EdX Copyright Online Course - User contributions [en]

Glossary

2009-09-01T03:22:24Z

Hollandof: /* License */

==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.'''

''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 “work-for-hire”, “open access”

'''Other Resources''':

* [http://www.editlib.org/p/29269 A scholarly paper on the academic exception] [Canadian, access required]
* [http://www.sloan-c.org/publications/view/v1n1/CIP2.htm A brief discussion of the academic exception]
* [http://chronicle.com/article/Harvard-Faculty-Adopts/40447 An article on Harvard’s open access policy]

==“Actual Knowledge”==

'''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.''

''Section 512(c) of the DMCA 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 “DMCA”, “safe harbor”

'''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"]
* [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"]

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

'''The American Library Association’s ethics code.'''

''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''':

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

==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 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.''

'''Other Resources''':

*[http://wikileaks.org/wiki/Proposed_US_ACTA_multi-lateral_intellectual_property_trade_agreement_%282007%29 Wikileaks page on ACTA]
*[http://wikileaks.org/leak/acta-proposal-2007.pdf Text of ACTA discussion paper]
*[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.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]

==Assignment==

'''To assign copyright is to transfer ownership of it 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.''

'''Other Resources'''

* [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://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://www.articlesbase.com/law-articles/what-are-intellectual-property-assignment-and-license-agreements-586467.html Short article on assignment and licensing]

==Author==

'''The original creator of any sort of work, regardless of what kind of work it is.'''

''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:''
''“[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.''

See also “Moral Rights”; “Right of Integrity”, “Right of Withdrawal”, “Right of Attribution”.

==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 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

''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 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.''

'''Other Resources'''

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

==Bilateral Agreements==

'''A bilateral agreement is an agreement or treaty made directly between only 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'''

* [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://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]

==Blanket license==

'''A blanket license is a license that applies to every situation'''

''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.''

See also “collective rights management organizations”

'''Other Resources'''

* [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.copyright.com/ Webpage of US Copyright Clearance Center]
* [http://www.accesscopyright.ca/ Webpage of Canadian copyright clearance entity]
* [http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing EFF page on on collective licensing for music]

==“Browsewrap”==

'''“Browsewrap” is a slang term for a contract to see or use content into which an Internet user enters while “browsing” a 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 away. A user will often “click here” to get to desired content without scrolling further down, and so unwittingly “agree” to terms.''

See also “click wrap” and “shrink wrap”

'''Other Resources'''

* [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://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://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://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]

==“cease-and-desist” letter==

'''Broadly, a letter sent to an alleged copyright infringer, requesting that the alleged infringer stop using the allegedly infringing material.'''

''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”.''

''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 question. Under 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.

''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'''
* [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.chillingeffects.org/ Chilling Effects - a website devoted to the suppression or censorship of online speech]
* [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.scribd.com/doc/2526821/Notice-of-Copyright-Infringement-and-Demand-to-Cease-and-Desist Scribd posting of various Cease and desist letters]

==CISAC==

'''CISAC is the International Confederation of Societies of Authors and Composers.'''

''(The word order is different from that of the letters in the acronym because the confederation was initially formed in French. I.e., the “ConfÃ©dÃ©ration Internationale de SociÃ©tÃ©s 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]

==“Clickwrap”==

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

''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.''

See also “shrinkwrap contract, “contract of adhesion”

'''Other Resources'''

* [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://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]

==Choice of laws==

'''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?
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'''

* [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://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://www.scribd.com/doc/239477/Conflict-of-Laws-and-Choice-of-Law US law review article "Conflict of Laws and Choice of Law"]

==Circumvention==

'''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.''

''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.''

''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.''

See also “DRM”, “Right of access”, “DMCA”

'''Other Resources'''

* [http://www.chillingeffects.org/anticircumvention/ Chilling Effects website on anticircumvention]
* [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.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://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://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”]

==Copyright==

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

See also “Rights”, various; "Additional Resources" page

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

* [http://www.copyright.gov/help/faq/faq-general.html#what US Government’s copyright website]
* [http://www.eucopyright.org/ EU’s copyright website]
* [http://ec.europa.eu/internal_market/copyright/index_en.htm EU internal markets copyright 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.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)]

==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.''

See also Civil Law”, “religious law”

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Common_law Wikipedia Article on the “common law”]
* [http://books.google.com/books?id=xXouAAAAIAAJ&dq=common+law&printsec=frontcover&source=bl&ots=8XbPPUS3Vd&sig=Oa5KoDXWXQdGWWri9ojJKCziJgc&hl=en&ei=Og91StPgC6WutgecttWWCQ&sa=X&oi=book_result&ct=result&resnum=3#v=onepage&q=&f=false Google Book, The Common Law by O.W. Holmes]
* [http://www.britannica.com/EBchecked/topic/128386/common-law Britannica article on the “common law”]

==Collective Rights Management Organization / Society==

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

''Also known as “collecting society” and “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.''
''A partial list of organizations that collectively manage rights follows.''

* [http://www.ifrro.org IFRRO website. An international aggregate organization of rights management organizations]
* [http://www.ascap.com/index.aspx ASCAP website. U.S. music]
* [http://www.cisac.org/ CISAC website. Intl. music and writings]
* [http://www.soundexchange.com/ SoundExchange website. US, webstreamed music]
* [http://www.harryfox.com/index.jsp Harry Fox Agency website.US, rights to underlying musical works]
* [http://www.gesac.org GESAC website. EU authors and composers]
* [http://www.agicoa.org/ AGICOA website. International, retransmission rights for independent producers]
* [http://www.ifpi.org/ IFPI website]
* [http://www.biem.org/ BIEM website. Intl aggregating group]
* [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'''

* [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://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==

'''A compulsory license is a license to make use of intellectual property that is automatically granted to anyone who seeks one.'''

''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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Compulsory_license Wikipedia article on compulsory licenses]
* [http://www.copyright.gov/circs/circ73.pdf US Government PDF on compulsory licenses]
* [http://www.cptech.org/ip/health/cl/ Website with list of resources on compulsory licensing (English)]
* [http://lawmeme.research.yale.edu/modules.php?name=News&file=print&sid=1241 Academic blog on compulsory licensing, with links to other posts]
* [http://www.wto.org/english/tratop_e/TRIPs_e/public_health_faq_e.htm WTO website]
* [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://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==

'''A legal system is one in which the law is based almost exclusively on statute.'''

''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.''

''“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 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.''

'''Other Resources'''

* [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.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]

==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==

'''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.''

''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 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.''

See also “public domain”

'''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://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.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://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://dlc.dlib.indiana.edu/archive/00001246/ "Academic article "Creating An Intellectual commons Through Open Access" by Peter Suber]
* [http://creativecommons.org/ Creative Commons website]

==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.''

'''Other Resources'''

* [http://www.copyright.gov/title17/92chap1.html#103 U.S. Law on compilations]
* [http://www.pddoc.com/copyright/compilation.htm US legal resources on compilations (English, US)]
* [http://www.bitlaw.com/copyright/database.html Legal website's page on databases (English, US)]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1299012 Australian law review article “Compilation Copyright: A Matter Calling for 'a Certain...Sobriety'"]
* [http://www.internetlibrary.com/topics/copyright_compilatio.cfm A list of compilation cases]
* [http://books.google.com/books?id=_s_e_YhjQsQC&pg=PA8&lpg=PA8&dq=compilation+copyright&source=bl&ots=RCOegs1pN-&sig=1PLYa0lf1nmycbNcJ5l20UWgqvo&hl=en&ei=LyJ2SqHBJOattgfhyt2WCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=compilation%20copyright&f=true Google Book excerpt: Kennneth Crews on compilations]
* [http://www.law.cornell.edu/copyright/cases/499_US_340.htm Text of ''Feist v Rural Telephone'', the seminal U.S. case on copyright in compilations]

==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, 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 “Fair use”, “CONTU”

'''Other Resources'''

* [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/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.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 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.''

'''Other Resources'''

* [http://www.gonzagaip.org/blog/?p=8 IP Law organization analysis of French court ruling about counterfeiting]

==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, 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.''

'''Other Resources'''

* [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.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://everybodyslibraries.com/2008/04/16/coursepack-sharing-an-idea-whose-time-has-come/ Article on coursepacks.]
* [http://www.aaup.org/AAUP/pubsres/academe/2001/JF/Feat/nels.htm Article on coursepacks 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://www.mcgilldaily.com/article/2987-course-packs-could-go-online- Canadian article on using coursepacks online]

==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

''“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.''

''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'''

* [http://creativecommons.org/ Creative Commons’ website]
* [http://cyberlaw.stanford.edu/packet/200810/breach-conditions-free-and-open-source-software-licenses-may-constitut Stanford Fair Use site on the ''Jacobsen v. Katzer'' case above]
* [http://www.klgates.com/newsstand/Detail.aspx?publication=4876 US law firm analyzes legal implications of ''Jacobsen v. Katzer'']

==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.''

==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]

==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. 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.''

===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!''

===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'''

* [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://en.wikipedia.org/wiki/Visual_Artists_Rights_Act Wikipedia article on 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.truefresco.org/2008/04/renowned-muralist-kent-twitche.html Article discussing an artist’s lawsuit over desecration]

==Database==

'''A data base is a collection of data on a particular topic or topic, 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.''

''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”

'''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://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.copyright.gov/docs/regstat092303.html Testimony to US government on database protection act]
* [http://www.copyright.gov/reports/dbase.html US Copyright Office’s report on 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==

'''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 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.''

'''Other Resources'''
* [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://www.anderson.ucla.edu/faculty/jason.frand/teacher/technologies/palace/datamining.htm Article “What is Data mining?"]
* [http://www.dhs.gov/xlibrary/assets/privacy/privacy_rpt_datamining_200812.pdf PDF of US Legislature report on data mining]
* [http://www.allacademic.com/meta/p_mla_apa_research_citation/2/5/3/9/3/p253934_index.html Article “The Policy Tools of Securitization: Data Mining, EU Foreign and Interior Policies”]
* [http://ieeexplore.ieee.org/xpl/freeabs_all.jsp?arnumber=4053016 Report from the Sixth International Conference on Data Mining-Copyright]

==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.

