg:No_Sweat_of_the_Brow_Copyright Project Gutenberg article "Gutenberg:No Sweat of the Brow Copyright"]
* [http://www.gutenberg.org/wiki/Gutenberg:No_Sweat_of_the_Brow_Copyright Project Gutenberg article: "Gutenberg: No Sweat of the Brow Copyright"]
* [http://itlaw.wikia.com/wiki/Sweat_of_the_brow IT Law wiki article on "Sweat of the Brow"]
* [http://itlaw.wikia.com/wiki/Sweat_of_the_brow IT Law wiki article on: "Sweat of the Brow"]
* [http://www.copyright.gov/docs/regstat092303.html Statement of David O. Carson General Counsel, United States Copyright Office on Database and Collections of Information Misappropriation Act of 2003"]
* [http://www.copyright.gov/docs/regstat092303.html Statement of David O. Carson General Counsel, United States Copyright Office on Database and Collections of Information Misappropriation Act of 2003"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=621184 Canadian law review article "Sweat of the Brow, Creativity and Authorship: On Originality in Canadian Copyright Law "]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=621184 Canadian law review article: "Sweat of the Brow, Creativity and Authorship: On Originality in Canadian Copyright Law "]
* [http://www.uoltj.ca/articles/vol1.1-2/2003-2004.1.1-2.uoltj.Drassinower.105-123.pdf PDF of article above]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1398303 Law review article: "Doctrine of Sweat of the Brow"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1398303 Law review article "Doctrine of Sweat of the Brow"]
* [http://www.law.duke.edu/journals/DLTR/Articles/2001dltr0017.html Law review article: "The Future of Database Protection in U.S. Copyright Law]
* [http://books.google.com/books?id=Gq9VbEQnxaQC&pg=PA43&lpg=PA43&dq=copyright+sweat+of+the+brow&source=bl&ots=-XDeiJel6j&sig=DytJ0-1bFEPb_UgS3eTb20HBfRk&hl=en&ei=DqV5StGmEIjSMt_xlKMO&sa=X&oi=book_result&ct=result&resnum=9#v=onepage&q=&f=false Google book excerpt: Copyright: examples and explanations by Stephen McJohn]
* [http://www.iusmentis.com/databases/us/ Law and Technology website article: "Database protection in the USA"]
* [http://books.google.com/books?id=P6B5WK4uVC4C&pg=PA111&lpg=PA111&dq=copyright+sweat+of+the+brow&source=bl&ots=NQZd9nIQbs&sig=JI2dY7cUBiRTzA7VtfcSaLZcaBc&hl=en&ei=Ead5SoChFI7gNcrArKMO&sa=X&oi=book_result&ct=result&resnum=2#v=onepage&q=&f=false Google Book excerpt: Unfair competition law  By Anselm Kamperman Sanders]
* [http://ec.europa.eu/internal_market/copyright/docs/databases/evaluation_report_en.pdf  PDF of EU Commission's DG Internal Market and Services Working Paper - First evaluation of Directive 96/9/EC on the legal protection of databases"]
* [http://www.law.duke.edu/journals/DLTR/Articles/2001dltr0017.html Law review article "THE FUTURE OF DATABASE PROTECTION IN U.S. COPYRIGHT LAW"]
* [http://www.concurringopinions.com/archives/2009/05/databases-and-australian-copyright-law.html Australian blog post: "Databases and Australian Copyright Law"]
* [http://www.iusmentis.com/databases/us/ Law and Technology website article "Database protection in the USA"]
* [http://www.asis.org/Bulletin/Dec-97/Copyrite.htm US Copyright Office: "Report on Legal Protection for Databases"]
* [http://ec.europa.eu/internal_market/copyright/docs/databases/evaluation_report_en.pdf  PDF of EU Commission's DG INTERNAL MARKET AND SERVICES WORKING PAPER First evaluation of Directive 96/9/EC on the legal protection of databases"]
* [http://www.concurringopinions.com/archives/2009/05/databases-and-australian-copyright-law.html Australian blog post on "Databases and Australian Copyright Law"]
* [http://www.asis.org/Bulletin/Dec-97/Copyrite.htm US Copyright Office "Report on Legal Protection for Databases"]
* [http://en.wikipedia.org/wiki/Sweat_of_the_brow Wikipedia Article on "Sweat of the brow"]
* [http://en.wikipedia.org/wiki/Sweat_of_the_brow Wikipedia Article on "Sweat of the brow"]
* [http://en.wikipedia.org/wiki/Feist_Publications_v._Rural_Telephone_Service Wikipedia article on ''Feist v Rural Telephone'']
* [http://en.wikipedia.org/wiki/Feist_Publications_v._Rural_Telephone_Service Wikipedia article on ''Feist v Rural Telephone'']
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'''The physical form that a copyrighted work may take.'''
'''The physical form that a copyrighted work may take.'''


''U.S copyright law requires that a creative work be fixed in a “tangible medium” before it qualifies for copyright, in contrast with the law of some other countries, which confer copyright at the moment of conception.''
U.S copyright law requires that a creative work be fixed in a “tangible medium” before it qualifies for copyright, in contrast with the law of some other countries, which confer copyright at the moment of conception.
 
The tangibility requirement has led to some problems with protection for types of works that are not normally “fixed”, such as dance, stand-up comedy, live musical performances, and more.  It has also been the subject of much discussion with respect to computers, computer displays and computer memory, in terms of when a program or a program’s output is “fixed” or not.  Some of these issues have been addressed with targeted legislation.


''The tangibility requirement has led to some problems with protection for types of works that are not normally “fixed”, such as dance, stand-up comedy, live musical performances, and more.  It has also been the subject of much discussion with respect to computers, computer displays and computer memory, in terms of when a program or a program’s output is “fixed” or not.  Some of these issues have been addressed with targeted legislation.''
''See also:''


See also “fixation”
* [[Glossary#fixation|Fixation]]


'''Other Resources'''
''Other resources:''


* [http://www.law.cornell.edu/uscode/17/102.html US Code § 102. Subject matter of copyright: In general ]
* [http://www.law.cornell.edu/uscode/17/102.html US Code § 102. Subject matter of copyright: In general ]
* [http://www.ehow.com/video_2384683_tangible-medium-expression-music-copyright.html Tangible Medium of Expression: Music Copyright ]
* [http://www.ehow.com/video_2384683_tangible-medium-expression-music-copyright.html Tangible Medium of Expression: Music Copyright]
* [http://www.nolo.com/definition.cfm/Term/04F21625-C799-413E-AFA76BEE086AA8F1/alpha/F/ "fixed in a tangible medium of expression" (nolo definition)]
* [http://www.quizlaw.com/copyrights/what_is_a_tangible_medium.php Copyright Quizlaw: What is a tangible medium?]
* [http://www.quizlaw.com/copyrights/what_is_a_tangible_medium.php Copyright Quizlaw: What is a tangible medium?]


==“Three-Strikes” laws==
==“Three-Strikes” Laws==
'''A law where the third offense results in more serious penalties.'''
'''A law where the third offense results in more serious penalties.'''


''A “three-strikes” law is a reference to baseball, where it is “three strikes and you are out”.  Such laws have stronger penalties following a third infraction.  In the copyright context, three strikes laws are copyright enforcement statutes where an Internet user’s Internet access can be summarily cut off after three accusations of copyright infringement.''
A “three-strikes” law is a reference to baseball, where it is “three strikes and you are out”.  Such laws have stronger penalties following a third infraction.  In the copyright context, three strikes laws are copyright enforcement statutes where an Internet user’s Internet access can be summarily cut off after three accusations of copyright infringement.
   
   
''While strongly supported by the content industry and institutional rights-holders, these laws have come under a great deal of criticism from Internet users, advocacy groups, Internet service providers and libraries for heavily favoring content providers and rights-holders over the public.  This is because these laws penalize users based on accusations ( received complaints about a user), not proven infringement, so there is a strong sense of “guilty until proven innocent”.  Further the procedures for making an accusation are highly streamlined, whereas the procedures for challenging them are difficult.  
While strongly supported by the content industry and institutional rights-holders, these laws have come under a great deal of criticism from Internet users, advocacy groups, Internet service providers and libraries for heavily favoring content providers and rights-holders over the public.  This is because these laws penalize users based on accusations ( received complaints about a user), not proven infringement, so there is a strong sense of “guilty until proven innocent”.  Further the procedures for making an accusation are highly streamlined, whereas the procedures for challenging them are difficult.  
Such laws have been proposed or passed in France, South Korea, New Zealand and Canada, among others, although some have failed to pass or been struck down.''
Such laws have been proposed or passed in France, South Korea, New Zealand and Canada, among others, although some have failed to pass or been struck down.
 
''See also:''


See also  “DMCA”, “notice and takedown”
* [[Glossary#DMCA|DMCA]]
* [[Glossary#Glossary#.22Notice_and_Takedown.E2.80.9D]]


'''Other Resources'''
''Other resources:''


* [http://arstechnica.com/tech-policy/news/2009/02/kiwis-get-strict-copyright-three-strikes-law-at-months-end.ars Kiwis get strict copyright, three-strikes law at month's end]
* [http://arstechnica.com/tech-policy/news/2009/02/kiwis-get-strict-copyright-three-strikes-law-at-months-end.ars Kiwis get strict copyright, three-strikes law at month's end]
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* [http://torrentfreak.com/campaign-to-stop-file-sharers-being-guilty-upon-accusation-090105/ Campaign to Stop File-Sharers Being “Guilty Upon Accusation”]
* [http://torrentfreak.com/campaign-to-stop-file-sharers-being-guilty-upon-accusation-090105/ Campaign to Stop File-Sharers Being “Guilty Upon Accusation”]


==“Three-step test”==
==“Three-step Test”==


'''The Berne Convention’s Three-Step Test describes the criteria by which a participating country can have its own unique limits or statutory exemptions on copyright law without violating the terms of the Convention.'''
'''The Berne Convention’s Three-Step Test describes the criteria by which a participating country can have its own unique limits or statutory exemptions on copyright law without violating the terms of the Convention.'''


''The three steps come originally from Article 9(2) of the Berne Convention, which reads:''
The three steps come originally from Article 9(2) of the Berne Convention, which reads:
 
“It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.”
 
This language can be broken out into the following three steps.
 
1) The exemptions must be for special cases or types of creative work only;


''“It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.”''
2) The exemptions allowed must not conflict with the “normal’ exploitation of the work that copyright usually makes possible, and;


''This language can be broken out into the following three steps.''
3) the exemptions must not unreasonably prejudice the legitimate interests of the author.


''1) The exemptions must be for special cases or types of creative work only;''
This language has since been exported -- with important modifications -- to a number of other international copyright treaties, including the TRIPS agreement, several WIPO treaties, and the EU Copyright Directive.  The wide range of contemporary interpretations of the three-step test is discussed in [[Module 2: The International Framework]].
''2) The exemptions allowed must not conflict with the “normal’ exploitation of the work that copyright usually makes possible, and;''
''3) the exemptions must not unreasonably prejudice the legitimate interests of the author.''


''This language has since been exported to a number of other international copyright treaties, including the TRIPS agreement, several WIPO treaties, and the EU Copyright Directive.''
''See also:''


See also “statutory exemptions”
* [[Glossary#Statutory_Exemption|Statutory Exemption]]


'''Other Resources'''
''Other resources:''


* [http://williampatry.blogspot.com/2008/04/fair-use-three-step-test-and-european.html Fair Use, the Three-Step Test, and the Counter-Reformation]
* [http://williampatry.blogspot.com/2008/04/fair-use-three-step-test-and-european.html Fair Use, the Three-Step Test, and the Counter-Reformation]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=299543 The Three-Step Test Frenzy - Why the TRIPS Panel Decision Might be Considered Per Incuriam]  
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=299543 Academic article: "The Three-Step Test Frenzy - Why the TRIPS Panel Decision Might be Considered Per Incuriam"]  
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=253867 Toward Supranational Copyright Law? The WTO Panel Decision and the 'Three-Step Test' for Copyright Exceptions]  
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=253867 Academic article: "Toward Supranational Copyright Law? The WTO Panel Decision and the 'Three-Step Test' for Copyright Exceptions"]  
* [http://www.murdoch.edu.au/elaw/issues/v10n4/meyer104.html Exceptions to Intellectual Property Rights: Lessons from WTO-Trips Panels ]
* [http://www.murdoch.edu.au/elaw/issues/v10n4/meyer104.html Academic article: "Exceptions to Intellectual Property Rights: Lessons from WTO-Trips Panels"]
* [http://law.bepress.com/cgi/viewcontent.cgi?article=1520&context=expresso Towards a New Core International Copyright Norm: The Reverse Three-Step Test]  
* [http://law.bepress.com/cgi/viewcontent.cgi?article=1520&context=expresso Academic article: "Towards a New Core International Copyright Norm: The Reverse Three-Step Test"]  
* [http://www.bakercyberlawcentre.org/unlocking-ip/2009/materials/Papers/3A_BAtkinson.pdf Three-step test and Australia: right to remuneration and the concept of sterile copyright]  
* [http://www.bakercyberlawcentre.org/unlocking-ip/2009/materials/Papers/3A_BAtkinson.pdf Academic article: "Three-step test and Australia: right to remuneration and the concept of sterile copyright"]  
* [http://en.wikipedia.org/wiki/Berne_three-step_test Wikipedia: Berne Three Step Test]
* [http://en.wikipedia.org/wiki/Berne_three-step_test Wikipedia: Berne Three Step Test]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=924174 Fixing the Three-Step Test]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=924174 Academic article: "Fixing the Three-Step Test"]


==TPM – Technological Protection Measures==
==TPM – Technological Protection Measures==


'''Technological protection measures, or “TPM” are security measures added to digital technology and content by content providers in order to restrict and control access, and exert greater control over the uses of the content they sell.'''
'''Technological protection measures, or “TPM” are security measures added to digital technology and content by content providers in order to restrict and control access and exert greater control over the uses of the content they sell.'''
 