See also: “fair use”, “right of adaptation”, "idea/expression dichotomy"

'''Other Resources'''

* [http://www.chillingeffects.org/derivative/ Chilling Effects webpage on derivative works]
* [http://www.chillingeffects.org/derivative/faq.cgi Chilling Effects FAQ on derivative works]
* [http://www.linuxjournal.com/article/6366 Computer industry article on derivative works]
* [http://www.copyright.gov/circs/circ14.pdf US Government circular on derivative works]
* [http://en.wikipedia.org/wiki/Derivative_work Wikipedia article on derivative works]
* [http://www.altlaw.org/v1/cases/1081598 Text of seminal US court decision on derivative works, ''Lee vs. A.R.T.'']

==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.''

See also “DRM”, “circumvention”, “WIPO”, “cease-and desist”, “encryption”, “TPM”

'''Other Resources'''

* [http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281: Text of the DMCA]
* [http://www.copyright.gov/legislation/dmca.pdf US Copyright Office’s explanation of the DMCA]
* [http://www.eff.org/issues/dmca EFF webpage on DMCA]
* [http://www.gseis.ucla.edu/iclp/wipo1.htm Text of WIPO treaty to which the DMCA responded]
* [http://www.chillingeffects.org/dmca512/faq.cgi Chilling Effects FAQs 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://secondlife.com/corporate/dmca.php Second Life webpage on DMCA take-down notices]

==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 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.''

''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'''

* [http://en.wikipedia.org/wiki/Digital_rights_management Wikipedia article on DRM]
* [http://mashable.com/2008/01/04/drm-officially-dead-as-even-sony-bmg-drops-it/ Article discussing DRM and its prospects]
* [http://news.cnet.com/8301-10784_3-9939189-7.html News article on DRM in music industry]
* [http://www.almaden.ibm.com/cs/people/hongxia-jin/DRM2009/ Webpage for international workshop on DRM]
* [http://www.eff.org/issues/drm EFF webpage on DRM]
* [http://en.wikipedia.org/wiki/Sony_BMG_CD_copy_protection_scandal Wikipedia article on Sony’s rootkit scandal]
* [http://www.npr.org/templates/story/story.php?storyId=102605547 US’s National Public Radio story on DRM]
* [http://www.techcrunch.com/2008/01/04/europe-wants-to-force-drm-interoperability/ Article on European DRM interoperability]

==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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Due_diligence Wikipedia article on due diligence]
* [http://www.panix.com/~checker/ccddc.htm An economist’s article on copyright reform]
* [http://www.legalmatch.com/law-library/article/due-diligence-for-copyright.html Short legal article on due diligence]
* [http://www.chinalawinsight.com/2009/02/articles/intellectual-property/copyright-due-diligence-investigations-in-china-legal-entity-work-or-occupational-work/ Chinese website’s analysis on due diligence in Chinese copyright law]
* [http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00245 Text of testimony to US Senate, concerning orphan works]
* [http://www.publicknowledge.org/issues/ow Public Knowledge’s page on orphan works]
* [http://www.copyright.gov/orphan/ US Copyright Office webpage on orphan works]

==Economic Rights==

'''The rights associated with copyright that allow the rights holder to exercise control over 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.''

See also "Rights", “Moral Rights”

==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

''"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''

''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

'''Other Resources'''

* [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==

'''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, 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'''

* [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]

====Rule based====

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

====Guideline-based====

A guideline based exception or limitation is one that sets forth interpretive guidelines, 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.''

====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.

=====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.

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

* [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://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192 WIPO study on exceptions]
* [http://www.eifl.net/cps/sections/news/press-area/2008-10-29 eIFL press release on exceptions and limitations]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1415012 Kenneth Crews study on limitations and exceptions]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1415012 Copyright Alliance Statement on exceptions and limitation]

==“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.'''

''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 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:

The purpose and character of the use, including whether such use is of 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", 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.''

See also “fair dealing”, “exceptions and limitations”

'''Other Resources'''
* [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://fairuse.stanford.edu/ Stanford University Libraries’ Fair Use page]
* [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://cyber.law.harvard.edu/research/freedomtoteach Berkman Webpage for “Freedom To Teach” re: 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://en.wikipedia.org/wiki/Fair_use ikipedia 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"]

==“Fair Dealing”==

'''A term describing circumstances when a user 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”

'''Other Resources'''

*[http://www.copyright.org.au/pdf/acc/infosheets_pdf/g079.pdf Australian Copyright Council document on fair dealing]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=875384 Academic paper "Google Book Search: Fair Use, Fair Dealing and the Case for Intermediary Copying"]
* [http://www.economicexpert.com/a/Fair:dealing.htmlAustralian analysis of fair dealing]
*[http://www.ukoln.ac.uk/services/elib/papers/pa/fair/ UK fair dealing guidelines]
* [http://davidakin.blogware.com/blog/_archives/2009/7/31/4274099.html Canadian blog analysis of fair dealing]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1014404 Academic paper "Healing Fair Dealing? A Comparative Copyright Analysis of Canadian Fair Dealing to UK Fair Dealing and US Fair Use"]
* [http://www.myitlawyer.com/2009/fair-dealing-exceptions-in-uk-copyright-law/ Lawyer’s discussion of UK fair dealing]
* [http://en.wikipedia.org/wiki/Fair_dealing Wikipedia article on fair dealing]

==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 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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/First-sale_doctrine Wikipedia article on first sale]
* [http://en.wikipedia.org/wiki/Exhaustion_of_rights Wikipedia article on 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://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://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://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]

==Fixation==

'''The idea that a creative work cannot qualify for protection until it is “fixed” in some tangible form.'''

''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.''

''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.''

''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.''

'''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://en.wikipedia.org/wiki/Canadian_copyright_law#Fixation Wikipedia article on Canadian fixation requirements]
* [http://www.copyright.gov/title17/92chap11.html Text of US law on fixation: 17 USCA 1101]
* [http://books.google.com/books?id=hI8kN17SrEsC&pg=PA169&lpg=PA169&dq=copyright+fixation&source=bl&ots=RF48eIxcrK&sig=36ACkVr6WqJbnnw5DDsHCvDoQwc&hl=en&ei=hR53SsipEpyntgfjodGWCQ&sa=X&oi=book_result&ct=result&resnum=9#v=onepage&q=copyright%20fixation&f=false Google Book excerpt: from Principles of Intellectual Property Law by Catherine Colston]
* [http://books.google.com/books?id=MIIOdtjZLCkC&pg=PA144&lpg=PA144&dq=copyright+fixation&source=bl&ots=Jthqw8uLaY&sig=rwyzzz8JlMC3wYAnQhHdmyKLE4Q&hl=en&ei=CCB3SqHJH6KltgeNzOGWCQ&sa=X&oi=book_result&ct=result&resnum=2#v=onepage&q=copyright%20fixation&f=false Google Book excerpt: Research Handbook on Future of EU Copyright by Estelle Derclaye]
* [http://www.gillhams.com/dictionary/368.cfm English law firm’s explanation of fixation]

==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.'''

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

'''Other Resources'''

* [http://www.trade.gov/fta/index.asp Webpage with list of resources on FTAs]
* [http://www.export.gov/fta/ US government website on FTAs]

==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.''

'''Other Resources'''

* [http://www.gnu.org/copyleft/gpl.html GNU’s webpage on GPL licenses]
* [http://creativecommons.org/licenses/GPL/2.0/ Creative Commons webpage 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://en.wikipedia.org/wiki/GNU_General_Public_License Wikipedia article eon GNU/GPL]

==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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/HADOPI_law Wikipedia article on HADOPI]
* [http://www.eff.org/deeplinks/2009/06/three-strikes-dead-in-france EFF discussion of French “three-strikes”]
* [http://fr.wikipedia.org/wiki/Loi_Cr%C3%A9ation_et_Internet French Wikipedia article on the HADOPI law]
* [http://www.betanews.com/article/French-Assembly-passes-three-strikes-HADOPI-law/1242172150 News article on HADOPI law]
* [http://torrentfreak.com/hackers-undermine-piracy-evidence-with-hadopi-router-090709/ Article on possible flaws in HADOPI’s provisions]
* [http://www.maitre-eolas.fr/post/2009/06/18/1452-hadopi-2-le-gouvernement-envisage-le-recours-a-l-ordonnance-penale French article on HADOPI]
* [http://www.flickr.com/photos/st3f4n/3522802951/ Flickr page discussing 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://recordingindustryvspeople.blogspot.com/2009/06/french-3-strikes-law-hadopi-ruled.html US Lawyer specializing in music copyright and P@P filesharing discusses HADOPI]

==(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.''

'''Other Resources'''

* [http://www.bitlaw.com/copyright/formalities.html Article 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://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://cyberlaw.stanford.edu/node/5688 Stanford Center For Internet and Society’s discussion of Canadian formalities]

==Idea/ Expression==

'''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.''

'''Other Resources'''

* [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.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://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://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]

==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.”''

'''Other Resources'''

* [http://www.ifla.org/ www.ifla.org]

==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.''

''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.''

''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'''

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

==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.''

'''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=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://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.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://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” ==

'''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.''

See also “sweat of the brow”

==Infringement==

'''Copyright infringement takes place whenever any one or more of the rights that the copyright protection grants are violated.'''

''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 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.''

''“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, i.e. that it is taking place; and must make 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.''

'''Other Resources'''

* [http://www.chillingeffects.org/piracy/faq.cgi Chilling Effects webpage on "piracy"]
* [http://www.chillingeffects.org/dmca512/question.cgi?QuestionID=268 chilling Effects FAQ on DMCA Section 512]
* [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://itlaw.wikia.com/wiki/Vicarious_copyright_infringement Technology wiki on contributory infringment]
* [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.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://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://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.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://www.cdt.org/copyright/grokster/ Center for Democracy & Technology's page on ''Grokster'' and infingement]
* [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"]

==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 "choice of laws"

'''Other resources'''
*[http://en.wikipedia.org/wiki/Lex_loci_delicti_commissi Wikipedia article on Lex loci delicti]

==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.''