TPM is a broader term than “DRM", which really refers only to software-encoded protections. TPM is potentially both software and hardware based.    Measures could include requiring passwords,  filtering software, censor chips in computers, monitoring/ surveillance  technology,  (semi-)autonomous software tools and more.  Regionally coded DVDs and DVD players are one example of a TPM.  Other examples are  Microsoft’s “Trusted Computing”  and the “feature” of Apple’s iTunes that permits users to transfer a song to only five different computers.


''TPM is a broader term than “DRM, which really refers only to software-encoded protections. TPM is potentially both software and hardware based.   Measures could include requiring passwords, filtering software, censor chips in computers, monitoring/ surveillance  technology,  (semi-)autonomous software tools and moreRegionally coded DVDs and DVD players are one example of a TPM.  Other examples are  Microsoft’s “Trusted Computing”  and the “feature” of Apple’s iTunes that permits users to transfer a song to only five different computers.''
While ostensibly aimed only at infringing users, TPM techniques often have negative impact on legitimate users, both with respect to legal uses and to privacy concernsHowever, under at least U.S. law, it is illegal both to circumvent any technological protection measure and to possess anything that makes circumvention possibleThe potentially sweeping nature of TPMs has led some to argue that TPMs make it possible for a rights-holder to not only enforce their copyright, but to exert control over a work that exceeds the limits of what copyright law permits.


''While ostensibly aimed only at infringing users, TPM techniques often have negative impact on legitimate users, both with respect to legal uses and to privacy concerns.  However, under at least U.S. law, it is illegal both to circumvent any technological protection measure and to possess anything that makes circumvention possible.  The potentially sweeping nature of TPMs has led some to argue that TPMs make it possible for a rights-holder to not only enforce their copyright, but to exert control over a work that exceeds the limits of what copyright law permits.''
''See also:''


See also, “DRM”
* [[Glossary#DRM|DRM]]


'''Other Resources'''
''Other resources:''


* [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/technological-protection Technological Protection Measures - the "triple lock"]  
* [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/technological-protection Technological Protection Measures - the "triple lock"]  
* [http://www.wipo.int/edocs/mdocs/copyright/en/wct_wppt_imp/wct_wppt_imp_3.pdf WORKSHOP ON IMPLEMENTATION ISSUES OF THE WIPO COPYRIGHT TREATY (WCT) AND THE WIPO PERFORMANCES AND PHONOGRAMS TREATY (WPPT)]
* [http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/cipareport_08142003.htm Children’s Internet Protection Act]
* [http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/cipareport_08142003.htm Children’s Internet Protection Act]
* [http://www.wipo.int/enforcement/en/faq/technological/faq03.html How do technological protection measures work?]
* [http://www.wipo.int/enforcement/en/faq/technological/faq03.html How do technological protection measures work?]
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* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1162263 Technological Protection Measures in EC and Italian Copyright Law]  
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1162263 Technological Protection Measures in EC and Italian Copyright Law]  
* [http://www.aph.gov.au/house/committee/laca/protection/report.htm Inquiry into technological protection measures (TPM) exceptions]  
* [http://www.aph.gov.au/house/committee/laca/protection/report.htm Inquiry into technological protection measures (TPM) exceptions]  
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=793504 Technological Protection Measures: Tilting at the Copyright Windmill ]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=793504 Academic article: "Technological Protection Measures: Tilting at the Copyright Windmill" ]  
* [http://www.olc.org/pdf/OLCCIPATechnologyProtectionMeasures.pdf “TECHNOLOGY PROTECTION MEASURES” WITHIN THE CHILDREN’S INTERNET PROTECTION ACT]
* [http://www.vjolt.net/vol8/issue3/v8i3_a13-Baesler.pdf Academic article: "How Much Fair Use Do We Need in the “Digital World”?"]  
* [http://www.vjolt.net/vol8/issue3/v8i3_a13-Baesler.pdf How Much Fair Use Do We Need in the “Digital World”?]  
* [http://slisweb.lis.wisc.edu/~libtpm/ LibTPM: Technological Protection Measures and Research Libraries]
* [http://slisweb.lis.wisc.edu/~libtpm/ LibTPM: Technological Protection Measures and Research Libraries]
* [http://en.wikipedia.org/wiki/Trusted_Computing Trusted Computing]


==Transferability (of rights)==
==Transferability (of rights)==
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'''The feature of copyrights that makes it possible for one rightsholder to transfer ownership of the rights to another person.'''
'''The feature of copyrights that makes it possible for one rightsholder to transfer ownership of the rights to another person.'''


''One of the basic characteristics of property is that it can be transferred to others, whether by sale, gift, or something else.  Copyrights are no different.  While a creator initially holds copyright in his or her creative work, those rights can be transferred to another person or entity, who can then transfer them again, etc.  For example, recording artists frequently transfer the copyright in their songs to a records company.  Michael Jackson famously owned the rights to all of the Beatles’ music.''
One of the basic characteristics of property is that it can be transferred to others, whether by sale, gift, or something else.  Copyrights are no different.  While a creator initially holds copyright in his or her creative work, those rights can be transferred to another person or entity, who can then transfer them again, etc.  For example, recording artists frequently transfer the copyright in their songs to a records company.  Michael Jackson famously owned the rights to all of the Beatles’ music.


''The various rights that “copyright” subsumes can be transferred as a block, but more often are transferred or sold one at a time, some times to different people.''
The various rights that “copyright” subsumes can be transferred as a block, but more often are transferred or sold one at a time, some times to different people.


==TRIPS ==
==TRIPS ==
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'''The Agreement on Trade Related Aspects of Intellectual Property Rights'''
'''The Agreement on Trade Related Aspects of Intellectual Property Rights'''


''TRIPS is an international agreement on property rights that came into effect in 1995.
TRIPS is an international agreement on property rights that came into effect in 1995.
The World Trade Organization’s website describes TRIPS as “to date, the most comprehensive multilateral agreement on intellectual property.” and states that:''
 
The World Trade Organization’s website describes TRIPS as “to date, the most comprehensive multilateral agreement on intellectual property.” and states that:


“The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information including trade secrets and test data.”
“The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information including trade secrets and test data.”


''The three main features of TRIPS are its sections on standards, enforcement, and dispute settlement.  In a way, it is an umbrella agreement, since it requires that its participants agree to and uphold the tenets of several other agreements, treaties and conventions.  These are the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic in their most recent versions.''
The three main features of TRIPS are its sections on standards, enforcement, and dispute settlement.  In a way, it is an umbrella agreement, since it requires that its participants agree to and uphold the tenets of several other agreements, treaties and conventions.  These are the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic in their most recent versions.
 
''See also:''


See also “Berne Convention”, “WIPO”, “multilateral Trade Agreement”
* [[Glossary#Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works|Berne Convention]]
* [[Glossary#WIPO|WIPO]]


'''Other Resources'''
''Other resources:''


* [http://www.wto.org/english/tratop_E/trips_e/intel2_e.htm  Overview: the TRIPS Agreement]  
* [http://www.wto.org/english/tratop_E/trips_e/intel2_e.htm  Overview: the TRIPS Agreement]  
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* [http://www.osec.doc.gov/ogc/occic/ipr.htm Overview of Intellectual Property Rights and the TRIPs Agreement]
* [http://www.osec.doc.gov/ogc/occic/ipr.htm Overview of Intellectual Property Rights and the TRIPs Agreement]
* [http://www.wpro.who.int/NR/rdonlyres/F9F3BBE1-8663-4DF9-B08A-53B2426FD50C/0/ART_Newsletter_Issue_8.pdf HIV/AIDS Intellectual Property Review]
* [http://www.wpro.who.int/NR/rdonlyres/F9F3BBE1-8663-4DF9-B08A-53B2426FD50C/0/ART_Newsletter_Issue_8.pdf HIV/AIDS Intellectual Property Review]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1400527 Trips, Intellectual Property Law Reform in Indonesia: Why Injunctions Aren't Stopping Piracy]  
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1400527 Academic article: "Trips, Intellectual Property Law Reform in Indonesia: Why Injunctions Aren't Stopping Piracy"]  
* [http://www.wipo.int/about-ip/en/studies/pdf/ssa_lesser_trips.pdf THE EFFECTS OF TRIPS-MANDATED INTELLECTUAL PROPERTY RIGHTS ON ECONOMIC ACTIVITIES IN DEVELOPING COUNTRIES]
* [http://www.wipo.int/about-ip/en/studies/pdf/ssa_lesser_trips.pdf WIPO report: "The effects of TRIPS Mandated Intellectual Property Rights on Economic Activities in Developing Countries]
* [http://www.wiggin.com/db30/cgi-bin/pubs/carlsonQLR01.pdf TRAPPED BY TRIPS? INTELLECTUAL PROPERTY RIGHTS, THE COLD WAR, AND THE CUBAN EMBARGO REVISITED]
* [http://www.wiggin.com/db30/cgi-bin/pubs/carlsonQLR01.pdf Academic article: "Trapped by TRIPS? Intellectual property rights, the cold war, and the Cuban embargo revisited"]
* [http://archive.ifla.org/III/clm/p1/tt-e.htm A Guide for Libraries and Librarians to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)]
* [http://archive.ifla.org/III/clm/p1/tt-e.htm IFLA Guide for Libraries and Librarians to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)]


==UNESCO==
==UNESCO==
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'''The United Nations Educational, Scientific and Cultural Organization'''
'''The United Nations Educational, Scientific and Cultural Organization'''


''Founded in 1945, “UNESCO functions as a laboratory of ideas and a standard-setter to forge universal agreements on emerging ethical issues.” - UNESCO website
UNESCO was founded in 1945. According to [http://unesco.org its website] it “ functions as a laboratory of ideas and a standard-setter to forge universal agreements on emerging ethical issues.
 
''The Universal Copyright Convention of 1952 was adopted under UNESCO’s auspices.''


The Universal Copyright Convention of 1952 was adopted under UNESCO’s auspices.


'''Other Resources'''
'''Other Resources'''


* [http://portal.unesco.org/en/ev.php-URL_ID=29008&URL_DO=DO_TOPIC&URL_SECTION=201.html [ homepage]
* [http://portal.unesco.org/en/ev.php-URL_ID=29008&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO homepage]
* [http://portal.unesco.org/culture/en/ev.php-URL_ID=5125&URL_DO=DO_TOPIC&URL_SECTION=201.html  
* [http://portal.unesco.org/culture/en/ev.php-URL_ID=5125&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO World Book and Copyright Day]
* [http://unesdoc.unesco.org/ulis/copyright/search.htm [ UNESCO copyright bulletin archives]
* [http://unesdoc.unesco.org/ulis/copyright/search.htm UNESCO copyright bulletin archives]
* [http://www.accu.or.jp/appreb/10copyr/pdf_ws0509/2_2_unesco.pdf [Why is UNESCO in copyright?]
* [http://www.accu.or.jp/appreb/10copyr/pdf_ws0509/2_2_unesco.pdf Why is UNESCO in copyright?]
* [http://www.unesco-ci.org/cgi-bin/portals/libraries/page.cgi?g=Reference%2FCopyright%2Findex.html;d=1 [ UNESCO’s library resources]
* [http://www.unesco-ci.org/cgi-bin/portals/libraries/page.cgi?g=Reference%2FCopyright%2Findex.html;d=1 UNESCO’s library resources]
* [http://oerwiki.iiep-unesco.org/index.php?title=UNESCO_OER_Toolkit/Copyright_and_Open_Content_Licensing [UNESCO OER Toolkit/Copyright and Open Content Licensing ]
* [http://oerwiki.iiep-unesco.org/index.php?title=UNESCO_OER_Toolkit/Copyright_and_Open_Content_Licensing UNESCO OER Toolkit/Copyright and Open Content Licensing ]
* [http://www.unescap.org/tid/projects/iprt_s5_urtnasan.pdf [ Mongolia]
* [http://www.unescap.org/tid/projects/iprt_s5_urtnasan.pdf UNESCO’s Copyright Activities and Mongolia]
* [http://ec.europa.eu/libraries/doc/50ans/Copyright_innovation_and_UNESCO_Library.ppt  
* [http://ec.europa.eu/libraries/doc/50ans/Copyright_innovation_and_UNESCO_Library.ppt Copyright Innovation and UNESCO Powerpoint Presentation]
* [http://ghanaculture.gov.gh/index1.php?linkid=65&archiveid=962&page=1&adate=26/05/2007 [Ghana]
* [http://ghanaculture.gov.gh/index1.php?linkid=65&archiveid=962&page=1&adate=26/05/2007 UNESCO / Ghana Copyright Workshop]
* [http://merlin.obs.coe.int/iris/1996/7/article1.en.html
* [http://merlin.obs.coe.int/iris/1996/7/article1.en.html UNESCO Copyright and Communication in the Information Society]
 
==(United Kingdom’s) Chartered Institute of Library and Information Professionals (CILIP)==
 
'''“CILIP: the Chartered Institute of Library and Information Professionals is the leading professional body for librarians, information specialists and knowledge managers. '''


''CILIP forms a community of around 36,000 people engaged in library and information
==United Kingdom’s Chartered Institute of Library and Information Professionals (CILIP)==
work, of whom approximately 21,000 are CILIP members and about 15,000 are regular customers of CILIP Enterprises.CILIP speaks out on behalf of the profession to the media, government and decision makers.
CILIP provides practical support for members throughout their entire careers, helping
them with their academic education, professional qualifications, job hunting and continuing professional development.”''  - from the CILIP website


'''Other Resources'''
'''CILIP: the Chartered Institute of Library and Information Professionals is the leading professional body for librarians, information specialists and knowledge managers. '''


* [www.cilip.org.uk/
According to [http://www.cilip.org.uk/Pages/default.aspx its website], "CILIP forms a community of around 36,000 people engaged in library and information work, of whom approximately 21,000 are CILIP members and about 15,000 are regular customers of CILIP Enterprises. CILIP speaks out on behalf of the profession to the media, government and decision makers.  CILIP provides practical support for members throughout their entire careers, helpingthem with their academic education, professional qualifications, job hunting and continuing professional development.”


==Universal Copyright Convention (or UCC)==
==Universal Copyright Convention (or UCC)==
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'''The UCC, which came into effect in 1955, represents an alternative to the Berne Convention.'''   
'''The UCC, which came into effect in 1955, represents an alternative to the Berne Convention.'''   


''It was designed by UNESCO to provide a form of multilateral copyright protection for countries what wanted such a thing, but which disagreed with some or all of the Berne Convention.  These countries include the United States and Russia as well as much of Latin America and the former USSR.''
It was designed by UNESCO to provide a form of multilateral copyright protection for countries what wanted such a thing, but which disagreed with some or all of the Berne Convention.  These countries include the United States and Russia as well as much of Latin America and the former USSR.
 
Its opening section states:


''Its opening section states:''
"The Contracting States, Moved by the desire to ensure in all countries copyright protection of literary, scientific and artistic works, Convinced that a system of copyright protection appropriate to all nations of the world and expressed in a universal convention, additional to, and without impairing international systems already in force, will, ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts, Persuaded that such a universal copyright system will facilitate a wider dissemination of works of the human mind and increase international under-standing, Have resolved to revise the Universal Copyright Convention as signed at Geneva on 6 September 1952 (hereinafter called `the 1952 Convention')"


The Contracting States, Moved by the desire to ensure in all countries copyright protection of literary, scientific and artistic works, Convinced that a system of copyright protection appropriate to all nations of the world and expressed in a universal convention, additional to, and without impairing international systems already in force, will, ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts, Persuaded that such a universal copyright system will facilitate a wider dissemination of works of the human mind and increase international under-standing, Have resolved to revise the Universal Copyright Convention as signed at Geneva on 6 September 1952 (hereinafter called `the 1952 Convention')"
All Berne Convention participants are also UCC members.  Additionally, the UCC’s Article 17 explicitly states that none of its provisions are intended to conflict with the Berne Convention, making the UCC of limited importance today, since most countries are Berne members.


''All Berne Convention participants are also UCC members.  Additionally, the UCC’s Article 17 explicitly states that none of its provisions are intended to conflict with the Berne Convention, making the UCC of limited importance today, since most countries are Berne members.''
''See also:''


See also, "UNESCO"
* [[Glossary#UNESCO|UNESCO]]


'''Other Resources'''
'''Other Resources'''
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'''WIPO is the World Intellectual Property Organization.'''   
'''WIPO is the World Intellectual Property Organization.'''   


''“It is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.''
According to [http://wipo.int its website], WIPO "is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland. The Director General is Francis Gurry. WIPO administers 24 different treaties, including the WIPO Convention, thirteen of which are intellectual property treaties.  
 
''WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland. The Director General is Francis Gurry.''
 
''WIPO administers 24 different treaties, including the WIPO Convention, thirteen of which are intellectual property treaties."'' -- from the WIPO website
 
See also “Rome Convention”, “Berne Convention”
'''Other Resources'''
''Other resources:''


* [http://www.wipo.int/portal/index.html.en WIPO homepage]
* [http://www.wipo.int/portal/index.html.en WIPO homepage]
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* [http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/wipo_convention.pdf PDF with list of "Contracting parties of treaties adminstered by WIPO"]
* [http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/wipo_convention.pdf PDF with list of "Contracting parties of treaties adminstered by WIPO"]
* [http://www.wipo.int/amc/en/index.html WIPO Arbitration and Mediation Center]
* [http://www.wipo.int/amc/en/index.html WIPO Arbitration and Mediation Center]
* [http://www.copyright.gov/wipo/treaty1.html WIPO COPYRIGHT TREATY adopted by the Diplomatic Conference on December 20, 1996]  
* [http://www.copyright.gov/wipo/treaty1.html WIPO Copyright Treaty adopted by the Diplomatic Conference on December 20, 1996]  
* [http://books.google.com/books?id=LiI0BXyPlF8C&dq=WIPO&printsec=frontcover&source=bl&ots=NaawecLEVy&sig=INAtiwx5Uy85dO9rOp9mOjmviqU&hl=en&ei=wbF5SrziD47OM7HUnaMO&sa=X&oi=book_result&ct=result&resnum=7#v=onepage&q=&f=false Google Book: WIPO guide to intellectual property worldwide -- World Intellectual Property Organization]
* [http://books.google.com/books?id=LiI0BXyPlF8C&dq=WIPO&printsec=frontcover&source=bl&ots=NaawecLEVy&sig=INAtiwx5Uy85dO9rOp9mOjmviqU&hl=en&ei=wbF5SrziD47OM7HUnaMO&sa=X&oi=book_result&ct=result&resnum=7#v=onepage&q=&f=false Google Book: WIPO guide to intellectual property worldwide -- World Intellectual Property Organization]


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'''A WIPO treaty that came into effect in 2002, explicitly addressing the rights of performers and producers of sound recordings.'''  
'''A WIPO treaty that came into effect in 2002, explicitly addressing the rights of performers and producers of sound recordings.'''  


''WIPO's website states that:''
WIPO's website states that:
 
“The Treaty deals with intellectual property rights of two kinds of beneficiaries:
(i) performers (actors, singers, musicians, etc.), and (ii) producers of phonograms (the persons or legal entities who or which take the initiative and have the responsibility for the fixation of the sounds).


“The Treaty deals with intellectual property rights of two kinds of beneficiaries:''
They are dealt with in the same instrument because most of the rights granted by the Treaty to performers are rights connected with their fixed, purely aural performances (which are the subject matter of phonograms).
''(i) performers (actors, singers, musicians, etc.), and (ii) producers of phonograms (the persons or legal entities who or which take the initiative and have the responsibility for the fixation of the sounds).
They are dealt with in the same instrument because most of the rights granted by the Treaty to performers are rights connected with their fixed, purely aural performances (which are the subject matter of phonograms).''


''As far as performers are concerned, the Treaty grants performers four kinds of economic rights in their performances fixed in phonograms (not in audiovisual fixations, such as motion pictures):  
As far as performers are concerned, the Treaty grants performers four kinds of economic rights in their performances fixed in phonograms (not in audiovisual fixations, such as motion pictures):  
(i) the right of reproduction, (ii) the right of distribution, (iii) the right of rental, and (iv) the right of making available."''
(i) the right of reproduction, (ii) the right of distribution, (iii) the right of rental, and (iv) the right of making available."
   
   
See also, “moral rights”, “neighboring rights”, “fixation”, DMCA”
''See also:''
 
* [[Glossary#Fixation|Fixation]]
* [[Glossary#Rights|Rights]]


'''Other Resources'''
''Other resources:''


* [http://www.wipo.int/treaties/en/ip/wppt/trtdocs_wo034.html Text of WIPO Performances and Phonograms Treaty (WPPT)]
* [http://www.wipo.int/treaties/en/ip/wppt/trtdocs_wo034.html Text of WIPO Performances and Phonograms Treaty (WPPT)]
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'''The WTO is an organization devoted to the rules of international trade.'''  
'''The WTO is an organization devoted to the rules of international trade.'''  


''“Its main function is to ensure that trade flows as smoothly, predictably and freely as possible”'' -- The WTO website
According to [http://www.wto.org its website], the WTO's "main function is to ensure that trade flows as smoothly, predictably and freely as possible."


''The WTO is responsible for, among other things, the TRIPS agreement, which was the first time and place that copyright issues became a focus of an international trade agreement.''
The WTO is responsible for, among other things, the TRIPS agreement, which was the first time and place that copyright issues became a focus of an international trade agreement.


See also “TRIPS”
''See also:''


Other resources
* [[Glossary#TRIPS|TRIPS]]
 
''Other resources:''


* [http://www.wto.org/ WTO website]
* [http://www.wto.org/ WTO website]
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* [http://www.wto.org/english/tratop_e/trips_e/trips_e.htm TRIPS materials on WTO website]
* [http://www.wto.org/english/tratop_e/trips_e/trips_e.htm TRIPS materials on WTO website]
* [http://www.wto.org/english/tratop_e/dispu_e/dispu_subjects_index_e.htm#copyright WTO index of disputes issues]
* [http://www.wto.org/english/tratop_e/dispu_e/dispu_subjects_index_e.htm#copyright WTO index of disputes issues]
* [http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm UNDERSTANDING THE WTO: THE AGREEMENTS Intellectual property: protection and enforcement]
* [http://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm WTO website: Uraguay Round Agreement: TRIPS Trade-Related Aspects of Intellectual Property Rights]
* [http://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm WTO website:URUGUAY ROUND AGREEMENT: TRIPS Trade-Related Aspects of Intellectual Property Rights]
* [http://www.wired.com/threatlevel/2009/01/china-pledges-w/ WIRED magazine article: "China Pledges WTO Copyright, Trademark Cooperation"]
* [http://www.wired.com/threatlevel/2009/01/china-pledges-w/ WIRED magazine article "China Pledges WTO Copyright, Trademark Cooperation"]
* [http://www.chinadaily.com.cn/china/2007-07/04/content_909757.htm China Daily article: "US urged to withdraw WTO copyright complaint"]
* [http://www.chinadaily.com.cn/china/2007-07/04/content_909757.htm China Daily article "US urged to withdraw WTO copyright complaint"]
* [http://www.nytimes.com/2009/01/27/business/27trade.html New York Times article: "W.T.O. Finds China Copyright Law Lacking"]
* [http://www.nytimes.com/2009/01/27/business/27trade.html New York Times article "W.T.O. Finds China Copyright Law Lacking"]
* [http://www.readwriteweb.com/archives/gad-zookz_wto_to_allow_copyright_infringement.php ReadWriteWeb article: "Gad-Zookz! WTO to Allow Copyright Infringement?" (Antigua)]
* [http://www.readwriteweb.com/archives/gad-zookz_wto_to_allow_copyright_infringement.php ReadWriteWeb article "Gad-Zookz! WTO to Allow Copyright Infringement?" (Antigua)]
* [http://www.wipo.int/clea/en/details.jsp?id=3389 WTO page for Panama: Industrial Property (WTO Copyright), Law (Title VII Art. 286 & 291]
* [http://www.wipo.int/clea/en/details.jsp?id=3389 WTO page for Panama: Industrial Property (WTO Copyright), Law (Title VII Art. 286 & 291]
* [http://www.trademinister.gov.au/releases/2000/mvt065a_00.html Media release "WTO Copyright Win a Boom for Australian Musicians"]
* [http://www.trademinister.gov.au/releases/2000/mvt065a_00.html Media release: "WTO Copyright Win a Boom for Australian Musicians"]
* [http://merlin.obs.coe.int/iris/1996/6/article11.en.html European Commission WTO copyright infringement procedure against Japan]
* [http://merlin.obs.coe.int/iris/1996/6/article11.en.html European Commission WTO copyright infringement procedure against Japan]
* [http://jobfunctions.bnet.com/abstract.aspx?docid=64544 Article: "Toward Supranational Copyright Law? The WTO Panel Decision and the 'Three-Step Test' for Copyright Exceptions"]
* [http://jobfunctions.bnet.com/abstract.aspx?docid=64544 Article: "Toward Supranational Copyright Law? The WTO Panel Decision and the 'Three-Step Test' for Copyright Exceptions"]
Line 2,042: Line 1,944:
* [http://archive.ifla.org/III/clm/p1/pos-wto.htm The IFLA Position on WTO Treaty Negotiations]
* [http://archive.ifla.org/III/clm/p1/pos-wto.htm The IFLA Position on WTO Treaty Negotiations]


==Work for hire==  
==Work For Hire==  


'''A creative work that the creator has made at someone else’s request, usually for pay.'''
'''A creative work that the creator has made at someone else’s request, usually for pay.'''


''Work for hire is a concept from U.S. copyright law, and exists in a few others as well. For example, if a person commissions a sculpture from an artist, and provides very specific requirements as to materials and appearance, the sculpture will probably be a work for hire, although the ultimate determination is fact specific.''
Work for hire is a concept from U.S. copyright law and exists in a few others as well. For example, if a person commissions a sculpture from an artist, and provides very specific requirements as to materials and appearance, the sculpture will probably be a work for hire, although the ultimate determination is fact specific.


''The concept serves to clear up any confusion that might result when an employee creates a copyrightable work in the course of their employment.  Under the “works made for hire” doctrine, the employer holds the copyright in such a situation.''
The concept serves to clear up any confusion that might result when an employee creates a copyrightable work in the course of their employment.  Under the “works made for hire” doctrine, the employer holds the copyright in such a situation.


''It is this doctrine that ensures that, for example, the hundreds of people who work on the production of a motion picture do not have any claim to the copyright.''
It is this doctrine that ensures that, for example, the hundreds of people who work on the production of a motion picture do not have any claim to the copyright.


''However, the nature of the employer/employee relationship can be complex and difficult to define, especially when it exists only for the duration of the work’s creation, or the work is created in an educational context.''
However, the nature of the employer/employee relationship can be complex and difficult to define, especially when it exists only for the duration of the work’s creation, or the work is created in an educational context.


''Further complicating things, since the Berne Convention separately recognizes economic and moral rights, even a creator who has made a work for hire may still possess moral rights in that work.''
Further complicating things, since the Berne Convention separately recognizes economic and moral rights, even a creator who has made a work for hire may still possess moral rights in that work.