See also, “click wrap”, “shrink wrap”, “Browsewrap” , “collective rights management agency

'''Other Resources'''

* [http://www.bitlaw.com/copyright/license.html Legal information website's page on licenses]
* [http://creativecommons.org/about/licenses Creative Commons' licenses page]
* [http://en.wikipedia.org/wiki/Category:Copyright_licenses Wikipedia meta-page on copyright 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.techdirt.com/articles/20090628/1626125387.shtml Technology blog's discussion o flicensing controversy]
* [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.cptech.org/blogs/cl4copyright/ Blog devoted to compulsory licenses]
* [http://www.artistshousemusic.org/videos/explaining+the+compulsory+license+clause Video with US lawyer explaining compulsory licenses]
* [http://muse.jhu.edu/about/subscriptions/license_review.html An example of institutional license agreement]
* [http://www.lib.uconn.edu/copyright/modelagreements.html University of Connecticut Libraries' webpage on licenses]
* [http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing EFF white paper on voluntary collective licensing]
* [http://w2.eff.org/share/legal.php EFF page on P2P filesharing and licensing]
* [http://bandfoundry.draftlight.net/resources/copyright/license_types.php Music blog's discussions of licensing in music]
* [http://thepcweb.com/?p=358 Computer sciences blog page on software licenses]

==Material breach (of a contract)==

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

''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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Breach_of_contract Wikipedia article on breach of contract]
* [http://www.constructionbusinessowner.com/topics/law/understand-material-breach-of-contract.html Construction industry website's page on material breach]
* [http://www.chicagobusinesslitigationlawyerblog.com/2009/05/material_breach_of_contract_in.html Chicago law firm's discussion of Illinois court's material breach ruling]
* [http://research.lawyers.com/glossary/material-breach.html Lawyer.com's definition of material breach]

==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.''

See also “incentives”, “commons”

'''Other Resources'''

* [http://www.againstmonopoly.org/index.php?perm=593056000000001200 Blog "Against Monopolies"'s page on copyright's 'Catch-22']
* [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.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://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==

'''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 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 release ( or divulgation) -- the right to control when a work is seen by the public.''

See also “economic rights”

'''Other Resources'''

* [http://cyber.law.harvard.edu/property/library/moralprimer.html Berkman Center webpage "Moral Rights Basics"]
* [http://en.wikipedia.org/wiki/Moral_rights_(copyright_law) Wikpedia page on Moral Rights]
* [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.vlaa.org/documents/VARA2.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.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://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.austlii.edu.au/au/journals/ILB/2001/11.html Australian law review article: "Berne, Baby, Berne: The Berne Convention, Moral Rights and Indigenous Peoples’ Cultural Rights"]
* [http://www.infotoday.com/IT/jan02/ardito.htm Legal column: "Moral Rights for Authors and Artists "]
* [http://www.megalaw.com/top/copyright/copyrightmoral.php Large list of links to resources on Moral Rights]

==Mortenson Center==

'''The Mortenson Center for International Library Programs'''

''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'''

* [http://www.library.illinois.edu/mortenson/ Mortenson Center website]
* [http://www.library.illinois.edu/mortenson/about/ Mortenson Center "about" page]

==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.''

See also “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.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://www.sunsonline.org/trade/areas/intellec/12230096.htm 1996 article "WIPO: COPYRIGHT, NEIGHBOURING RIGHTS IN 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://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://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 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.''

See also “commons”, “GNU-GPL”

'''Other Resources'''
* [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.earlham.edu/~peters/fos/overview.htm Professor Peter Suber's Open Access overview]
* [http://www.plos.org/index.php Website of the Public Library of Science]
* [http://www.soros.org/openaccess/read.shtml The Budapest Open Access Initiative]
* [http://www.soros.org/ Webpage of Open Society Institute]
* [http://www.arl.org/sparc/openaccess/ Scholarly Publishing and Academic Resources Coalition's open access page]
* [http://en.wikipedia.org/wiki/Open_access Wikipedia Article on Open Access]
* [http://www.oapen.org/ Website for Open Access Publishing in European Networks]
* [http://chronicle.com/article/Harvard-Faculty-Adopts/40447 Article about Harvard university adopting open access policy]
* [http://blogs.law.harvard.edu/mediaberkman/2009/03/03/radio-berkman-open-accessories/ MP3 of RadioBerkman interview with Peter Suber]
* [http://freegovinfo.info/node/2531 Discussion of proposed US law limiting open access to research]
* [http://publicaccess.nih.gov/ US National Institutes of Health Open Access homepage]
* [http://cyber.law.harvard.edu/interactive/events/2008/03/suber video of Professor Peter Suber's presentation "What Can Universities Do to Promote Open Access?"]

==“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-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”.''

''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.''

See also “derivative work”, “idea/ expression”

'''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)]

==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.''

See also “commons”, “compulsory license”, “public domain”

'''Other Resources'''

* [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.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://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://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.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.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.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]

=="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.'''

''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.''

'''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 PDF on DMCA]
* [http://www4.law.cornell.edu/uscode/17/512.html Text of DMCA Section 512]

===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, 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.''

''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.''

See also "Notice and takedown",“counternotification”, "putback"

'''Other Resources'''

* [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.cs.cmu.edu/~dst/Terrorism/form-letter.html A "do it yourself" counternotice letter]
* [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]

===“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.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.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"]

==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.''

'''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/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.ascap.com/press/2009/0622_Fighting_For_Your_Fair_Share.aspx ASCAP's page on its mission]
* [http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202432025253 Legal website's article "ASCAP Sues Over Ringtone 'Performance'"]
* [http://www.eff.org/deeplinks/2009/06/ascap-wants-be-paid- EFF legal analysis on ringtone controversy]
* [http://news.cnet.com/8301-1023_3-10161104-93.html News article "Book publishers object to Kindle's text-to-voice feature"]
* [http://news.cnet.com/amazon-retreats-on-kindles-text-to-speech-issue/ News article on Kindle Text-to-speech controversy]
* [http://www.crunchgear.com/2009/05/15/random-house-shuts-down-kindle-text-to-speech-for-their-titles/ Technology blog article "Random House shuts down Kindle text-to-speech for their titles"]
* [http://www.techflash.com/Disability_groups_demand_full_return_of_Kindles_text-to-speech_41583262.html Technology news article "Disability groups demand full return of Kindle's text-to-speech"]
* [http://online.wsj.com/article/SB123419309890963869.html Wall Street Journal article "New Kindle Audio Feature Causes a Stir"]

==Piracy==

'''Broadly, any infringement of copyright by copying. 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.''

'''Other Resources'''

* [http://www.chillingeffects.org/piracy/ Chilling Effects page 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.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://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.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://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==

'''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.''

'''Other Resources'''

* [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.plagiarismchecker.com/plagiarism-vs-copyright.php PLagiarismChecker.com article: "Plagiarism and Copyright Infringement: Is Copying Illegal?"]
* [http://lists.ibiblio.org/pipermail/cc-community/2008-May/003685.html Discussion of plagiarism vs copyright]
* [http://www.plagiarismtoday.com/2005/10/06/copyright-infringement-plagiarism-and-fair-use/ Plagiarism Today article "Copyright Infringement, Plagiarism and Fair Use"]
* [http://www.historians.org/governance/pd/curriculum/plagiarism_defining.htm "Plagiarism: Curricular Materials for History Instructors"]
* [http://www.eucopyright.org/plagiarism/ EU Copyright.org article "Plagiarism Judo - a clever remedy?"]

==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.'''

'''Other Resources'''

* [http://www.librarycopyright.net/digitalslider/ "Is it protected by copyright?" -interactive tool for US law]
* [http://www.thepublicdomain.org/download/ Website for the book The Public Domain – Enclosing the Commons of the Mind by James Boyle]
* [http://www.copyright.gov/pr/pdomain.html US Copyright office statement on public domain works]
* [http://www.law.duke.edu/cspd/ Website for The Center for the Study of the Public Domain]
* [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/ Stanford University Library system's page on Copyright and 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://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://creativecommons.org/licenses/publicdomain/ Creative Commons webpage "Copyright-Only Dedication* (based on United States law) or Public Domain Certification"]
* [http://googleblog.blogspot.com/2005/11/preserving-public-domain-books.html Google Blog "Preserving public domain books"]
* [http://creativecommons.org/choose/publicdomain-2 Creative Commons page about identifying works already in the public domain]
* [http://librivox.org/public-domain/ Librivox web page "Copyright, Public Domain & LibriVox"]
* [http://www.eff.org/deeplinks/2009/07/eff-defends-wikipedi EFF legal analysis "EFF Defends Wikipedian's Right to the Public Domain"]
* [http://www.public-domain.org/ Public-Domain.org]
* [http://www.cpdl.org/wiki/index.php/Main_Page ChoralWiki, home of the Choral Public Domain Library]
* [http://en.wikipedia.org/wiki/Public_domain Wikipedia article on public domain]

==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.''

See also “public performance”

'''Other Resources'''

* [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.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.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"]

==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.''

See also “formalities”

'''Other Resources'''

* [http://www.copyright.gov/register/ US Government's copyright website page on registration]
* [http://www.copyright.gov/eco/ US Government's copyright website online registration system]
* [http://www.copyright.gov/forms/ US Government's copyright website forms for off-line registration]
* [http://en.wikipedia.org/wiki/Copyright_registration Wikipedia article on copyright registration]
* [http://www.allbusiness.com/legal/intellectual-property/3931441-1.html Article on registration tool for user-generated content. (blogging, podcasting, etc.)]

==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.''

See also “damages”

==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,''(Jewish law).''

See also “Common Law” and “Civil law”

'''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://en.wikipedia.org/wiki/Religious_law Wikipedia article on Religious law]
* [http://books.google.com/books?id=YsUMTA4MebwC&pg=PA49&lpg=PA49&dq=religious+legal+system&source=bl&ots=hELODC8c5N&sig=TPV22i8YViZXi1V8sGzxFGKxrg4&hl=en&ei=efB4SsK3BtWPtgeuptGWCQ&sa=X&oi=book_result&ct=result&resnum=4#v=onepage&q=religious%20legal%20system&f=false Google book: Religion,law and tradition By Andrew Huxley]

==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.

====The right of reproduction====

The right to make copies of a work.

====The 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====

Self explanatory. See "public performance and display"

====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.''

'''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://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://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://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://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]

==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.''

See also “neighboring rights”, “fixation”

'''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/ 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.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.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://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://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”==

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

See also “DMCA”, “Notice and takedown”, “counter notice”, “put-back”, “liability” “cease and desist”

'''Other Resources'''

* [http://images.chillingeffects.org/512.html A Chilling Effects page on the DMCA's Section 512]
* [http://www.chillingeffects.org/dmca512/ Another Chilling Effects page on the DMCA and 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://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://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://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://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.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.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://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://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"]

==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".''