''See also:''


See also “neighboring rights”, “transfer of rights”, “academic exception”
* [[Glossary#Neighboring_Rights|Neighboring Rights]]
* [[Glossary#Transferability_.28of_rights.29|Transferability of Rights]]
* [[Glossary#Academic_Exception|Academic Exception]]


Other resources
''Other resources:''


* [http://www.copyright.gov/circs/circ09.pdf PDF of US Copyright Office circular "Works Made for Hire Under the 1976 Copyright Act"]
* [http://www.copyright.gov/circs/circ09.pdf PDF of US Copyright Office circular "Works Made for Hire Under the 1976 Copyright Act"]
* [http://www.copyright.gov/title17/92chap2.html Text of US copyright law "Chapter 2 - Copyright Ownership and Transfer"]
* [http://www.copyright.gov/title17/92chap2.html Text of US copyright law "Chapter 2 - Copyright Ownership and Transfer"]
* [http://www.copylaw.com/new_articles/wfh.html Article: "WORKING WITH FREELANCERS: WHAT EVERY PUBLISHER SHOULD KNOW ABOUT THE "WORK FOR HIRE" DOCTRINE"]
* [http://www.copylaw.com/new_articles/wfh.html Article: "Working with freelancers: What every publisher should know about the "work for hire" doctrine."]
* [http://www.oyez.org/cases/1980-1989/1988/1988_88_293 A short analysis of ''Community For Creative Non-Violence v. Reid'' the seminal U.S. case on the topic]
* [http://www.oyez.org/cases/1980-1989/1988/1988_88_293 A short analysis of ''Community For Creative Non-Violence v. Reid'' the seminal U.S. case on the topic]
* [http://www.music-law.com/workforhire.html Music Law.com's page on work for hire]
* [http://www.music-law.com/workforhire.html Music Law.com's page on work for hire]
* [http://www.keytlaw.com/Copyrights/wfhire.htm Legal information site's page on "Works Made for Hire Under the Copyright Act"]
* [http://www.keytlaw.com/Copyrights/wfhire.htm Legal information site's page on "Works Made for Hire Under the Copyright Act"]
* [http://www.artistshousemusic.org/videos/protecting+your+work+understanding+publishing+copyright+and+work+for+hire Video: Protecting Your Work: Understanding Publishing, Copyright, and “Work For Hire”"]
* [http://www.artistshousemusic.org/videos/protecting+your+work+understanding+publishing+copyright+and+work+for+hire Video: Protecting Your Work: Understanding Publishing, Copyright, and “Work For Hire”"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=359720 Law Review article "Pre-existing Confusion in Copyright's Work-for-Hire Doctrine"]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=359720 Law Review article: "Pre-existing Confusion in Copyright's Work-for-Hire Doctrine"]
* [http://www.gkbledsoe.com/articles/submissions/work_for_hire.html The Writing for Children Resource Site article: "The Work-for-hire question"]
* [http://www.gkbledsoe.com/articles/submissions/work_for_hire.html The Writing for Children Resource Site article: "The Work-for-hire question"]
* [http://www.eff.org/deeplinks/2007/09/film-schools-teach-wrong-copyright-lesson EFF article: "Film Schools Teach Wrong Copyright Lesson"]
* [http://www.eff.org/deeplinks/2007/09/film-schools-teach-wrong-copyright-lesson EFF article: "Film Schools Teach Wrong Copyright Lesson"]
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* [http://keepyourcopyrights.org/copyright/rights/work-for-hire KeepYourCopyrights.org page on Work for Hire]
* [http://keepyourcopyrights.org/copyright/rights/work-for-hire KeepYourCopyrights.org page on Work for Hire]
* [http://en.wikipedia.org/wiki/Work_for_hire Wikipedia article on work for hire]
* [http://en.wikipedia.org/wiki/Work_for_hire Wikipedia article on work for hire]
{{NavFooter}}

Latest revision as of 14:14, 20 January 2012

Academic Exception

Academic exception is the exception for teachers and academics to the general rule that employers hold copyright in the creative works produced by their employees in the course of their employment.

Unlike the a work-for-hire situtation, academics typically retain the copyrights in the scholarly work they produce and may retain, sell or assign those copyrights, or dedicate them to the public domain, at their discretion.

See also:

Other resources:

“Actual Knowledge”

Having direct knowledge (as opposed to merely having reason to believe) that copyright infringement is occurring.

Some copyright laws require web hosts to remove content from their servers if they posses "actual knowledge" that the content infringes copyright. Under such laws the hosts may become liable if they do not remove the content.

For example, Section 512(c) of the U.S. Digital Millenium Copyright Act reads:

“(c) Information Residing on Systems or Networks At Direction of Users. (1) In general. A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider (A) (i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

See also:

Other resources:

American Library Association (“ALA”) Code of Ethics

The voluntary code of ethics adopted by the American Library Association to govern the work of librarians.

The code makes “known to the profession and to the general public the ethical principles that guide the work of librarians, other professionals providing information services, library trustees and library staffs.” Its tenets “provide a framework; they cannot and do not dictate conduct to cover particular situations.”

Other resources:

Anti-Counterfeiting Trade Agreement (“ACTA”) Proposal (2007)

A proposed multi-lateral trade agreement that is designed to better enforce intellectual property rights by combating the perceived increasing threat of counterfeiting.

This counterfeiting in question can be of physical goods and copyrighted works, as well as digital and Internet-based materials and technologies. Specific details of the Agreement’s content are still mostly a secret, and some countries, including the United States, restrict access to it on the basis of national security. The Agreement is generally understood to supersede or bypass UN, WIPO and TRIPS guidelines, and would, among other things, make all peer-to-peer filesharing illegal, regardless of content.

Other resources:

Assignment

The means by which ownership of a copyright is transferred to another person or entity.

For example, musicians often assign the copyright to their music to their publisher or record company as part of their contract, although this is not a requirement.

Other resources:

Author

The original creator of a work.

While the word “author” is used in common vernacular to identify the person who wrote something, such as a book, paper, or article, the term "author" is used in copyright law to identify the creator of any work. Thus, a sculptor, artist or photographer would be considered the "author" of his or her work.

If a copyright is assigned or transferred to a second person or entity, that person does not become the author, merely the new rights-holder. The original author always retains that status or description, and in some legal regimes, has certain rights that cannot be assigned, altered, or renounced.

In countries that recognize the work-for-hire doctrine, the employer can be considered the "author" of the work.

See also:

Berne Convention for the Protection of Literary and Artistic Works

The Berne Convention is an international copyright agreement that was first adopted and implemented in 1886. Its intent was to harmonize copyright law across national borders. There are currently 164 member countries.

According to Wikipedia, “The Berne Convention was revised in Paris in 1896 and in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971, and was amended in 1979. The UK signed in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act of 1988.”

The Berne Convention is currently active and is administered by the World Intellectual Property Organization (“WIPO”).

While the convention grants authors an array of rights, the most important aspect of the Berne Convention is that countries must grant an author that is a citizen of another member country the same protections it offers its own citizens, in addition to any rights that the convention itself grants. That is to say, a French citizen’s work in Poland or Morocco automatically enjoys the same protections that the work of a Polish or Moroccan citizen would.

Other resources:

Bilateral Agreements

A bilateral agreement is an agreement or treaty made directly between two countries.

This is in contrast to a “multilateral” agreement or international agreement such as the Berne Convention or TRIPS. While some bilateral agreements deal exclusively with copyright, copyright provisions may be inserted in to other, larger treaties, such as peace treaties or economic treaties.

In a bilateral agreement, an author from one country can claim copyright protections in the other country. Such agreements are often used to create copyright protections or provisions that are more stringent, or more generous, than would be possible in a broadly multinational agreement.

A Berne Convention member country may enter into bilateral agreements as long as the provisions of those agreements meet the minimum standards of the Berne Convention. For instance, although it is a member of the Berne Convention, the TRIPS Agreement, and other multilateral agreements, the United States has bilateral agreements with many different countries.

Other resources

Blanket license

A blanket license allows a user to engage in certain uses of a large number of works under preset terms, without individual negotiation.

In the copyright context, such a license addresses all of a defined group of copyrighted works. It “covers” all of the relevant works like a blanket. In this way, it makes it easier to negotiate for the use of a work by making it possible to only make a deal once rather than entering into many separate agreements.

Usually, such licenses are granted and managed by collective rights management groups, which control access to thousands, or even millions, of copyrighted works.

See also:

Other resources:

“Browsewrap”

“Browsewrap” is a slang term for a contract governing access to or use of content on a website that does not require the website user to click on a button or otherwise take action to expressly manifest consent to the terms of the agreemen. Typically, the Internet user is considered to have agreed to the terms of the browsewrap agreement by accessing or “browsing” the website.

The terms of a browsewrap agreement governing access to a website are not always prominently displayed to the Internet user, and instead are often listed on a separate page that can only be accessed by clicking a link at the bottom of the screen. For this reason, some commentators question whether browsewrap agreements create enforceable contracts.

See also:

Other Resources

“Cease-and-desist” letter

A letter sent to an alleged copyright infringer or the entity hosting allegedly infringing material, requesting that certain activities be ceased or that access to the allegedly infringing material be disabled.

With respect to Internet content, a cease and desist letter can take the form of a "takedown notice.”

'Under the U.S. copyright legislation known as the Digital Millenium Copyright Act, a copyright holder who believes that a website is infringing the holder’s copyright, usually by hosting protected material without permission, can send a cease-and-desist letter to the entity hosting the material. The website will not be held liable if it immediately takes down the allegedly infringing work upon receipt of the takedown notice. There are procedures under which the person who posted the content can challenge a takedown notice, and have access to the restored.

Other resources:

CISAC

The International Confederation of Societies of Authors and Composers. CISAC is an organization composed of numerous national preforming rights societies.

According to its website, CISAC “works towards increased recognition and protection of creators’ rights. CISAC was founded in 1926 and is a non-governmental, non-profit organisation. Its headquarters are in Paris, with regional offices in Budapest, Buenos Aires, Johannesburg and Singapore. . . . . As of June 2008, CISAC numbers 225 authors’ societies from 118 countries and indirectly represents more than 2.5 million creators within all the artistic repertoires: music, drama, literature, audio-visual, graphic and visual arts.”

“Clickwrap” or "Click-on"

Clickwrap or Click-on is a license agreement for a website or software to which the user agrees by clicking on a button or link.

Once the user clicks on the “I accept” or “I agree” button or link, thereby accepting the license, he or she can access the copyrighted material and is bound by the terms of the licensing agreement. An “End-User Licensing Agreement” or “EULA” is a classic example of a “clickwrap” agreement. Since the user has no choice except to accept the licensing contract in order to access the content or program, in recent years, both courts and public opinion have begun to perceive these sorts of agreements as at least potentially oppressive.

See also “shrinkwrap contract," “contract of adhesion”

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Choice of Laws

The doctrine by which a court or other tribunal determines which country’s or jurisdiction’s laws will apply to a particular case or claim.

In any legal dispute that crosses political borders, whether domestic or international, there is a question of which laws will apply to the dispute. Such cross-border disputes are increasingly common in the Internet era. For instance, if an Internet user in Italy accesses a server in Sweden, and downloads a copy of a song by a U.S. recording artist, what laws should apply? Where should the trial be held?

A court hearing a suit like this will review the facts and decide what location makes the most sense for the trial, and will also decide which jurisdiction’s laws should apply. It is possible, when writing a contract, to specify what laws will govern in the event of a dispute. Occassionally, the laws of more than one country or jurisdiction might apply to different issues or claims in the same litigation.

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Circumvention

The act of avoiding, breaking or otherwise bypassing protections on digital content and technology.

Many digital or electronic resources, including online databases and software, come with built-in protections which in theory prevent illegal copying or impermissible uses. For example, DVDs may have a “region code” embedded in their data that prevents them from being played on DVD players from different parts of the world. Likewise, software may have added code, or encryption, which prevents it from being copied.

Although these technological barriers may arguably help to protect illegal copying or use of content, they can also get in the way of legitimate uses, such as playing a DVD on a Linux-based player, or making an archival copy of software. A user who wants to do these things will therefore have to circumvent, or break, the protection measures. However, this is illegal to do in many countries.

Notably, in the United States, Section 1201 of the Digital Millennium Copyright Act (1998) specifically forbids circumvention of technological protection measures, and even makes it illegal to sell or own anything that facilitates circumvention.

Laws like Section 1201 are controversial, because from one perspective, the protections a law like this facilitates are parallel to, and can last longer than, those offered by copyright. This arguably defeats the purpose of copyright law’s limited duration protections, violates copyright’s implicit bargain with the public and harms the public domain.

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Copyright

The set of rights granted to the author of a creative work that govern certain third party uses of the work.

These rights vary from country to country, although there is substantial international harmonization. They can typically be divided into economic rights and so-called “moral” rights.

With respect to the economic rights, they essentially represent a temporary monopoly over the creative work in question. In theory, this monopoly control is supposed to incentivize and reward creator, convincing them to create more. However, when the term of copyright ends, the work belongs to the public. The public’s gains from the creation of new works is thought to compensate for the inefficiencies that a monopoly represents. Economic rights are truly “property” in that they can be sold, assigned, inherited, divided up, and more.

With respect to “moral” rights, these belong to the author at the moment of creation, and cannot usually be transferred to anyone else.

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Common Law

A legal system based primarily on custom and the precedent of court decisions.

International legal systems tend to fall into one of three categories. Typically found within countries that have some historical connection with the United Kingdom or the former British Empire ,“common law” systems have a legal system based primarily on custom -- the precedent set by court decisions (“case law”) , in contrast to civil law systems or religious law systems.

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Collective Rights Management Organization/Society

An organization that controls the economic rights to a large number of creative works.

Also known as “collecting society” or a "copyright collective.”

A collective rights management organization or society most often deals with the rights to music and text. These groups lower the transaction costs of acquiring rights and make it easy for would-be users of copyrighted works to get permission to do so. With a collective rights group, there need only be one set of negotiations and one fee paid, regardless of how many different works are used. Compare having to find and negotiate with the rights-holders for one hundred different songs with negotiating a single contract.

While groups like this undoubtedly solve a market problem, criticisms leveled against them include that they do not channel enough of the fees they receive to the actual artists, and that they seek to unfairly charge for uses over which they should not have control. Also, most notably, there are no collective rights groups managing the rights to sound recordings, which has led to much controversy over sampling.