See also “Berne Convention”, “three-step test”

'''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/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.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)]

==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.''

See also “damages”

'''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-two.html Copyright scholar William Patry's blog entry #2 on statute of limitations]
* [http://williampatry.blogspot.com/2006/07/laches-and-statute-of-limitations.html Copyright scholar William Patry's blog entry on laches statute of limitations]
* [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://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.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.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" 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.''

See “intellectual effort”

'''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://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://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://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://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://www.law.duke.edu/journals/DLTR/Articles/2001dltr0017.html Law review article "THE FUTURE OF DATABASE PROTECTION IN U.S. COPYRIGHT LAW"]
* [http://www.iusmentis.com/databases/us/ Law and Technology website article "Database protection in the USA"]
* [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/Feist_Publications_v._Rural_Telephone_Service Wikipedia article on ''Feist v Rural Telephone'']

==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.''

See also “fixation”

'''Other Resources'''

* [http://www.law.cornell.edu/uscode/17/102.html US Code Â§ 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.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?]

==“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.''

See also “DMCA”, “notice and takedown”

'''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/2009/07/its-baack-french-3-strikes-law-gets-another-go-from-senate.ars French "3 strikes" law returns, now with judicial oversight!]
* [http://techgeist.net/2009/05/three-strikes-law-struck-down-in-european-parliament/ Three Strikes Law Struck Down In European Parliament]
* [http://freeculturenews.com/2009/07/15/australian-goverment-considering-3-strikes-law/ Australian Goverment Considering 3 Strikes Law]
* [http://www.michaelgeist.ca/content/view/2915/125/ France Says Canada Considering "Three Strikes and You're Out" ISP Policy]
* [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”==

'''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]].''

See also “statutory exemptions”

'''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://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=253867 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://law.bepress.com/cgi/viewcontent.cgi?article=1520&context=expresso 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://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]

==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.''

See also, “DRM”

'''Other Resources'''

* [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.wipo.int/enforcement/en/faq/technological/faq03.html How do technological protection measures work?]
* [http://www.eff.org/pages/technological-protection-measures-draft-ftaa Technological Protection Measures in the Draft FTAA]
* [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://papers.ssrn.com/sol3/papers.cfm?abstract_id=793504 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 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://en.wikipedia.org/wiki/Trusted_Computing Trusted Computing]

==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.''

See also “Berne Convention”, “WIPO”, “multilateral Trade Agreement”

'''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/t_agm0_e.htm Agreement on Trade-Related Aspects of Intellectual Property Rights]
* [http://www.cid.harvard.edu/cidtrade/issues/ipr.html Intellectual Property Summary]
* [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://papers.ssrn.com/sol3/papers.cfm?abstract_id=1400527 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.wiggin.com/db30/cgi-bin/pubs/carlsonQLR01.pdf 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)]

==UNESCO==

'''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

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

'''Other Resources'''

* [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 UNESCO World Book and Copyright Day]
* [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.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://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 Copyright Innovation and UNESCO Powerpoint Presentation]
* [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 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
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'''

* [http://www.cilip.org.uk/ CILIP website]

==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.''

See also, "UNESCO"

'''Other Resources'''

* [http://portal.unesco.org/culture/en/ev.php-URL_ID=1814&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO website's text of Universal Copyright Convention]
* [http://www.copyrightservice.co.uk/copyright/p14_universal_copyright_convention UK copyright Serivce fact sheet on Universal Copyright Convention]
* [http://www.britannica.com/EBchecked/topic/618051/Universal-Copyright-Convention Britannica article on Universal Copyright Convention]
* [http://www.duhaime.org/LegalResources/IntellectualProperty/LawArticle-591/Universal-Copyright-Convention.aspx Legal information website on Universal Copyright Convention]
* [http://manybooks.net/titles/unitednationsother07Universal_Copyright_Convention.html Downloadable text of universal Copyright Convention]
* [http://unesdoc.unesco.org/images/0004/000444/044475Eb.pdf PDF of the draft report of the subcommitee of the intergovernmental committee of the Universal Copyright Convention]
* [http://books.google.com/books?id=OCGsutgMdPIC&pg=PA151&lpg=PA151&dq=universal+copyright+convention+analysis&source=bl&ots=JROw-agDOn&sig=bCuUXetLwC41KNJHUEzUa9cLe50&hl=en&ei=ONx5SumuF4m4M8fRmaMO&sa=X&oi=book_result&ct=result&resnum=5#v=onepage&q=&f=false Googgle Book excerpt: Intellectual property licensing By Richard Raysman, Edward A. Pisacreta, Kenneth A. Adler, Seth H. Ostrow]
* [http://en.wikipedia.org/wiki/Universal_Copyright_Convention Wikipedia article on Universal Copyright Convention]

==WIPO==

'''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.''

''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'''

* [http://www.wipo.int/portal/index.html.en WIPO homepage]
* [http://www.wipo.int/treaties/en/ WIO treaties page]
* [http://www.wipo.int/treaties/en/convention/ The page for the WIPO Convention]
* [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.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]

==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."''

See also, “moral rights”, “neighboring rights”, “fixation”, DMCA”

'''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/summary_wppt.html Summary of the WIPO Performances and Phonograms Treaty (WPPT) (1996)]
* [http://portal.unesco.org/culture/en/ev.php-URL_ID=15851&URL_DO=DO_PRINTPAGE&URL_SECTION=201.html Supplemental UNESCO page on WPPT]
* [http://books.google.com/books?id=_pJyKvyGlUoC&pg=PA165&lpg=PA165&dq=WIPO+Performances+and+Phonograms+Treaty+%28WPPT%29&source=bl&ots=QQkMs_bIk-&sig=loiRRI8ommcqBd71rJYKU2ByXAE&hl=en&ei=B955SoP-GZXYNp3LlaMO&sa=X&oi=book_result&ct=result&resnum=10#v=onepage&q=&f=false Google Book excerpt:Concise European copyright law By Thomas Dreier, P. B. Hugenholtz]
* [http://en.wikipedia.org/wiki/WIPO_Performances_and_Phonograms_Treaty Wikipedia article on WPPT]

==WTO – World Trade Organization==

'''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

''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”

'''Other resources'''

* [http://www.wto.org/ WTO website]
* [http://www.wto.org/english/thewto_e/whatis_e/inbrief_e/inbr00_e.htm The WTO in Brief]
* [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/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: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.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.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.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://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://jlis.glis.ntnu.edu.tw/ojs/index.php/jlis/article/download/416/416 Article: "Impact of WTO’s Copyright Protection to Library Operations & Academic Communications"]
* [http://ifl.sagepub.com/cgi/pdf_extract/29/2/141 Article: "TRIPS into the unknown: Libraries and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights]
* [http://fairuse.stanford.edu/primary_materials/regulations/fr092995.html Text of US Code of Federal Regulations: Restoration of Certain Berne and WTO Works]
* [http://libraryjuicepress.com/blog/?p=550 Article: "A Marxist Analysis of the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights"]
* [http://www.ifla.org/en/publications/the-ifla-position-on-the-world-trade-organization The IFLA Position on The World Trade Organization (available in Chinese, French and German]
* [http://archive.ifla.org/III/clm/p1/pos-wto.htm The IFLA Position on WTO Treaty Negotiations]

==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.''

See also “neighboring rights”, “transfer of rights”, “academic exception”

'''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/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.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.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://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.eff.org/deeplinks/2007/09/film-schools-teach-wrong-copyright-lesson EFF article: "Film Schools Teach Wrong Copyright Lesson"]
* [http://www.scribd.com/doc/1795117/EFF-ACM-copyright-FAQ-010806 Academy for Creative Media FAQ on the Student Copyright Agreement]
* [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]

{{NavFooter}}

Module 4: Rights, Exceptions, and Limitations

2009-09-01T02:33:55Z

Hollandof: /* 50px|Back to the case study */

==[[Image:key.png|50px|]] Learning objective ==

This module will teach you about the rights of a copyright holder and about the exceptions to and limitations on those rights, which allow other people to use the work freely.

<div style="border: 1px solid #ffcc01; padding: .5em 1em; background-color:#ffffff; margin: 3px 3px 1em 3px;">

== [[Image:casestudy.png|50px|]]Case study ==

Angela still wants to make her course pack. Producing the pack requires her to reproduce some works by other people. When should she seek permission and when may she use works freely?

The right of reproduction will be involved at various stages of the work of Angela, the professor, and Nadia, the librarian:
* some resources are available in other libraries only,
* the professor wants to copy large portions of some works, and
* the course pack should be made available to students, hopefully under a digital format.

</div>

==[[Image:lesson.png|50px|]] Lesson ==
== Economic Rights ==

====Rights Relating to Reproduction and Distribution of a Work====

The heart of copyright law is the right to make copies of a protected work. This is called the '''"right of reproduction."''' The copyright holder has the exclusive right to make or authorize such copies. Creating a copy without the authorization of the holder infringes upon the copyright, unless permitted by an exception or limitation on the reproduction right. As we saw in [[Module 2: The International Framework]], the right of reproduction is widely acknowledged by international agreements. As we will soon discuss, however, those same agreements also empower member countries to create exceptions and limitations to this (and other) rights. The copyright statutes of virtually all countries also recognize the right of reproduction.

What does "reproduction" mean? Most obviously, it includes making a copy in the literal sense -- for example, by photocopying a book or article. It also includes converting a copyrighted work into a new format -- such as using a tape recorder to copy a vinyl album. Less obviously, it includes making a new work that is "substantially similar" to an existing work, while having that existing work in mind. So, for example, an art student who stands in front of a painting and paints a faithful replica of it would violate the original painter's right of reproduction (unless the student could invoke one of the exceptions or limitations mentioned above). As one might imagine, the question of how close one work must be to another to be "substantially similar" is highly controversial and is often litigated.

Closely related to the right of reproduction is the '''right of adaptation''', which provides copyright holders with the right to adapt a copyrighted work from one form of expression to another, or to authorize another to do so. Examples of adaptations include transforming a book into a movie or a song into a musical. The right of adaptation is also found in virtually all copyright systems. For example, [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P168_31376 Article 12 of the Berne Convention] requires member countries to grant authors the right to authorize “adaptations, arrangements, and other alterations of” copyrighted works. The right of adaptation also encompasses the right to translate a work into other languages. [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P138_25087 Article 8 of the Berne Convention] requires member countries to recognize this right of translation. In some legal systems, the right of adaptation is expressed as the right to make “derivative works,” which use the original work as a starting point but are not direct copies of the original work.

How far do these rights reach? Recall from [[Module 3: The Scope of Copyright Law]] that copyright only protects the expression of ideas, not the ideas or facts themselves. Thus, a work that is inspired by the ideas contained in another work but does not use any of the protected expression from the initial work is neither a reproduction nor an adaptation, and will not violate the copyright holder's rights. Also, note that [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P85_10661 Article 2(3) of the Berne Convention] provides that authorized adaptations are protected by their own, separate copyright, in addition to the copyright protection given to the original work.

Finally, a copyright holder also has the exclusive '''right to distribute''' his or her work, and the '''right to import''' the work subject to certain exceptions. The right to distribute encompasses the right to sell or authorize the initial sale of a copy of the work. An in-depth discussion of the ways different countries administer and create exceptions to the rights of distribution and importation is available [http://www.uclalawreview.org/articles/content/55/ext/pdf/1.1-1.pdf here].

====Rights Relating to Communication of a Work to the Public====

Another economic right of copyright holders is the '''right of public performance and public display'''. The right of public performance relates to showings of plays, movies, and music. The right of public display relates to the display of artwork such as paintings and sculptures. [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P151_28262 Article 11 of the Berne Convention] requires member countries to grant the holders of copyrights in “dramatic and musical works” the right to control public performances of those works “by any means or process” (including, for example, a live performance or playing a recording of a performance). Article 11 also extends the right of public performance to translations of a copyrighted work. It also requires that copyright holders be given the right to authorize the broadcasting or public communication of the copyrighted work by wire, loudspeaker, “or any analogous instrument transmitting, by signs, sounds, or images.”

As their labels indicate, the rights of public display and public performance only control activities that are public. Thus, persons who own authorized copies of copyrighted works may display or broadcast the works in non-public settings without risk of infringement. For example, a person who owns a copy of a movie may play the movie in her home to a group of social guests without infringing the right of public performance. Similarly, a person who owns a painting or sculpture may display the work in her home without infringing on the right of public display.

The copyright holder’s right to control the public performance of her work extends to many communications that might not initially seem like “performances.” For example, as indicated above, it grants a copyright holder the right to authorize broadcasts of her work. This includes television broadcasting, cable distribution, satellite distribution, and re-broadcasts of a work. It can also encompass on-demand digital transmissions and pay-per-view broadcasts.

== Moral Rights ==

Many countries provide authors '''moral rights''' in addition to '''economic rights.''' Unlike economic rights, moral rights usually cannot be transferred to other persons, although some countries allow them to be waived. This reflects the rationale behind the moral rights system that the works produced by an author are an extension of his or her self and bear the an imprint of his or her personality. Accordingly, moral rights protect certain copyrighted works from destruction or mutilation, partially to protect the author’s expression of her personality, and partially to protect the author’s reputation from harm. Moral rights are recognized especially broadly in countries with civil law traditions.

Recognition of a subset of moral rights is mandated by [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P123_20726 Article 6bis of the Berne Convention]. Article 6bis requires that the author of a work be given at least two types of moral rights. The first is commonly know as the '''"right of attribution."''' It encompasses not only the right of an author to have her name associated with her works, but also the right to not have her name associated with works that are not hers. The right of attribution also gives an author the right to publish a work under a pseudonym. The second moral right required by is Article 6bis is the author's right to object to the destruction or modification of her work in a way that would harm her honor or reputation. This is commonly known as the '''"right of integrity."'''

Although Article 6bis recommends that these moral rights extend after the author’s death, at least until the economic rights expire, it also allows member countries to limit moral rights to the life of the author. However, the protections of Article 6bis are not as strong as the may seem, because it is the only provision in the Berne Convention that is not incorporated by the TRIPS Agreement. Thus the “teeth” provided by the WTO dispute resolution system are not available to compel member countries to recognize moral rights.

In addition to the right of attribution and the right of integrity, many countries also recognize a right of disclosure and a right of withdrawal. The former gives an author the exclusive right to determine when she will release a work to the public. This right takes precedence even over a contractual commitment by the author to transfer the work to a client or patron. The latter permits an author to withdraw works from publication or circulation if she determines that she no longer wants to be represented by or associated with those particular works.

It is important to check your country’s statutory provisions relating to moral rights. Nations vary considerably on the rights they recognize, the duration of those rights, whether they may be waived, and so forth. For example, in Spain, seven moral rights are recognized: the right of disclosure, the right to publish under the author's real name or a pseudonym, the right to be acknowledged as the author of the work, the right to the integrity of the work (which includes the right to prevent distortion or modification of the work), the right to modify the work (limited by other statutory provisions), the right to withdraw the work, and the right of access to a single or rare copy of the work, even if that copy is owned by a third party (though the author’s exercise of this right is limited by certain considerations for the holder of the copy). Under US copyright law, moral rights can be waived by contract, but France does not allow such a waiver.

== Neighboring Rights ==

'''“Neighboring rights”''' (also called '''related rights''') consist of the rights of those who assist the author of a copyrighted work, but who do not qualify for a copyright in the work. They include the rights of broadcasters and broadcasting organizations in their transmissions of programs (as opposed to the copyrights in the programs themselves), the right of an artist in her performance of a piece (as distinguished from the copyright in the underlying work itself), and the right of the producer of a record (as opposed to the copyright in the musical compositions that the record embodies). It is important to keep these neighboring rights in mind, in addition to the rights of the copyright holder, when considering what uses of a given work are permissible.

In addition to the neighboring rights attached to performances, some countries also recognize neighboring rights in databases or compilations. These rights are known as '' '''sui generis''' '' rights. They supplement the copyright and neighboring rights applicable to the works that are gathered in the databases. They also apply to databases where the information itself cannot be copyrighted, such as a database of facts. In the European Union, ''sui generis'' rights grant to database producers the right to control substantial extraction and reuse of their databases. In Australia, the holder of a copyright in a protected database or compilation has the right to reproduce, publish and communicate that compilation to the public. Individuals other than the copyright holder are not permitted to reproduce all or a “substantial part” of the database or compilation without permission. The protection for the database under Australian law covers databases where “intellectual effort” was expended in the selection or ordering of the data. However, creativity is not necessarily required: the compilation can be protected even if it is uncreative, provided that the author expended a significant amount of resources to create it. The protection also extends to forms and tables. Examples of works that are protected under these provisions include betting tickets, telephone directories, and form contracts.

Such database protection rules are controversial. Critics contend that they are unnecessary to provide incentives for the creation of databases and merely impede the flow of factual information. However, efforts to test the criticism empirically by comparing the rates of database innovation in countries with and without database protection rules have thus far been inconclusive.

== Rental and Lending Rights ==

In addition to the rights described above, in some countries the holders of copyrights in some kinds of works have been given rights of various sorts in situations where their works are temporarily made available to other persons. Two quite different rights must be distinguished. A '''rental right''' governs situations in which a copy of a copyrighted work is rented to another person for commercial advantage. A '''lending right''' governs situations in which a copy of a copyrighted work is provided temporarily to someone else for free. The lending practices of almost all public and academic libraries fall under the second heading.

Both rights are relatively new and remain highly controversial. The TRIPS Agreement (in Article 11), the WCT (in Article 7), and the WPPT (in Articles 9 and 13) now all require member countries to recognize rental rights -- but only with respect to three narrow categories of works: computer programs, movies, and phonograms. None of these agreements -- and no other multilateral treaty -- requires member countries to recognize lending rights. Thus far, only one regional agreement requires member countries to establish lending rights: the [http://en.wikipedia.org/wiki/Rental_Directive 1992 Rental and Lending Rights Directive of the EU]. Articles 1 and 2 of that directive require members to extend both rental and lending rights, not just to performers, phonogram producers, and film producers, but also to "authors." Article 5 of the directive permits member countries to limit the lending right, but only if authors are compensated, or to exempt categories of institutions from its coverage, but only if they do not thereby effectively exempt all institutions. The directive proved extremely controversial, and formal proceedings were necessary to force several EU members to conform to it.

Given the highly incomplete coverage of rental and lending rights in the supranational agreements, it is not surprising that many countries currently do not recognize them. Of particular importance to libraries, [http://www.plrinternational.com/established/established.htm currently only 29 countries] have established public lending rights systems. Most of those countries are in Europe. The U.S.A. does not have one, nor does any country in Latin America, Africa, or Asia.

Librarians in developing countries may soon be called upon to participate in discussions concerning whether their countries should adopt a public lending right system. What position should they take? [http://www.ifla.org/en/about The International Federation of Library Associations and Institutions (IFLA)] offers [http://www.ifla.org/en/publications/the-ifla-position-on-public-lending-right two sensible recommendations]. First, librarians should not accept any legislative proposals that would require the libraries themselves to pay fees to authors, performers, and producers. The only ways that libraries could make such payments would be either to charge users or to withdraw scarce resources from other programs. Either strategy would fundamentally impair the libraries' core mission. In short, the only acceptable version of a public lending system would be one in which the government, not the libraries, paid the fees -- as occurs in most European countries. Second, the IFLA argues that even a system in which the government paid the fees would be unwise in developing countries, because it would reduce the money the government could spend on even more essential social or cultural functions -- such as providing its citizens adequate health care or basic educations.

This issue will almost certainly require librarians' close attention in the near future.

== Exceptions and Limitations ==

As was shown in [[Module 2: The International Framework]], all of the international copyright agreements permit countries to make certain exceptions to the rights we have described thus far. Every country has indeed made such exceptions. The purposes of these exceptions vary. Some are justified by the need to respect freedom of expression or privacy. Others are intended to prevent copyright law from frustrating rather than fostering creativity. Still others recognize the impossibility of monitoring and charging for some uses. The list of exceptions is very long. In general, the exceptions should be considered just as important as the rights they qualify. Together, they are intended to strike a balance between the interests of authors and the interests of users and the public at large. For this reason, it is sometimes said that the exceptions create "user rights."