Some collective rights management organizations include:

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Compulsory License

A license for use of copyrighted material that is mandated by law to be made available to everyone on an equal basis, usually in exchange for the payment of a set fee.

From the user’s perspective, it is a use for which the user does not need to seek permission. That is, the rights-holder may not refuse to grant the license to the user. The rights-holder still has the right to whatever revenue comes from the use, but has no rights of control.

Such licenses are always non-exclusive, since anyone can obtain one, and the fees that are paid to the rights-holder for them are usually set by statute. An example of a compulsory license is the so-called “mechanical license” under U.S. law for recording a new version of an existing song. Once a song has been released to the public, any other artist may record a version of it, and must pay a set fee (currently 2.5 cents per copy) to the rights-holder of that song.

This is not the only example of a compulsory license. There is a wide variety, whose nature and terms depend on the laws of the country in question and the nature of the work. Compulsory licensing schemes exist for music, text, pharmaceuticals and more.

Recently, some copyright scholars and activists have proposed that the solution to the perceived problem of peer-to-peer filesharing will be some sort of compulsory licensing scheme. Filesharing would become legal, but artists would get paid, most likely out of a fund created by levying taxes on recordable media and associated technologies.

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Civil Law

A legal system in which the law is based almost exclusively on legislation.

Such a system is as opposed to a common law system (based on tradition and court decisions) or a religious law system. Civil law regimes tend to be either inspired by or directly descended from Roman legal systems.

According to Wikipedia, “The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most prevalent and oldest surviving legal system in the world.”

Most of Europe and its former colonies have civil law-based legal systems, many of which hearken back to the Napoleonic Code.

This version of civil law is not to be confused with the sort that occurs in the civil law / criminal law distinction, in, among others, U.S. law.

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Commons

This term refers to both the property that is owned by the community in general and the social regime for governing usage of that resource.

Some historical commons were truly open to all, but some were governed by rules that limited access. However, despite what might seem like a complete lack of any rules for governing the maintenance and usage of a commons, they were historically at the center of a complex web of social norms, and were well-monitored and maintained.

In the late 1960s a school of thought emerged whcih claimed that any real commons would quickly be over-exploited by an economically rational user, and that only private ownership could successfully manage societal resources.

Although this idea was quickly and widely accepted, it has been challenged in recent years for misstating the facts surrounding historical commons, as well as for overlooking the real problems that can arise from complex webs of private ownership, a problem Michael Heller has called “the tragedy of the anti-commons.”

With respect to copyright, the commons is the enormous body of creative work to which all of society has access. Some is historical; some is contemporary. Everyone having access to them does not necessarily mean that no one holds copyright in the works that make up the commons. Some works are in the public domain, which means that not only can anyone access them and make use of them, but that no one has the right to restrict their usage in anyway. On the other hand, works existing under regimes such as Creative Commons, or the GPL license , as well as so-called “Open Access” journals, are examples of copyright-controlled information that is nonetheless part of the commons. For example, the works of Shakespeare, or a culture’s folktales, are part of the commons, as is any modern work which its author has dedicated to the public domain. Further, any work to which anyone has access, but for which the usages are restricted (usually with respect to keeping further uses of the work open to access) are still considered part of the commons.

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Compilation

A work that gathers together other previously existing copyrighted works or facts.

For example, an anthology of stories is a compilation. A recording that brought together songs from a wide variety of artists, such as a soundtrack album, would be a compilation. A database is also a compilation, of facts rather than creative works. In many jurisdictions, it is possible to hold a separate copyright in a compilation that is independent of any copyright in the works that make it up, as long as there is sufficient creativity in the selection and arrangement of the works. It is also possible to hold copyright in a database, based on the selection and arrangement of its factual elements, or alternatively, based on the effort that went into creating it.

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CONFU

An abbreviation of the “Conference on Fair Use.”

The Conference on Fair Use was a series of meetings held in the United States in the mid to late 1990s. The purpose of CONFU was to have a meaningful discussion about “fair use” in an increasingly digital age, especially for academics and librarians. However, due in large part to fundamental disagreements among the various represented interest groups, the meetings failed to achieve any meaningful consensus.

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Counterfeiting

Counterfeiting is the practice of making illegal copies of something and then attempting to pass the copies off as the real thing.

Almost anything can be copied, whether currency, material goods, or intellectual property. A counterfeiter hopes to take advantage of any positive reputation that the original enjoys without having to invest time and resources in creating it. Counterfeits damage the original by competing with it in the marketplace and by hurting the original’s reputation.

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Course Pack

A collection of documents put together by a teacher as a resource for students in a particular course or class.

Often, teachers with a specific curriculum in mind will wish to assemble their own materials rather than teach from a particular textbook. As a corollary to this, a teacher creating a curriculum drawing on a wide range of resources may wish to simply provide her students with only the materials they need, rather than requiring them to purchase many books, often at great cost, each of which will contain only a small piece of the curriculum, and the majority of the contents of which will be superfluous.

Of course, creating such a “course pack” necessitates the copying of the relevant works, implicating copyright law. Such copying may or may not fall under fair use, fair dealing, or other exceptions to copyright, depending on the circumstances and the jurisdiction. There have been two seminal cases in the United States dealing with course packs and copyright, both of which were resolved against the universities in question. It is noteworthy, though, that each of those cases involved a for-profit copying service.

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Creative Commons

“Creative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright.”

The above definition comes from the Creative Commons website. The organization was founded in 2001 by, among others, Harvard Professor Lawrence Lessig. Its goal was to provide simple, easy to understand and use copyright licenses that would allow creators to share their work with the world under terms they were comfortable with, so people can share, remix, and/or use them commercially, rather than the default terms offered by statute. Currently, Creative Commons offers 6 different licenses (in 50 countries and counting), whose features vary according to the uses they allow. The existence and terms of these special licenses are communicated to users by employing both the Creative Commons name and a series of icons that suggest the specific terms of the license.

A 2008 U.S. case, Jacobsen v. Katzer, concerning later usage of software licensed under a license similar in style and intent to those offered by Creative Commons held that the license was a valid one, and that violating it terms constituted copyright infringement. The ruling greatly strengthened the enforceability of such agreements, helping their use to be perceived as more mainstream and legitimate.

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Collective work

A creative work that represents the creative input of more than one author.

When two or more people share the copyright in a work they are referred to as “joint authors” A movie is a classic example of a collective work, involving as it does the efforts of hundreds, if not thousands, of people. Nevertheless, the rights to collective works are usually held by only one, or at most a few, people. In the case of a movie, most of the people working on it are treated, by their contract, as employees, rather than as joint authors.


Damages

The money given to a copyright holder to compensate him or her for the harm caused by infringement.

Whenever the copyright in a work is infringed, there is at least the theoretical possibility that the legal holder of the copyright has been harmed in some way. If the rights-holder sues the infringer and wins, a court may award damages to the rights holder as way of compensating them for any damage that has been done. A rights-holder may seek actual or statutory monetary damages,depending on which she thinks are more valuable, or easier to determine, or an injunction compelling the defendant to cease the infringing activities.

Actual Damages

Actual damages represent the true cost of the harm suffered as a result of the infringement.

For example, if it were possible to determine exactly how many sales had been lost as a result of an act or acts of infringement, it would be possible to calculate actual damages. One thousand sales lost, at a profit of ten euros a sale = ten thousand euros damages. In practice, it can be very difficult to accurately calculate actual damages. When this is true, statutory damage provisions will frequently be used instead.

Statutory Damages

Statutory damages are damages where the amount of money a rights-holder may collect as damages is set by statutes.

Many legal regimes contain provisions for statutory damages. For example, in US law, 17 USCA 504(c) states that “Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just.” For willful infringement, the amount can go up to $150,000!

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Database

A database is a collection of data on a particular topic or topics, usually searchable, aggregated into one place.

Databases have an unusual relationship with copyright. The creator of a database can hold copyright in the database, but only in certain aspects of it, because the contents of a database are either facts, in which case they aren’t copyrightable at all, or they are non-factual, but therefore already under copyright, and controlled by different rights-holders. However, a lot of work can go into creating a database, and some jurisdictions recognize and protect that labor.

For example, in the U.S., the copyright in databases is colloquially known as “thin” ( as opposed to "thick") and is only in the selection and arrangement of the materials. On the other hand, in the European union, databases receive 15 years of protection to protect the investment of time, money and resources on the part of the database creator.

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Datamining

The practice of sifting through large quantities of data, often in a database, to identify and make use of the patterns and details that emerge.

For example, consumer goods corporations mine the data generated by frequent shopper cards in order to better target advertisements. The company Google mines the data generated by the searches it performs to more accurately perform subsequent searches and to effectively target the advertisements that are alongside. Scientists mine the data generated by large-scale surveys of natural phenomena, whether astronomical observations or genetic codes.

Depending on the sort of data being mined, privacy issues can become a very real and important concern.

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Derivative work

A derivative work is one that adapts or modifies an existing work, drawing on that work for its substance and general material.

A film based on a novel is a derivative work of that novel. An action figure based on a character from an original film is a derivative work of the film.

A derivative work may or may not be copyrightable on its own, depending on how much original material it contains, and whether permissions were granted for the copied material. The U.S. copyright office says “To be copyrightable, a derivative work must be different enough from the original to be regarded as a new work or must contain a substantial amount of new material.”

For example, Alfred Bester’s novel The Stars My Destination is inspired by and modeled after Dumas’ The Count of Monte Cristo. It is arguably a derivative work of that older novel. However, Bester's book clearly has sufficient original material to qualify for copyright protection on its own, and further, is original enough that it would not infringe copyright in Dumas’ book, were that book still protected by copyright. On the other hand, an independent screenwriter's new screenplay featuring the "Rocky" character made famous by Sylvester Stallone was found to be clearly a derivative work, in which no copyright could be had.

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DMCA

The DMCA is the short name for the Digital Millennium Copyright Act.

The DMCA is copyright legislation that was passed in the United States in 1998. Its intended purposes were to bring U.S.copyright law more into harmony with international norms and to address many of the new concerns that digital technology and file-sharing raised. The DMCA contains the now-notorious anti-circumvention provisions, which made it illegal, even for a legitimate user, to avoid, break or disable any technological measures protecting content. It also created what are known as “safe harbors”, descriptions of behavior where Internet service providers could be certain they would not be legally liable for the actions of their users.

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DRM

DRM, or “Digital Rights Management” is a catch-all term for any technological measures, usually but not always software-based, that are put in place to protect copyrighted content.

DRM usually works by restricting access to the content in some way. DRM applies to all would-be users of the content, event those who have purchased it, or the right to access it, legally. Most DRM techniques are also easily circumvented by a technically adept and/or determined user. Therefore, DRM has the net effect of inconveniencing legitimate users, sometimes seriously, and being a minor inconvenience at best for professional criminal users. Additionally, certain forms of DRM can raise serious privacy concerns, as well as call into question the very idea of “ownership” of digital information.

For these reasons, DRM has been heavily criticized, and there may be a trend in the content industry away from its use. For example, after many complaints from users, iTunes and Amazon now offer DRM-free music downloads, and most of the major record labels have given up on DRM for digital music. However, the Recording Industry Of America, and the Motion Picture Industry of America have both said that they see DRM being part of their business models for the foreseeable future.

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Due diligence

Due diligence refers to the level of effort someone must make in order to have fulfilled their legal duties in a particular situation.

It is the standard of care that person must exercise. In the copyright context, the term is most often encountered with respect to the necessary efforts a would-be user of content must make to locate the holder of the rights in a particular piece of content. This has become an important concept recently with respect to so-called ”orphan works” and the Google Book Search project.

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Economic Rights

The rights associated with copyright that allow the rights holder to exercise control over use of the work for economic benefit.

Economic rights include, among others, the right to make and sell copies, to perform the work publicly, and to prepare derivative works.

eIFL

A nonprofit organization that advocates for access to library resources across the world.

According to eIFL's website:

“eIFL.net is a not for profit organisation that supports and advocates for the wide availability of electronic resources by library users in transitional and developing countries.

"eIFL’s core activities are negotiating affordable subscriptions on a multi-country consortial basis, supporting national library consortia and maintaining a global knowledge sharing and capacity building network in related areas, such as open access publishing, intellectual property rights, open source software for libraries and the creation of institutional repositories of local content.

The eIFL.net vision is to provide leadership and be a strong international advocate for expanded availability of electronic resources and to enhance the skills base of eIFL.net library consortia, so that they are at the leading edge of developments. eIFL.net’s mission is to: (1) assist in the building of strong national consortia; (2) be the premier multi-country negotiator for securing affordable commercial electronic information services; (3) provide strong advocacy and support for the development and accessibility of local digital resources; (4) provide an effective central advisory and capacity building program in open access publishing, copyright and free and open source software for libraries (5) leverage multi-national expertise and resources to fulfill this mission; (6) provide top quality educational and consulting services; (7) be an advocate for the adoption and advancement of effective information distribution models; and (8) develop model partnerships with global funding agencies, foundations, consortial groups, and content providers.”


Exceptions and Limitations

The exceptions and limitations to the otherwise exclusive rights of a copyright holder.

While copyright is usually conceptualized as the granting of a monopoly for a limited period of time, there are nearly always exceptions and limitations to the otherwise exclusive rights of a copyright holder. These can be statutory or customary and represent uses for which a user need not get permission, or for which fees are preset, or something else that places limits on the monopoly of the copyright holder. These exceptions and limitations are often driven by public policy concerns.

“Fair use” in U.S. law and “fair dealing” in some other parts of the world, are classic examples of doctrines that place a limitation on the copyright holder’s monopoly. Any form of compulsory licensing would be another. Some exceptions are directed at particular classes of user, such as the exceptions pertaining to making copies for the disabled.

Rule-based

Rule-based exceptions are those whose qualities are described in specific detail, so that a particular use either does or does not qualify as an exception.

The Chafee Amendment in U.S. Copyright law that exempts the making of copies for the disabled is an example of a rule-based exception.

Guideline-based

A guideline-based exception or limitation is one that sets forth one or more factors to consider when determining whether a particular use is fair, rather than hard and fast bright-line rules.

Any particular use must be evaluated on an individual basis to determine if it qualifies for the exception. For example, the “fair use” doctrine in U.S. law, which lists four non-exhaustive factors and partial list of suggested fair uses, is a guideline-based exception.

Library exceptions

Libraries are often treated as a special sub-class of users of copyrighted material because of the public nature of their mission and the strong public policy arguments in their favor. As such, they enjoy a unique set of exceptions and limits on copyright law in many countries. While the copyright law concerning libraries varies from country to country, there are some near-universal general exceptions for libraries.

Preservation

Libraries are frequently permitted to make copies of works in order to preserve them, or for archival purposes, without violating the copyright in those works.

This is in line with the traditional role of libraries as repositories of knowledge.

Loaning

Under certain circumstances, libraries are permitted to make copies of copyrighted works for the purpose of loaning them to patrons or to other libraries without violating the copyright in those works.

Research

Libraries are often permitted to make copies of copyrighted works for research purposes (whether their own or that of their patrons) without violating the copyright in those works.

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“Fair Use”

A tenet of U.S. copyright law that describes the circumstances under which one can sometimes make use of protected works without first getting permission or paying the rights holder.

Fair use is a tenet of U.S. copyright law, found in 17 U.S.C. section 107. It is often referred to as a “safety valve” for free speech and is one of the two aspects of U.S. copyright law that help to prevent copyright’s monopoly from interfering with freedom of speech, another important U.S. right enshrined in the U.S. Constitution. (The other aspect of U.S. copyright law that seeks to balance the copyright monopoly against the public's interest in free speech is the idea/expression dichotomy.)

Fair use is a set of guidelines, rather than a rule, and is evaluated on a case-by-case basis according to four non-exclusive factors. These are:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

The nature of the copyrighted work;

The amount and substantiality of the portion used in relation to the copyrighted work as a whole;

The effect of the use upon the potential market for, or value of, the copyrighted work .

Because of its status as a "safety valve" for speech, fair use is often called upon or relied on by content users attempting to assert their rights under copyright law. However, because fair use is not clearly defined and can be hard to interpret, and because a copyright lawsuit can be extremely expensive, many users are scared or reluctant to rely on fair use when they use copyrighted works. This, in turn, has led to an effort by some groups to “reclaim fair use” for the public, and prevent what author Lewis Hyde has called “the third enclosure” of the common, that of the mind.

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“Fair Dealing”

The term used in the United Kingdom and other Commonwealth nations to describe the circumstances under which one can use copyrighted works without payments or permission.

Somewhat similar to the concept of “fair use” in the United States, “fair dealing” is found in many common law jurisdictions, such as Canada, Australia, New Zealand and others. Unlike fair use, which is a set of guidelines, fair dealing in most countries is limited specific categories of use. If a particular use falls into one of these categories, a court will ascertain whether, on balance, it should be considered "fair." It is usually considered somewhat more predictable but also somewhat less flexible than the concept of “fair use” employed in the United States.

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First Sale doctrine

The idea that once the first legitimate sale of a physical embodyment of a copyrighted work has taken place, the copyright holder has no claim to control further sales or many uses of the particular copy.

The first sale doctrine is a concept found in U.S. copyright law, and in some form in some other jurisdictions where it may be known as ”exhaustion of rights.” For example, if a person buys a book (a physical paper copy), that person can resell the book without the permission of the rights-holder.

The first sale doctrine has become more important with the advent of non-rivalrous digital goods, goods that can be copied and shared without transfers of possession. The question of what it means to “own” something is now more difficult to answer. Many software companies and other purveyors of digital goods have attempted to handle this by saying that users are actually purchasing a license to use, rather than buying an actual “thing.” This distinction is often lost on users, though, who are frequently baffled and frustrated when they cannot do things they assumed they could with something that, in their minds, they own.

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Fixation

Reduction of a work of authorship into some tangible form, which is required for copyright protection in many countries.

Fixation is one of the fundamental tenets of U.S copyright law. Such fixation might include writing something down, recording it, placing it on film, or making it. For legal systems with a fixation requirement, it is the fixing that changes an idea into a copyrightable work.

The fixation requirement can lead to some interesting results for creative art form that do not normally record or otherwise fix their expression, such as choreography, stand-up comedy, recipes, or the performance of live music. U.S. law has a specific statutory provision mandating that performers of live music still hold rights in it even if they are not recording it, and that others cannot record the performance without their permission.

Most jurisdictions do not have a fixation requirement, choosing instead to vest copyright in a work using other criteria. For example, Swiss law requires only that a work have “individual character”.

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Free trade agreement

A free-trade agreement (or FTA) is a treaty between two or more countries that establishes trade guidelines so that trade between participating countries is theoretically unrestricted by tariffs.

Often, such agreements include copyright-related clauses.

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GNU-GPL license

The GNU-GPL license is an open source software license.

One of the most well known symbols of the free software movement, which is sometimes called FOSS, for “Free open source software”. GNU is an open source operating system, upwardly compatible with Unix.

Richard Stallman started working on GNU at MIT in 1984, and founded the Free Software Foundation in 1985 to help his efforts. When GNU was incorporated with the Linux kernel, the combination became the GNU/Linux system, now found in various different software distributions.

GPL stands for “General Public License”. GPL licenses must contain what are referred to as the ”four freedoms”, which are:

  • The freedom to run the program, for any purpose (freedom 0).
  • The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
  • The freedom to redistribute copies so you can help your neighbor (freedom 2).
  • The freedom to improve the program, and release your improvements (and modified versions in general) to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.

A program is free software if users have all of these freedoms.

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HADOPI

A slang term for recent French legislation [2008-09] designed to regulate Internet usage in accordance with existing French copyright law.

“HADOPI” is an acronym referring to the name of the French government agency that would be created by the bill, the High Authority for Copyright Protection and Dissemination of Works on the Internet.

The HADOPI law was the subject of intense lobbying, both for and against it, and became notorious for its so-called “three strikes provision” and for the fact that in its original form, it provided that an Internet user could be sanctioned after having only been accused of copyright infringement. Although the law eventually passed, the French high court later stuck down this part of the bill as unconstitutional. Soon afterwards, techophile enthusiasts demonstrated that it would be technologically feasible to disguise Internet usage in a way that would call the laws basic effectiveness into question.

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(legal) Formalities

The ritual or formulaic observances that must take place in certain jurisdictions before a work can qualify for copyright protections, or before suit can be filed.

For example, although the U.S. officially abandoned formalities with its 1976 Copyright Act,it is still the case that a work acquires copyright at the moment of creation, but the work must be officially registered with the copyright office before suit can be filed for infringement. At other times in copyright’s history, copyright was conferred at creation, for a period of years, and could then be explicitly renewed for a second period when the first one expired.

The Berne Convention explicitly forbids formalities. Article 5, Section 2 reads:

“The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.”

However, some copyright scholars and activists believe that copyright is actually too easy to acquire and sustain, resulting in, among others, the orphan works problem. These people advocate for at least some formalities for copyright, most often having to do with renewal, so that a work whose rights-holder failed to renew copyright would fall into the public domain.

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Idea / Expression Dichotomy

The concept that ideas cannot be copyrighted, but their particular expression can.

The idea / expression dichotomy is fundamental in copyright law. For example, the particular text of Stephenie Meyer’s “Twilight” series of vampire novels is protected by copyright, but the idea of a girl falling in love with a vampire cannot be protected.

While this may seem obvious or self-evident, the line between the two is not always so easy to find, and aggressive rights-holders continue to try to push the limits of to what they can claim copyright. For example, in the U.S. case Metro-Goldwyn-Mayer, Inc. v. American Honda Motor Co., Inc., the holder of the rights to the intellectual property making up the James Bond character successfully sued an automobile company for an advertisement they had aired. MGM claimed that the ad’s content was sufficiently similar to or evocative of, James Bond, that it had infringed, although no actual copying took place.

'In U.S. law, idea / expression is usually held up, along with fair use, as a “safety valve” that prevents the monopolies granted by copyright from interfering with public policy, freedom of speech, and more.

Under certain circumstances, courts have held that there are a limited number of ways in which to express a particular idea (such as the rules for lotteries or sweepstakes) and that therefore, no copyright can be held in those materials. This is known as the “merger” doctrine.

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IFLA

International Federation of Library Associations and Institutions

According to the IFLA website, “The International Federation of Library Associations and Institutions (IFLA) is the leading international body representing the interests of library and information services and their users. It is the global voice of the library and information profession.”

IFRRO

The International Federation of Reproduction Rights Organisations

“The International Federation of Reproduction Rights Organisations (IFRRO) is an independent organisation established on the basis of the fundamental international copyright principles embodied in the Berne and Universal Copyright Conventions. Its purpose is to facilitate, on an international basis, the collective management of reproduction and other rights relevant to copyrighted works through the co-operation of national Reproduction Rights Organisations (RROs). Collective or centralised rights management is preferable where individual exercise of rights is impractical.

Through its members, IFRRO supports creators and publishers alike and provides internationally a common platform for them to foster the establishment of appropriate legal frameworks for the protection and use of their works.

IFRRO works to increase on an international basis the lawful use of text and image based copyright works and to eliminate unauthorised copying by promoting efficient Collective Management of rights through RROs to complement creators' and publishers' own activities.”

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Incentives

The aspects of copyright law designed to motivate creators to create.

Copyright law grants to the rights-holder, for a limited time, a monopoly over uses of the copyrighted work. Since monopolies are usually considered inefficient, the justification for doing this is usually described as providing the necessary incentives to creators to get them to create. That is, without the incentive of being able to benefit economically by exploiting control of the work, why would an artist create? This is often called the economic theory of creator incentives, or something similar. The assumption is that there is a net gain for society. For example, the Copyright clause of the U.S. Constitution reads “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

The incentive driven view of copyright and creation has come under some criticism for failing to take into account the many different motivations artists have for creating their work, some of which are not financial at all. Other critics point out that even if incentive theory is accurate, extremely long copyright terms do not increase the economic or monetary value of copyright, arguing against term extensions.

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Intellectual Effort

Literally, an effort of the mind, as opposed to a physical effort. The phrase is often synonymous with “creativity”.

In copyright law, this concept is important because not everything qualifies for copyright protection. Most importantly, simply having spent a lot of time and energy on something is not usually enough to qualify for copyright. However, in recent legislation, databases of facts have received protection solely by virtue of the effort that went into them.

Each jurisdiction has a different set of criteria as to what may receive copyright. The U.S. requires that the work be the result of creative input, but has a very low threshold for creativity. The U.S. also requires that the work be fixed in a tangible form. Italian law, for example, states things a little differently, and states that a work must involve an intellectual effort and possess creative character.

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Infringement

Violation without justification or excuse of one or more of the exclusive rights in a work granted by copyright law.

For example, if a copy of a book, song, or computer program is made, or a song or play performed without permission, the copyright in that work has been infringed. What sort of infringement has taken place depends on the level of knowledge and involvement of the infringer.

Direct

Direct infringement takes place when a person who is not the rightsholder performs or engages in one of the activities that the copyright holder has the exclusive right to perform.

Direct infringement is the most common kind of infringement and takes place whenever a user violates any of the rights granted to a copyright holder.

“A plaintiff must meet two requirements to establish a prima facie case of copyright infringement: (1) ownership of the allegedly infringed material and (2) violation by the alleged infringer of at least one of the exclusive rights granted to copyright holders.” -- LGS Architects, Inc. v. Concordia Homes of Nev., 434 F.3d 1150, 1156 (9th Cir. 1996)

For example, if a copy has been made without permission, that is direct infringement.

Indirect /secondary

These are two types of of infringement that take place in conjunction with direct infringement.

NOTE: There can be no indirect or secondary infringement without a concurrent act of direct infringement. An act qualifies as a particular type of infringement according to the knowledge, intent and abilities of the infringer.

Contributory

A contributory infringer has knowledge of the related direct infringement and makes a material contribution to it in some way.

Examples of contributory infringement would be a CD factory owner who knows that his machines are being used to make illegal copies of protected works, or someone who provides software tools for cracking encryption regimes.

Vicarious

A vicarious infringer is one who, while not deliberately encouraging or materially contributing to the direct infringement, has the right and ability to control or prevent infringement, and benefits from it, even if he or she does not realize the infringement is taking place.

Vicarious infringment is roughly akin to “you should have known infringement was taking place, and done something about it.

A club owner who hires performers who then play protected works without permission to do so, and without the owner’s knowledge, is vicariously infringing. The owner herself is not infringing, or helping the performer to do so, but she could make sure of the performer’s licensing, and she is indirectly profiting from the infringement because of the revenues from patrons of the club. Another example would be someone who runs an outdoor market, renting stalls to vendors. If a particular vendor is selling infringing goods, the market owner is vicariously infringing. (For a classic example in US law, see Fonovisa Inc. v. Cherry Auction, Inc., 847 F.Supp. 1492 (E.D. Cal. 1994).

Inducement

The idea that someone might not only make the means of infringement possible, but might encourage others to infringe, even if the inducer is not profiting, either directly or indirectly.

Inducement was perhaps made most famous by the US case M.G.M. v Grokster. In the Grokster case, the court found Grokster liable for indirect infringement, because it had actively induced others to directly infringed, regardless of any substantial non-infringing use of the Grokster technology. This was in contrast to the Sony v Betamax decision in the 1080’s which found video recorders non-infringing because they could be used in non-infringing ways, and because Sony had not encouraged infringing uses.

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Lex loci delicti

Literally, "the law of the place of the wrongdoing"

The full term is lex loci delicti commissi.

This concept comes up when discussing a tort or crime that takes place in multiple legal jurisdictions. In such a scenario, a court will have to decide which jurisdiction's laws apply. Lex loci delicti refers to the laws that apply in the place where the crime, copyright infringment for our purposes, was actually committed, rather than where the rightsholder lives, or where the right to the work were first received, etc.