The exceptions take one of two forms. Exceptions of the first type identify specific permissible activities. A good illustration of this approach is [http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32001L0029&model=guichett Article 5 of the EU Copyright Directive]. Section 2 of that article authorizes EU member countries to provide for the following exceptions to the right of reproduction:

''(a) in respect of reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects, with the exception of sheet music, provided that the rightholders receive fair compensation;''

''(b) in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned;''

''(c) in respect of specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage;''

''(d) in respect of ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts; the preservation of these recordings in official archives may, on the grounds of their exceptional documentary character, be permitted;''

''(e) in respect of reproductions of broadcasts made by social institutions pursuing non-commercial purposes, such as hospitals or prisons, on condition that the rightholders receive fair compensation.''''

Section 3 then authorizes member states to create any of the following exceptions both to the right of reproduction and to the right to communicate or make works available to the public:

''(a) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved;''

''(b) uses, for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability;''

''(c) reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author's name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible;''

''(d) quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author's name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose;''

''(e) use for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings;''

''(f) use of political speeches as well as extracts of public lectures or similar works or subject-matter to the extent justified by the informatory purpose and provided that the source, including the author's name, is indicated, except where this turns out to be impossible;''

''(g) use during religious celebrations or official celebrations organised by a public authority;''

''(h) use of works, such as works of architecture or sculpture, made to be located permanently in public places;''

''(i) incidental inclusion of a work or other subject-matter in other material;''

''(j) use for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use;''

''(k) use for the purpose of caricature, parody or pastiche;''

''(l) use in connection with the demonstration or repair of equipment;''

''(m) use of an artistic work in the form of a building or a drawing or plan of a building for the purposes of reconstructing the building;''

''(n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections;''

''(o) use in certain other cases of minor importance where exceptions or limitations already exist under national law, provided that they only concern analogue uses and do not affect the free circulation of goods and services within the Community, without prejudice to the other exceptions and limitations contained in this Article.''

Many of these exceptions plainly benefit the libraries (and their users) in the EU countries that have recognized them. Especially noteworthy are the exceptions for "specific acts of reproduction made by publicly accessible libraries" so long as they are not for "economic or commercial advantage" and "uses for the benefit of people with a disability."

The second sort of exception allows states to provide guidelines for permissible uses and have the courts decide each case. One example of this second method is the “fair use” or “fair dealing” exception, which permits courts to exempt from liability activities they deem “fair,” after taking into account various broad “factors.” The premier example of this approach is the fair use doctrine in the USA, which is embodied in section 107 of the US Copyright Act:

''Notwithstanding the [statutory provisions granting copyright holders exclusive rights], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.''

Courts in the United States have relied on this provision to recognize exceptions for a wide range of activities, including the making of a parody of a copyrighted work, reproducing a portion of a copyrighted work for the purpose of scholarship, and using a videocassette recorder to record a television program or movie for viewing at a later time.

Countries with civil law traditions rely almost exclusively on the first approach. Countries with common law heritages often employ both approaches. Developing countries that formerly were colonies of other countries often employ the strategy associated with the legal tradition they inherited.

When adopting or interpreting exceptions of either type, countries that are members of international copyright agreements (and today, that includes almost all countries) must comply with one or another version of the three-step test, the meaning of which was discussed in detail in [[Module 2: The International Framework]].)

A separate and nearly universal exception to the rights of a copyright holder is the '''first sale doctrine.''' The first sale doctrine says that once a consumer has lawfully purchased a copy of a copyrighted work, the copyright holder no longer has the ability to control that particular copy. For this reason, resale, lending, or rental of a lawfully purchased copyrighted work is generally permissible. However, countries can impose certain limitations on these right. They may restrict or require compulsory licenses for certain uses of copyrighted works. For example, a nation may prohibit the rental of goods that are easily and frequently copied, such as software or phonorecords. Additionally, a nation may require that the author of the work be paid a certain fee upon resale of a copy of a copyrighted work.

The operation of the first sale doctrine is less intuitive with digital works. This is because what may seem like normal use from a consumer’s perspective may actually involve the making of additional digital copies. This in turn could be prohibited by the author’s exclusive right of reproduction. For example, if a consumer purchases a CD, she can listen to it on any CD player without worrying about infringing the author’s copyright. She can also, because of the first sale doctrine, lend that CD to a friend who can listen to it on a CD player and then give it back, without worrying about infringing the author’s rights. However, if that same consumer purchases a sound recording online, listens to it, and then emails a copy to a friend, she will have violated the copyright law because the original recording has been “reproduced.”

== Library Exceptions ==

Last but not least, the copyright laws of many countries contain exceptions or limitations designed to enable librarians to use copyrighted materials in ways that advance their missions. These provisions vary widely by country. For a thorough review of the library exceptions in limitations in 128 countries, you should consult Kenneth Crews’s [http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192/ Study on Copyright Limitations and Exceptions for Libraries and Archives].

Set forth below are descriptions of some common situations in which librarians need flexibility in using copyrighted materials, plus summaries of the ways in which many countries deal with those situations.

=====Allowing Library Patrons to Use the Library’s Copy Machines or Other Copy Equipment=====

Patrons frequently wish to make copies of excerpts of library-owned materials. Unless the book or article the patron is copying is in public domain, such copying is regulated by the country’s copyright statute. If the copying exceeds the maximum set by other exceptions and limitations, the patron may be committing copyright infringement. In some situations, absent a statutory or other safe harbor, the library could be held secondarily or indirectly liable for allowing the infringement to take place by providing the equipment. (The concepts of secondary and indirect liability will be discussed in more detail in Module 7.)

Fortunately, many countries have enacted specific statutory provisions that shield librarians and libraries for liability for copyright infringement committed by patrons who use photocopiers or other equipment the library provides. To qualify for the statutory exemption, libraries typically must post a notice and a disclaimer, stating that the making of photocopies or other reproductions is governed by copyright law, and that the person using the equipment is liable for any infringement.

=====Making Copyrighted Materials Available on the Library's Computers=====

Libraries often make materials available to the public on computers, either through electronic-resources systems or via the Internet. If those materials are subject to copyright, and if the library fails to obtain permission for displaying them, it may be subject to liability. However, many countries have enacted so-called “safe harbor” exceptions to limit the liability of online service providers. To the extent that universities and libraries may be considered such providers, they are shielded from liability for any acts of infringement that occur as a result of their patron's use of the Internet, as long as they comply with the procedures set forth in each country’s laws.

=====Making Copies for Library Patrons=====

Library patrons often ask librarians to make copies of copyrighted materials for their personal use. Many countries provide statutory exceptions that permit librarians to make limited copies for this purpose. Some allow such reproductions only for certain specified classes of works such as periodicals, while others make no such distinctions. Further, some countries only permit copying for purposes such as research, while others do not have this limitation.

By way of example, the United Kingdom allows librarians to make copies of articles in periodicals, but limits such copying to a single article per issue, and requires the patron to prove that the copy is for private noncommercial research or study. Canada, on the other hand, does not have the single-article restriction, but does limit the reproduction exception to articles published in scholarly, scientific, or technical journals. Canada also excludes works of fiction, poetry, etc. from the class of works that may be copied.

=====Making Digital Copies for Preservation and Replacement=====

Librarians are permitted, in certain circumstances, to make copies of library materials for their preservation or replacement. These circumstances are typically tightly regulated by local copyright statutes. Many countries permit copying as long as:

* the library owns the original work
* the work is publicly accessible
* the original is at risk for damage or deterioration, is in obsolete format, or cannot be viewed because of the conditions in which it must be kept.

The permitted reproduction is often limited to a small number of copies. If an appropriate copy is commercially available, the right to reproduce for preservation or replacement is typically limited. Further, copying is often limited to paper reproduction, and copies made in digital format typically may not be made available to the public outside of the library premises.

=====Creating Course Packs for Students=====

University librarians are sometimes asked to create “course packs.” Course packs are typically a collection of excerpts from journals, articles, book chapters, and so forth that a teacher assigns for students enrolled in a particular course.

In the United States, many universities used to assemble course packs without obtaining permission from the copyright holders of the individual articles, believing that such copying qualified for the “fair use” exception for academic purposes. However, court decisions in the 1990s held that such copying did not constitute fair use, and that the universities must obtain permission from the copyright holders to be able to reproduce their articles in a course pack.

The United States doctrine of fair use is far broader than most exceptions to copyright law found in other countries. Because even fair use did not cover course pack assembly, it is likely that librarians in other countries must obtain permission from the copyright holders in order to create course packs. To reduce the administrative burden of seeking permission from many different copyright holders, librarians may wish to contract with collective management organizations like those described in [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_5:_Managing_Rights Module 5]. These private services who enter into affiliations with academic publishers and obtain blanket clearance licenses for the publisher’s entire catalog, or enter into agreements with a collective management organization representing publishers.

=====Adapting Materials for the Blind=====

In most countries, specific exemptions allow librarians to provide modified copies of works to serve the needs of visually impaired patrons. A more detailed discussion of the copyright exception for visually impaired persons can be found in Judith Sullivan’s report of the Fifteenth Session of the WIPO Standing Committee on Copyright and Related Rights, which is available [http://www.wipo.int/edocs/mdocs/copyright/en/sccr_15/sccr_15_7.html#P421_37845/ here].

=====Inter-Library Loans=====

The copyright statutes of some countries contain exceptions for inter-library loans. This enables a library to make a copy of a work for the purpose of lending it to a patron of another library. Sometimes the statutory exception for inter-library loan will require the library to pay a licensing fee in order to make the reproduction, the amount of which is typically determined by the government or a collecting society. In certain countries, such as Australia, New Zealand, and Singapore, a librarian must determine that the article or work is not commercially available before the inter-library loan exception can be invoked.

Similar to inter-library loan statutes are so-called “supply” statutes, which allow a library to make a copy of a work for another library, but do not require that the purpose of the copy be for the private use of a patron. Supply statutes vary among jurisdictions. Some countries (for example, Fiji) require that the librarian first attempt to purchase the work at market value. Others (for example, Antigua) allow such copying only when it is not practicable to purchase a copy. Still others (for example, Ireland) only allow such copying if it would not be reasonable to ask the copyright holder’s permission.