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License

A license is a form of contract whereby a rights-holder grants permission to a person or entity to make use of a copyrighted work in some way.

Licenses can be quite specific, granting permission for only one particular kind of use, and for a limited time, or they can be comprehensive. They may be open source, or restrictive. They may or may not be transferable to others. Licenses have always been part of copyright law, but have come to greater prominence recently with their extensive use in conjunction with computer software.

Model License

A license that does not refer to any particular copyrighted work, or to specific parties, but is instead presented as an example of the license in general.

The model license can then be modified according to circumstances. For example, Creative Commons, which offers six different types of license, makes model versions of each available.

Blanket License

See Blanket License.

Compulsory License

See Compulsory License.

Institutional License

A license granted to an institution, such as a library or school, rather than an individual.

An institutional license’s terms are predicated on the idea that the institution will be serving many different users, under a wide variety of circumstances, and that from a transaction costs perspective, it is far more efficient for all concerned to negotiate terms only once. For example, most, if not all, universities have institutional licensing agreements with the various collective management agencies for the performance of musical works. Many libraries, whether public or academic, have institutional subscriptions to commercial or academic databases, under which any patron of the library may access the database without having to negotiate personal access.

Individual License

An individual license is a license granted to a single person.

Individual licenses can be negotiated for any sort of copyrighted work, but are probably most often seen in the software context, where before using purchased software, a user must agree to the licensing terms.

(non) Exclusive License

An exclusive license is one granted to the holder only.

If a license is exclusive, it means that no other similar license will be granted. For example, a rights-holder in the United States might grant an exclusive license to someone in Germany to be the sole distributor of the copyrighted work in Germany, or vice versa. A non-exclusive license is just the opposite. A person with such a license knows that many others may have been granted the exact same rights. For example, when a person purchases software, he knows that he is not the only one who has eben granted permission to use that software.

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Material breach (of a contract)

A violation of a contract serious enough that the person harmed may compel performance and collect damages, and/or terminate the contract.

A contract is fundamentally a list of terms to which the parties have agreed – things each party has agreed to do or not do. However, no contract, no matter how complex or carefully written, can foresee every possible eventuality. Therefore, it will sometimes happen that a party to a contract will violate one or more of the contract’s terms. Sometimes the breach will be deliberate, sometimes accidental, sometimes driven by circumstance. The question that arises, in the case of a breach, is what will be done about the violation.

Typically, minor violations of a contract mean only that the person harmed by the violation can collect only actual damages. If the breach is sufficiently immaterial these damages may well be zero.

However, substantial violations, which are also known as material breaches, are a different story. They are material breaches because the breached clauses fundamentally matter to the contract. Such breaches typically mean that the injured party can legally compel performance of the contract in addition to collecting damages. Of course, a particular contract may contain specific provisions for what will happen in the case of a material breach.


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Monopoly

A monopoly is exclusive control over a particular resource.

A copyright in a particular work can usefully be conceived of as a monopoly over that work and its uses, albeit for a limited time.

Economic theory typically sees most monopolies as inefficient uses of resources. These inefficiencies are harm to the public good. This harm is justified in copyright law by claiming that the incentives a monopoly provides to would-be creators balance it out. However, this view of things is being challenged more and more in recent years by critics who feel that copyright terms are too long, or that creators have motivations other than monetary reward.

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Moral Rights

Broadly speaking, the set of rights in a work that give control over the existence or fate of a work, rather than over its economic exploitation.

Moral rights (a translation of the French concept “droit moral”) in a creative work are the corollary to the economic rights. They represent the rights in a work that are inherent in its status as a creative work and in its relationship with its creator. While they are statutorily reinforced, they typically are thought of as existing on their own. That is, they are much closer to being “natural” rights. Perhaps because of the nature of the rights, they are more often associated with visual works, such as painting or sculpture, than with “informational” works, such as texts.

The Berne Convention explicitly recognizes moral rights, but U.S. law does not officially recognize moral rights, which is an ongoing source of tension between U.S. law and that of other Berne Convention members. The U.S, maintains that its laws have sufficient provisions in place, such as the Visual Artists Rights Act, to accommodate moral rights.

Article 6bis (1) of the Berne convention reads:

“ (1) Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”

The enumeration of moral rights varies from country to country, but they are most often listed as:

  • The right of paternity -- to claim authorship (or disclaim it, in the event of unauthorized change).
  • The right of integrity -- to approve of or object to any modification, distortion or change to the work.
  • The right of withdrawal -- to remove a work from the public sphere at will.
  • The right of release -- the right to control when a work is seen by the public.

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Mortenson Center

The Mortenson Center for International Library Programs

The Center was founded in 1991 at the University of Illinois at Urbana-Champagne.

According to its website, “The Mortenson Center and the Mortenson Distinguished Professorship seek to strengthen international ties among libraries and librarians, regardless of geographic location or access to technology.”

Individuals at the Mortenson Center participated in the initial testing of this curriculum.

Neighboring Rights

The rights of people who have participated in the creation of a copyrighted work, but who did not “write” it, and for a variety of reasons do not normally qualify for traditional forms of copyright.

Neighboring rights are copyrights that exist adjacent to more traditional author’s copyrights and are granted to a few specific categories of person. The term most often refers to. Examples might include the sound engineers at a recording studio, the performers of a musical composition, or a broadcast organization.

Neighboring rights as such do not exist in all copyright law systems. Some jurisdictions subsume them within “copyright” in general without treating them as any different.

As just one example, the Rome Convention explicitly addresses the rights of performers and producers of sound recordings.

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Open Access

Open access is a term describing an information resource that is open to all.

It also refers to a movement within the academic community dedicated to making scholarly research more accessible, rather than hidden behind a price or permission barriers.

“Open access” journals are not necessarily free, since they may charge a fee for maintenance costs, or to compensate authors, but typically an open access resource is free to all to read and use. Journals that ask for some payment are sometimes called “hybrid” access journals.

Harvard University recently adopted a policy where all of its faculty are permitted and encouraged to make their research available as open access. The U.S. National Institutes of Health has an open access policy requiring all research conducted with public funding to make its results open access, at least after a short interval of exclusivity.

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“Opt-in”

When a person must choose to do something, rather than it happening automatically.

Opt-in describes the default state any situation in which a user or participant has a choice of whether to do something or not, and where the default state is “not”. That is, a person must explicitly and consciously choose to take part. If no action is taken, the person will not participate, agree to terms, etc.

“Opt-out”

When a person must choose to not do something, otherwise it will happen automatically.

Opt-out describes the default state in any situation in which a user or participant has a choice of whether to do something or not, and the default state prior to any user involvement or active decision is “doing it”.

That is, unless the user consciously and deliberately decides to not agree, or participate, and chooses "no", the assumption going forward is that he or she agrees to the conditions proposed.

Original expression

Original expression refers to a creator’s original, copyrightable, creative work.

This is in contrast to any later derivative works, other later work that in some way incorporates the original work, or work that isn’t original at all. Expression that is not original cannot qualify for copyright.

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Orphan works

Orphan works are creative works that are still under copyright protection, but for which it is either impossible or prohibitively difficult to identify the copyright holder.

This is most often a problem with photographs on the Internet, but arises with other types of works as well. Since the works are under copyright, permission is need to use them, but since the rights-holder cannot be found, no permission can be obtained. This puts these works into a sort of limbo. People want to make use of them, but usually won’t for fear of liability, and the works cannot pass into the public domain until the term of their copyright expires.

The settlement with the Author’s Guild in the Google Book Search lawsuit contains controversial provisions for orphan works, although it does not refer to them by that term. These terms are the subject of much debate and opposition worldwide.

Orphan works legislation has also been proposed at several different times in the U.S. Congress.

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"Notice and Takedown”

“Notice and takedown” refers to the particular sort of cease and desist letter associated with the U.S. Digital Millennium Copyright Act.

An Internet entity ( such as YouTube), upon receiving notice that it is hosting or otherwise making available a copyrighted work, can avoid liability for infringement by immediately taking down the copy of the work in question.

These notices are often criticized because their process strongly preferences rightsholders, who can effectively shut down any and all uses of their work, whether fair, permissible or not, since most posters will not bother to challenge a takedown notice with a counternotice.

Counternotice

The response to a DMCA takedown notice.

A counternotice is the action taken by the person who originally posted the work that was taken down under a DMCA Section 512 “notice and takedown”. If the poster believes that the work was used legitimately, he or she can inform the host, who is then are required to put it back up and notify the alleged rightsholder that the copyright has been challenged.

The process for challenging takedowns with a counterntice is much more time-consuming than that for a takedown itself, leading some to criticize the system as unfairly favoring alleged rights-holders, creating a legal avenue for private censorship of speech, and confronting Internet hosting sites with skewed incentives.

“Putback”

When a website that took content down in response to a DMCA takedown notice puts it back up after receiving a counternotice.

“Putback” refers to when an Internet content host, such as YouTube, having received a “notice and takedown” and then a “counternotice”, puts the possibly infringing content back online, pending a review of its copyright status.

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Perform

Making it possible for others to simultaneously experience a copyrighted work.

The right to perform a work publicly is one of the basic rights granted to a copyright holder. Public performance covers a wide range of activity, and the law addressing this tends to be quite complex and fact specific. Putting on a play, reading a book aloud to an audience, or playing a music recording at a club are all public performances.

The limits of the ability or right of a rightsholder to control public performances can under scrutiny in 2009 when, among other incidents, a representative of ASCAP, the American Society for Composers, Artists and Performers asserted his belief that ASCAP should be able to charge licensing fees for cell-phone ring-tones, since whenever the phone rang it was a “public performance” of the underlying musical work. Critics accused ASCAP of merely trying to get a piece of the lucrative ringtone market.

In another controversial episode, The Authors Guild of America asserted that the text-to-speech function of the Amazon Kindle e-book reader constituted a public performance when it was activated, since the book was “read” aloud. Although Amazon asserted that the text-to-speech function was completely legal, it nevertheless acquiesced to authors’ demands by making the function work on a title by title basis. Some publishers immediately chose to disable that function for their e-books. Both Amazon’s actions and those of the publishers drew heavy criticism from disabled persons’ rights groups.

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Piracy

Broadly, any infringement of copyright by copying, or copyright-related theft.

Despite the images it may evoke of ocean-going bearded villains with swords, when it comes to copyright law, piracy is a catch-all term, used to describe many different sorts of copyright infringement and all types of illegal copying.

Some analysts have pointed to and criticized a semantic trend from using piracy to describe only large-scale copying for commercial gain to using, to describe any unauthorized of copying.

But, the fact remains that common usage uses the term piracy to describe not only organizations making hundreds of thousands of counterfeit DVDs, but also to describe peer-to-peer file sharing and at-home, individual personal copying, which may or may not be fair use, depending on who is doing the analysis.

The content industry sees illegal copying as a very serious threat, which may account for their routine usage of such a loaded word, perhaps in an attempt to impute the traits of the very worst sorts of copying to all of it.

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Plagiarism

The use of another’s work without citation or accreditation, with the intent of passing it off as one’s own.

Plagiarism is a type of copying, but is not necessarily copyright infringement. Therefore, it would be possible to have a situation in which use of someone else’s work was not a copyright infringement (the use was fair, the work was in the public domain, the user had permission) but was still plagiarism, because the user did not acknowledge the true author of the work in question. Although such a use would be legal, it would be unethical.

Copying and giving appropriate credit is not plagiarism, but could still be copyright infringement.

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Public Domain

The great mass of creative work to which no one holds copyright. The world’s common cultural resources and heritage.

In copyright law, the public domain can be thought of as those creative works to which everyone has access, and over which no one has exclusive control. Some works in the public domain were created prior to any formal legal system of copyright. Some works in the public domain were once under copyright, but the term of those copyrights has expired, allowing the work to pass into the public domain. The length of time before a work passes into the public domain depends on when a work was created, and the copyright regime in place at the time.

The public domain has been an issue in several recent copyright controversies, including the Google Book Search settlement and a German man who was uploading photographs of public domain artworks to Wikipedia

Dedication To

A creator can, if he or she wants to, choose to waive the copyright in his or her work by deliberately dedicating it to the public domain. Once this is done, the creator can no longer claim the privileges conferred by copyright, and any member of the public may make use of the work.

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Public Performance or Display

A copyrighted work is publicly displayed if the public has access to it.

The right to publicly display or perform a creative work is one of the fundamental rights granted to a copyright holder. A work is publicly displayed or performed if the public can view it. Whether the public has to pay is not an issue.

U.S. Copyright Act, Section 101 states:

“To perform or display a work “publicly” means (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

So, a painting on the wall of someone’s home is not publicly displayed, but a painting on the wall of City Hall is. When the work in question is an outdoor artwork, or a building, things can become difficult to determine. There is also the question of whether a search engine is publicly displaying works when it shows thumbnail images.

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Registration

Formally obtaining copyright protections for a creative work by notifying the copyright office that it exists.

In U.S. copyright law, although a creative work receives copyright at the moment it is fixed in a tangible form, a copyright holder cannot file suit against an alleged infringer without officially registering the work with the copyright office.

The Berne Convention does not require registration, or any other official formalities.

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Relief

What a court grants a rightsholder who has won an infringement lawsuit.

When a copyright lawsuit is resolved in favor of the rightsholder, a court will then grant them relief -- relief from the harm which they have suffered as a result of the infringement

Injunctive

Injunctive relief occurs when a court issues an injunction or a restraining order against an infringer.

The injunction might order that infringing content be removed from display, or that extant illegal copies be collected and destroyed, or whatever measures the court finds appropriate.

Statutory

Statutory relief is relief according whatever provisions for relief exist explicitly in statute.

These could include damage awards, criminal punishment or more.

Religious Legal System

A religious legal system is one where the law is based on the tenets of a particular religion.