In some cases, a country may not have a specific statutory library exception. Yet libraries may still be entitled to engage in many of the activities described above, if those countries have a broader provision that would permit any citizen, which would include librarians and library patrons, to undertake these activities. This is true, for example, in Iraq and Namibia. Some countries limit their exceptions to a list of designated libraries; in other countries, the exceptions are available to all libraries that meet certain requirements, such as being open to the public and acting for non-commercial purposes.

== Compulsory Licenses ==

In addition to the exceptions and limitations surveyed above, many countries limit the rights of copyright holders with so-called "compulsory licenses." Compulsory licenses are often seen a compromises between the economic interests of copyright holders and the public’s interest in using copyrighted material. For example, [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P170_31589 Article 13 of the Berne Convention] gives countries the authority to impose compulsory licenses for the use of musical compositions. Examples of compulsory licenses existing in some countries include the right of photocopying for academic institutions, the right of public lending paid for by libraries, and the right of private coping of audio recordings in exchange for a tax on blank CDs. This will be further discussed in [[Module 5: Managing Rights]].

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== [[Image:casestudy.png|50px|]]Back to the case study ==

Nadia (the librarian) should help Angela (the professor) understand the rights and exceptions issues raised by the set of materials she has gathered by asking a series of questions such as:

* Are the planned reproductions covered by exceptions or limitations on exclusive rights for libraries or educational purposes?
* If Angela wants to reuse entire works, but she also wants to translate excerpts of the works and comment on them, will such a usage be considered as non-substantial?

If the answers to both of the above questions are yes, Angela and Nadia may reproduce the copyrighted works without seeking permission from the copyright holder.

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== [[image:question.png|50px|]] Assignment and discussion questions ==

'''[[image:assignment.png|50px|]]Assignment'''

1. Use the references in the list of Additional Resources (below) to locate the list of library exceptions applicable in your own country. Summarize the principal exceptions.

2. Imagine and describe a project that you would like to develop at your library but that would not be permitted by the copyright laws in your country. Draft an amendment to your national copyright statute that would cover this use.

'''[[image:discussion.png|50px]]Discussion Question(s)'''

Comment upon some of the amendment proposals of your colleagues.

==Additional Resources==

In 2001, Siva Vaidhyanathan published Copyrights and Copywrongs: the Rise of Intellectual Property and How It Threatens Creativity. The thesis of this highly accessible book is well captured by its title. For an interview with Vaidhyanathan, in which he summarizes his argument, see [http://www.stayfreemagazine.org/archives/20/siva_vaidhyanathan.html Copyrights and Copywrongs]. For a similarly accessible study that takes a much more favorable view of the evolution of the rights and exceptions associated with copyright, see Paul Goldstein, Copyright's Highway: From Gutenberg to the Celestial Jukebox (2003) -- available only in [http://www.amazon.com/Copyrights-Highway-Gutenberg-Celestial-Jukebox/dp/0804747482 print] or via [http://www.learnoutloud.com/Catalog/Business/Entrepreneurship/Copyrights-Highway/1365 audio download].

The most comprehensive examination of the provisions of each country's copyright laws that provide flexibility to librarians is Kenneth Crews, [http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192 Study on Copyright Limitations and Exceptions for Libraries and Archives]

Another highly useful study is International Federation of Library Associations and Institutions, [http://www.ifla.org/III/clm/p1/ilp.htm Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital Environment: An International Library Perspective]

Two helpful WIPO studies are [http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=75696 WIPO Study on Copyright Limitations and Exceptions for the Visually Impaired] and [http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=16805 WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment]

[http://www.ipit-update.com/copy36.htm Copyright Exceptions in the UK] is just what it says.

For a highly accessible study of latitude that filmmakers (particularly in the USA) enjoy when quoting copyrighted material, see Pat Aufderheide and Peter Jaszi, [http://www.centerforsocialmedia.org/files/pdf/CSM_Recut_Reframe_Recycle_report.pdf Recut, Reframe, Recycle] (Center for Social Media 2008)

== Contributors ==

This module was created by [[Contributors#cox|Emily Cox]]. It was then edited by a team including [[Contributors#diaz|Sebastian Diaz]], [[Contributors#fisher|William Fisher]], [[Contributors#gasser|Urs Gasser]], [[Contributors#holland|Adam Holland]], [[Contributors#isbell|Kimberley Isbell]], [[Contributors#maclay|Colin Maclay]], [[Contributors#moshirnia|Andrew Moshirnia]], and [[Contributors#peterson|Chris Peterson]].

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Module 3: The Scope of Copyright Law

2009-09-01T02:25:31Z

Hollandof: /* Additional Resources */

==[[Image:key.png|50px|]] Learning objective ==

This module discusses the kinds of creations and the kinds of activities that copyright law does and does not cover.
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== [[Image:casestudy.png|50px|]] Case Study ==

Angela, a professor, collects articles and books with the help of her students. She plans to create a course packet from these materials by other authors. She will discuss with Nadia which materials can be reproduced, which can be quoted, and what copyright law might be implicated in the creation of the course packet.
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==[[Image:lesson.png|50px|]] Lesson ==
== What Does Copyright Law Protect? ==

====The Definition of a Literary and Artistic Work====

Copyright law regulates the making of copies of literary or artistic works. Article 2, Section 1 of the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#Berne_Convention Berne Convention] defines a literary and artistic work as follows:

''The expression "literary and artistic works" shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.''

To be entitled to protection, a work falling into this broad category must satisfy two basic requirements: '''originality''' and '''fixation'''.

====The Concept of Originality====

Neither the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#Berne_Convention Berne Convention] nor the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#The_Agreement_on_Trade_Related_Aspects_of_Intellectual_Property_Rights_.28TRIPS.29 TRIPS agreement] expressly requires originality for a work to be protected by copyright. However, almost all countries require some level of originality for a work to qualify for copyright protection. Unfortunately, there is no standard international minimum of originality. Each country independently sets the originality standard that a work must meet. In some countries, such as the U.S.A., originality is defined primarily in terms of "independent conception." In other countries, such as France and Spain and developing countries influenced by the civil-law tradition, originality is defined as the “imprint of the author’s personality” on the work.

In most countries, the work of authorship need not be novel, ingenious, or have aesthetic merit in order to satisfy the originality requirement. For example, the US Supreme Court in Feist Pulbications v. Rural Telephone Service Co., 499 U.S. 340 (1991), defined originality as requiring only that the work be independently created by the author and that it possess “at least some minimal degree of creativity.” According to the Court, the “requisite level of creativity is extremely low” and a work need only “possess some creative spark no matter how crude, humble or obvious it might be.”

====The Requirement of Fixation====

The Berne Convention allows member countries to decide whether creative works must be “fixed” to enjoy copyright. Article 2, Section 2 of the Berne Convention states:

“It shall be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.”

Many countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that the work be “fixed in a tangible medium of expression” to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be “perceived, reproduced or communicated for a period of more than transitory duration.” Similarly, Canadian courts consider fixation to require that the work be “expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance.”

The definition of “fixation” in the United States excludes “purely evanescent or transient reproductions such as those projected briefly on a screen, shown electronically on a television or other cathode ray tube, or captured momentarily in the ‘memory’ of a computer.” Many courts, including those in the United States, have deemed computer programs fixed when stored on a silicon chip. The audiovisual effects of computer games are commonly considered to be fixed because their repetitiveness makes them “sufficiently permanent and stable.”

The requirement of fixation may become problematic when applied to live performances. For instance, US law specifies that a work must be fixed “by or under the authority of the author.” This law produces some surprising results. If a choreographer hires someone to videotape a performance, the choreography of that performance will be protected by copyright. But if copies of a live performance are recorded and distributed without the permission of the choreographer, the choreography would not receive copyright protection because that performance was not fixed under her authority. Countries that grant copyright for works regardless of fixation do not have similar problems.

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) requires all members of the World Trade Organization (WTO) to protect live musical performances. This means that even countries with fixation requirements must enact statutes to ensure the protection of musical performances without fixation. The United States, for instance, enacted a special provision prohibiting the “fixation or transmission of a live musical performance without the consent of the performers, and prohibiting the reproduction of copies or phonorecords of an unauthorized fixation of a live musical performance.” Notice, however, that this provision is limited to “musical” performances and does not apply to other types of performances.

====The Exclusion of Ideas from Copyright Protection====

As discussed in [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_1:_Copyright_and_the_Public_Domain Module 1], copyright law does not protect ideas or facts. Instead, copyright law only protects the expression of those ideas or facts. The US copyright statute is a typical example. It reads: ''“In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”'' (17 U.S.C. Section 102(b))

The same principle can be found in the major copyright treaties. The Berne Convention, for example, states that protection “shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.” Both the TRIPS agreement and the WIPO Copyright Treaty (WCT) state that expressions are copyrightable, but not “ideas, procedures, methods of operation or mathematical concepts as such.”

Excluding facts and ideas from protection helps to promote the public interest in freedom of speech. Extending copyright protection to ideas or facts would inhibit public debate by allowing copyright holders to control uses of the concepts or information contained in their works. Both political freedom and the progress of knowledge would suffer.

On occasion, an idea and its expression may become indistinguishable. If there is only one way of expressing a particular idea, the idea and the expression of that idea are said to '''“merge.”''' The merger doctrine in copyright law was developed to deal with such cases, removing from the scope of copyright protection those expressions that constitute the only way of communicating an idea. What about situations in which an idea can only be expressed in a limited number of ways? The courts in some countries deal with such situations by granting limited or “thin” copyright protection to those expressions – in other words, prohibiting only verbatim or virtually identical copying.

====Owning a Copy vs. Owning a Copyright====

Ownership of a physical copy of a work is separate from copyright ownership in the work. Just because you own a copy of a book doesn’t mean you are free to copy it.

Ordinarily, when the creator of a work sells or transfers a copy of it to another person, she does not surrender her copyright unless she expressly agrees to do so. So, for example, the writer of a letter or an email message retains the copyright in the letter even after he has sent it to the recipient.

For the most part, the lawful holders of copies of copyrighted works are free to sell or give those copies to other people – or to destroy or mutilate them. However, some treaties and national legal systems recognize “moral rights” that set limits on the freedom of the holders of a copy to act in these ways. The Berne Convention, for example, specifies that: ''"Independently of the author’s economic rights, and even after 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."''