Some religious legal systems exist on their own, while some exist in conjunction with another legal system. Sharia, the system of religiously inspired Islamic law, is an example of a religious legal system, as are Hindu law and Halakha or Jewish law.

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Rights

The rights a creator, copyright holder, the public or member of the public has as a result of copyright.

Copyright grants its holder various exclusive rights as part of its limited time monopoly. These rights can be usefully divided into economic rights and moral rights. In addition, as part of the copyright “bargain” the public gains certain rights in a copyrighted work as well. A list of these rights follows.

Right of Integrity

The right to prevent the destruction or defacement of a creative work, or to object to any changes made to a creative work

Most often seen in the context of a painting or sculpture. For example, the rights to a piece of art on display.

Right of Attribution

The right to be known as the creator of a particular creative work, to be given appropriate credit for one’s creations, and not to be blamed for things one did not create.

Right of Disclosure

The right to determine when and if a work shall be made public.

Right of Reproduction

The right to make copies of a work.

Right of Adaptation

The right to make derivative works.

Right of Distribution

The right to sell, export or import a work or copies of a work.

Right of Public Performance and Display

The right to perform or display a work in public.

Right of Withdrawal

The right to withdraw a work from the public sphere.

Most commonly seen with artworks of which only a single copy exists but also sometimes seen as a right to purchase extant copies of a creative work at a reduced rate. For example, a book a writer no longer wants on the market.

Right of Access

The right of the public to have access to a published copyrighted work.

This particular right is actually not a right of the copyright holder, but rather of the public. In return for granting the creator the various copyrights, arguably at the expense of the public, the public gains access to the work.

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Rome Convention

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations

The Rome Convention is an international copyright agreement specifically addressing the rights of three groups. These groups are: performers, the producers of sound recordings, and the broadcasters of broadcasts, all of whom receive protection for their efforts, especially against acts to which they have not consented, like being recorded. First done in 1961, the convention attempts to offer specific protection for creative work that might otherwise not qualify for copyright, usually because of its transitory nature.

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“Safe Harbors”

A clearly defined set of circumstances or actions with respect to a particular law that shield the actor from liability.

A law with safe harbors says “These things will make you liable, but if you do “this”, then you are guaranteed to be safe". Safe harbors play an important role in areas of the law that are primarily governed by guidelines (which ultimately need to be interpreted by a court) , rather than rules. Since many people may lack the resources or legal sophistication to know or find out if their behavior is legal, a safe harbor provides certainty.

In the context of copyright law, although it is also used as a generic term for the limits of “safe” activity”, safe harbors are most often encountered with respect to Section 512 of the United States’ Digital Millennium Copyright Act, “Limitations on liability relating to material online”, which describes various ways in which Internet content providers can ensure that they will avoid liability for the behavior of their users and patrons. The most important of these is the “notice and takedown” proceeding.

Note: “Safe harbor” may also refer to a U.S. – EU agreement regarding the safety and privacy of personal data and databases.

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Statutory Exemption

An exemption to copyright law protections explicitly written into statute.

While a particular behavior might be infringing under the general description of copyright, it is specifically exempted, usually for public policy reasons. For example, copying books without the express permission of the rights-holder is a violation of copyright. However, making copies expressly for the purpose of providing the disabled with access to the book is exempted by statute. Therefore, such behavior is not infringing.

Other statutory exemptions include copying for certain academic uses, especially instructional activities, copying for archival purposes or to deal with broken or obsolete technology, distance education, and more.

The Berne Convention places some limits on what statutory exemptions a country can have in its national legislation with its three-step test, saying “"[i]t shall be a matter for legislation in the countries of the Union to permit the reproduction of such [literary and artistic] works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author".

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Statute of Limitations

A statute of limitations is a law that limits how long a person can wait to bring a legal action after a law is broken.

When the time limit specified by the statute of limitations has run out, or “tolled”, any future legal action is said to be "barred". For example, if the statute of limitations for a particular crime is 10 years, it is generally not possible to prosecute for that crime twelve years after it took place.

With respect to copyright law, the statute of limitations will describe how long after an act of infringement a rights-holder can wait to bring a suit. It will also limit the number of infringing acts for which the rights holder may seek damages. The length of the time limit varies between jurisdictions, and the exact nature of the limits varies as well.

For instance, in the United States, there is a three year statute of limitations for copyright violations, although this is a generic limit, not specific to copyright. This three year clock begins on the date of the most recent infringing act. However, some courts treat this as a “rolling” three years, meaning that a rights holder can only seek damages for acts within the three years prior to bringing suit. Other courts have held that even if the infringing began more than three years prior to the suit, if the infringement was ongoing, and at least one act was within the last three years, the rights holder may seek damages for all of the infringing acts.

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“Sweat of the brow”

"Sweat of the brow" refers to the effort put into something, and any value created as a result.

If you work hard at something, you sweat. Some translations of the book of Genesis in the Christian Bible or Jewish Pentateuch have God telling Adam that as part of Adam's punishment, he will have to produce his food by the “sweat of his brow”.

In copyright law, the logic runs as follows: someone who has invested a great deal of time and energy in producing something needs to be protected, otherwise someone else can take it (by copying) and reap all of the benefit with none of the labor.

This is the “labor theory” of property, historically associated with John Locke. However, most copyright regimes do not grant copyright in something simply because it is the result of hard work. There is typically an originality requirement as well. The United States has explicitly rejected the sweat of the brow theory, in the case Feist Publications v Rural Telephone, which dealt with the partial copying of a telephone directory.

That being said, the EU grants protection in factual databases on what is essentially a “sweat of the brow” theory.

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Tangible Medium

The physical form that a copyrighted work may take.

U.S copyright law requires that a creative work be fixed in a “tangible medium” before it qualifies for copyright, in contrast with the law of some other countries, which confer copyright at the moment of conception.

The tangibility requirement has led to some problems with protection for types of works that are not normally “fixed”, such as dance, stand-up comedy, live musical performances, and more. It has also been the subject of much discussion with respect to computers, computer displays and computer memory, in terms of when a program or a program’s output is “fixed” or not. Some of these issues have been addressed with targeted legislation.

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“Three-Strikes” Laws

A law where the third offense results in more serious penalties.

A “three-strikes” law is a reference to baseball, where it is “three strikes and you are out”. Such laws have stronger penalties following a third infraction. In the copyright context, three strikes laws are copyright enforcement statutes where an Internet user’s Internet access can be summarily cut off after three accusations of copyright infringement.

While strongly supported by the content industry and institutional rights-holders, these laws have come under a great deal of criticism from Internet users, advocacy groups, Internet service providers and libraries for heavily favoring content providers and rights-holders over the public. This is because these laws penalize users based on accusations ( received complaints about a user), not proven infringement, so there is a strong sense of “guilty until proven innocent”. Further the procedures for making an accusation are highly streamlined, whereas the procedures for challenging them are difficult. Such laws have been proposed or passed in France, South Korea, New Zealand and Canada, among others, although some have failed to pass or been struck down.

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“Three-step Test”

The Berne Convention’s Three-Step Test describes the criteria by which a participating country can have its own unique limits or statutory exemptions on copyright law without violating the terms of the Convention.

The three steps come originally from Article 9(2) of the Berne Convention, which reads:

“It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.”

This language can be broken out into the following three steps.

1) The exemptions must be for special cases or types of creative work only;

2) The exemptions allowed must not conflict with the “normal’ exploitation of the work that copyright usually makes possible, and;

3) the exemptions must not unreasonably prejudice the legitimate interests of the author.

This language has since been exported -- with important modifications -- to a number of other international copyright treaties, including the TRIPS agreement, several WIPO treaties, and the EU Copyright Directive. The wide range of contemporary interpretations of the three-step test is discussed in Module 2: The International Framework.

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TPM – Technological Protection Measures

Technological protection measures, or “TPM” are security measures added to digital technology and content by content providers in order to restrict and control access and exert greater control over the uses of the content they sell.

TPM is a broader term than “DRM", which really refers only to software-encoded protections. TPM is potentially both software and hardware based. Measures could include requiring passwords, filtering software, censor chips in computers, monitoring/ surveillance technology, (semi-)autonomous software tools and more. Regionally coded DVDs and DVD players are one example of a TPM. Other examples are Microsoft’s “Trusted Computing” and the “feature” of Apple’s iTunes that permits users to transfer a song to only five different computers.

While ostensibly aimed only at infringing users, TPM techniques often have negative impact on legitimate users, both with respect to legal uses and to privacy concerns. However, under at least U.S. law, it is illegal both to circumvent any technological protection measure and to possess anything that makes circumvention possible. The potentially sweeping nature of TPMs has led some to argue that TPMs make it possible for a rights-holder to not only enforce their copyright, but to exert control over a work that exceeds the limits of what copyright law permits.

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Transferability (of rights)

The feature of copyrights that makes it possible for one rightsholder to transfer ownership of the rights to another person.

One of the basic characteristics of property is that it can be transferred to others, whether by sale, gift, or something else. Copyrights are no different. While a creator initially holds copyright in his or her creative work, those rights can be transferred to another person or entity, who can then transfer them again, etc. For example, recording artists frequently transfer the copyright in their songs to a records company. Michael Jackson famously owned the rights to all of the Beatles’ music.

The various rights that “copyright” subsumes can be transferred as a block, but more often are transferred or sold one at a time, some times to different people.

TRIPS

The Agreement on Trade Related Aspects of Intellectual Property Rights

TRIPS is an international agreement on property rights that came into effect in 1995.

The World Trade Organization’s website describes TRIPS as “to date, the most comprehensive multilateral agreement on intellectual property.” and states that:

“The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information including trade secrets and test data.”

The three main features of TRIPS are its sections on standards, enforcement, and dispute settlement. In a way, it is an umbrella agreement, since it requires that its participants agree to and uphold the tenets of several other agreements, treaties and conventions. These are the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic in their most recent versions.

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UNESCO

The United Nations Educational, Scientific and Cultural Organization

UNESCO was founded in 1945. According to its website it “ functions as a laboratory of ideas and a standard-setter to forge universal agreements on emerging ethical issues.

The Universal Copyright Convention of 1952 was adopted under UNESCO’s auspices.

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United Kingdom’s Chartered Institute of Library and Information Professionals (CILIP)

CILIP: the Chartered Institute of Library and Information Professionals is the leading professional body for librarians, information specialists and knowledge managers.

According to its website, "CILIP forms a community of around 36,000 people engaged in library and information work, of whom approximately 21,000 are CILIP members and about 15,000 are regular customers of CILIP Enterprises. CILIP speaks out on behalf of the profession to the media, government and decision makers. CILIP provides practical support for members throughout their entire careers, helpingthem with their academic education, professional qualifications, job hunting and continuing professional development.”

Universal Copyright Convention (or UCC)

The UCC, which came into effect in 1955, represents an alternative to the Berne Convention.

It was designed by UNESCO to provide a form of multilateral copyright protection for countries what wanted such a thing, but which disagreed with some or all of the Berne Convention. These countries include the United States and Russia as well as much of Latin America and the former USSR.

Its opening section states:

"The Contracting States, Moved by the desire to ensure in all countries copyright protection of literary, scientific and artistic works, Convinced that a system of copyright protection appropriate to all nations of the world and expressed in a universal convention, additional to, and without impairing international systems already in force, will, ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts, Persuaded that such a universal copyright system will facilitate a wider dissemination of works of the human mind and increase international under-standing, Have resolved to revise the Universal Copyright Convention as signed at Geneva on 6 September 1952 (hereinafter called `the 1952 Convention')"

All Berne Convention participants are also UCC members. Additionally, the UCC’s Article 17 explicitly states that none of its provisions are intended to conflict with the Berne Convention, making the UCC of limited importance today, since most countries are Berne members.

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WIPO

WIPO is the World Intellectual Property Organization.

According to its website, WIPO "is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland. The Director General is Francis Gurry. WIPO administers 24 different treaties, including the WIPO Convention, thirteen of which are intellectual property treaties.

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WIPO Performances and Phonograms Treaty (WPPT)

A WIPO treaty that came into effect in 2002, explicitly addressing the rights of performers and producers of sound recordings.

WIPO's website states that:

“The Treaty deals with intellectual property rights of two kinds of beneficiaries: (i) performers (actors, singers, musicians, etc.), and (ii) producers of phonograms (the persons or legal entities who or which take the initiative and have the responsibility for the fixation of the sounds).

They are dealt with in the same instrument because most of the rights granted by the Treaty to performers are rights connected with their fixed, purely aural performances (which are the subject matter of phonograms).

As far as performers are concerned, the Treaty grants performers four kinds of economic rights in their performances fixed in phonograms (not in audiovisual fixations, such as motion pictures): (i) the right of reproduction, (ii) the right of distribution, (iii) the right of rental, and (iv) the right of making available."

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WTO – World Trade Organization

The WTO is an organization devoted to the rules of international trade.

According to its website, the WTO's "main function is to ensure that trade flows as smoothly, predictably and freely as possible."

The WTO is responsible for, among other things, the TRIPS agreement, which was the first time and place that copyright issues became a focus of an international trade agreement.

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Work For Hire

A creative work that the creator has made at someone else’s request, usually for pay.

Work for hire is a concept from U.S. copyright law and exists in a few others as well. For example, if a person commissions a sculpture from an artist, and provides very specific requirements as to materials and appearance, the sculpture will probably be a work for hire, although the ultimate determination is fact specific.

The concept serves to clear up any confusion that might result when an employee creates a copyrightable work in the course of their employment. Under the “works made for hire” doctrine, the employer holds the copyright in such a situation.

It is this doctrine that ensures that, for example, the hundreds of people who work on the production of a motion picture do not have any claim to the copyright.

However, the nature of the employer/employee relationship can be complex and difficult to define, especially when it exists only for the duration of the work’s creation, or the work is created in an educational context.

Further complicating things, since the Berne Convention separately recognizes economic and moral rights, even a creator who has made a work for hire may still possess moral rights in that work.

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