== What is an “Author”? ==

====Rights Ownership Rules: How to Determine the Original Rights Holder====

The Berne Convention gives member countries broad flexibility in determining who is considered an author (and therefore the original copyright holder) of a literary or artistic work. Article 15(1) of the Convention provides:''“In order that the author of a literary or artistic work protected by this Convention shall, in the absence of proof to the contrary, be regarded as such, and consequently be entitled to institute infringement proceedings in the countries of the Union, it shall be sufficient for his name to appear on the work in the usual manner. This paragraph shall be applicable even if this name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as to his identity.”''

The majority of '''civil law''' countries stipulate that only “persons” in the ordinary sense can qualify as authors. Spanish copyright law, for example, specifies “the natural person who creates any literary, artistic, or scientific work shall be considered the author thereof.” Similarly, French copyright law states that “authorship shall belong, unless proved otherwise, to the person or persons under whose name the work has been disclosed.” Common-law countries, by contrast, more often permit organizations – including corporations – to qualify as “authors.”

The '''author''' is often defined as the person who conceives of and gives expression to an idea. However, in some cases, this determination becomes more complicated. It may depend on who assists in the production of the work or who oversees and directs the arrangement of the details of the work. In such cases, the determination of authorship will depend on the facts of the specific case.

====Works by Multiple Authors: Rules for Joint Authorship and Collaborations====

Joint authorship exists when two or more persons create a copyrighted work. The copyright law in most countries grants each contributor an undivided share of the copyright in the work. The requirements for joint authorship vary across nations. The Berne Convention recognizes that joint authorship exists but does not specify the requirements for joint authorship, creating a significant variance among nations.

Countries in continental Europe typically stipulate that joint authorship does not require that each author contribute the same amount to the work. Instead, it only requires that each author’s contribution displays the minimal amount of creativity or originality necessary in the jurisdiction to merit copyright protection in its own right. Applying this approach, the Dutch Supreme Court decision Kluwer v. Lamoth, 169 R.I.D.A. 129 (1996), granted a stylist co-authorship status for creatively rearranging needleworks for a photograph.

The second common requirement for joint authorship is that each author’s contribution cannot be separated and commercially exploited independently of the work as a whole. For instance, Japanese legislation defines joint works as works that are “created by two or more persons in which the contribution of each person cannot be separately exploited.” If the works can be separated – for instance, when one author contributes the music and another the lyrics for a song – each contributor is typically given an independent copyright in his or her contribution.

====Derivative Works====

Derivative works are modifications of preexisting works. Common examples include abridgments or motion-picture adaptations of novels. The Berne Convention does not explicitly refer to derivative works. Instead, it lists certain uses of copyrighted works for which member countries must provide copyright protection. Specifically, the Berne Convention Article 2, Section 3 states: ''“Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright of the original work.”''

This provision is incorporated into the TRIPS agreement. Although this standard protects specific types of derivative works, it does not specify how different a derivative work must be from the original in order to merit copyright protection. As a result, it is often unclear how much originality is required to obtain a new copyright. In any case, a copyright in a derivative work protects only the new material contributed by the author of the derivative and not to the material from which it was derived. If the original work is still protected by copyright, then the author of the derivative work must obtain the permission of the holder of the copyright in the original.

====Collective Works and Compilations====

Compilations are another example where a copyright may be obtained through the use and manipulation of preexisting works. Compilations are works formed by assembling, selecting, or rearranging preexisting works such that the result becomes an original work by the compiler. Collective works represent a specific type of compilation in which a number of separate and independent contributions are assembled into one work. A collective work, then, is a work by two or more authors that is not cohesive enough to qualify as a joint work on its own. Article 2, Section 5 of the Berne Convention only requires the protection of collective works: ''“Collections of literary or artistic works such as encyclopedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.”''

Article 10, Section 2 of the TRIPS Agreement, on the other hand, requires member countries of the WTO to extend copyright protection to all compilations: ''“Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.”''

====Employees and Works for Hire====

Employees are often hired to create literary or artistic works for their employer. This relationship sometimes confuses the allocation of authorship rights.

By default, civil law countries vest authorship and its attendant rights in the employee, not the employer. This approach requires that employers contract with employees to obtain the copyrights to the creative works. For instance, the French Intellectual Property Code stipulates that copyright vests in the work’s actual author and not his employer. There is an exception in the French Code for some categories of work, such as software, where rights are immediately assigned to the employer. On the other hand, some civil law countries, including Germany, automatically assign copyright from the employee to the employer.

Common-law countries, such as the United States, Canada, and the United Kingdom, by default award the copyright for an employee's invention to her employer. For instance, Canadian copyright law states that if a work is created within the scope of employment, “the person by whom the author was employed shall, in the absence of agreement to the contrary, be the first holder of the copyright.” Under the British Copyright, Designs and Patents Act of 1988, if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer as a "work for hire."

====Civil Servants, Researchers and Professors====

Traditionally academics (including teachers and sometimes researchers) have been exempted from the '''"work for hire"''' doctrine.

In some countries, works made in the scope of the employment of civil servants are also excluded from the “work for hire” doctrine, because they are denied copyright protection altogether. In other countries, this is not true. For instance, copyright law in the Czech Republic contains a presumption that a work created by a civil servant is a work for hire, and the copyright and authorship rights are granted to the employer.

== The Relationship between Copyright Infringement and Other Unauthorized Activities ==

'''Copyright infringement''' is the unauthorized use of a copyrighted work in a manner that violates one of the copyright holder’s exclusive rights.

We will examine those rights in detail in [[Module 4: Rights, Exceptions, and Limitations]]. It should be emphasized that copyright infringement covers only a subset of the ways in which copyrighted works may be used without permission. Some uses may not infringe copyright but may violate other legal rules. Others may violate nonlegal social norms. Still others may be lawful uses that are socially approved. This complex pattern of norms finds expression in a variety of terms that are frequently confused. We explain some of them below; they will be studied further in [[Module 7: Enforcement]].

'''"Plagiarism"''' is the use of someone else's ideas or words without properly crediting the source. It is entirely separate from copyright law. Plagiarism is not a violation of legal rules, but instead of social norms. Common social sanctions for plagiarism are expulsion or suspension from school, discharge from a job, and social disapproval.

'''“Piracy”''' has no strict definition within (or outside of) copyright law. In recent years, the term has become a common way for some to refer to unauthorized and unexcused reproductions of audio and video recordings. However, the copyright laws do not themselves refer to “piracy.” Since the term is associated with the violence that accompanies the seizure of ships on the high seas, many argue that it is misleading when used in connection with unauthorized uses of creative works.

'''“Counterfeiting”''' is defined in various ways. Most often, the term refers to the creation or distribution of imitations of genuine works with the intent to deceive the public about their authenticity. Counterfeiting in this sense is governed primarily by trademark law and the law of unfair competition, not by copyright law. However, the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#The_proposed_Anti-Counterfeiting_Trade_Agreement_.28ACTA.29 Anti-Counterfeiting Trade Agreement (ACTA)], currently under negotiation (as discussed in [[Module 2: The International Framework]]), may, when finished require member countries to expand the coverage of copyright law in this area. .

Finally, it bears repeating that many unauthorized uses of copyrighted works are legal. Permissible unregulated uses include reselling a copy of a copyrighted work, reading a copyrighted book, or playing music in one's home.

== Copyright Duration ==

The Berne Convention requires a minimum copyright term of the life of the author plus an additional fifty years after her death for all works except photographs and cinematic works. Member countries are free, however, to adopt longer terms, subject to one limitation: ''“In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.”''

Many countries have exercised the discretion left to them by the Berne Convention. The result is that the duration of copyright varies substantially by country.

Many countries make it even more difficult to determine how long copyright lasts by changing the duration depending on the type of work. The Czech Republic and the Netherlands, for instance, grant copyright protection for the life of the author plus 70 years for literary works, and for the life of the longest living joint author plus 70 years for jointly held works. This construction is deceptively simple, because it applies only to works created on or after April 7, 2000 and December 29, 1995 respectively. Works created before those dates are subject to different and more complicated copyright duration terms. There is in effect a complicated international patchwork of copyright duration terms determined by the category of work and the date of creation or publication.

For further reading on the subject, you may consult the [[Case of the Canadian Online Repositories of Public Domain]] and [[Recent Term Extensions Controversies (Eldred v. Ashcroft)]].

== Extensions of the Scope of Copyright Protection ==

In recent years copyright law has expanded to encompass more types of works, last for a longer period of time, and to provide greater protections for copyrighted works. As we saw in [[Module 2: The International Framework]], the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty all set minimum standards of protection that countries must meet, and together expand copyright protection in all countries. For example, copyright law has been extended to cover audio recordings, architectural works, and computer programs. The duration of copyright has expanded over the years, from 14 years under the Statute of Anne to the current minimum of life of the author plus 50 years for most works. Recent treaties have also included provisions prohibiting the circumvention of mechanisms to control reproduction or distribution of copyrighted works.

Some of these extensions arguably stimulate additional creativity by incentivizing it. However, the extension of copyright to more kinds of works and for a greater length of time has resulted in the reduction of the amount of material in the public domain. As a result, materials that otherwise could have been used in the creation of new artistic or literary works can no longer be used.

As copyright law has expanded it has also fragmented. In other words, special rules have been devised to deal with particular kinds of works. Some of those special rules are described below.

====Audiovisual/Cinematographic Works====

Audiovisual or cinematographic works are collective projects that often involve the contributions of several individual authors. Given the large number of people that are involved in their creation, treating each contributor as a joint author of the work would give rise to practical problems. For instance, each contributor would be free to license use of the work to anyone they chose, potentially resulting in use of the work in a manner that other contributors found objectionable.

Different countries have tried to overcome this problem in different ways. The French Intellectual Property Code treats contributors to films as co-authors but includes in the author-producer relationship a transfer of the exploitation rights of the material to the producer. Countries such as the United Kingdom and the United States, by contrast, vest the authorship and copyright ownership of these works in a single person or organization. For instance, the 1988 Copyright, Designs and Patent Act in the United Kingdom typically vests exploitation rights in the producer. By contrast, as was suggested above, the US Copyright Act treats the contributions to a audiovisual or cinematographic work as works for hire, thereby vesting authorship and copyright ownership in one entity, again typically the producer. The Berne Convention recognizes and respects the differences among countries in the allocation of rights in audiovisual and cinematographic works. This phenomenon is described further in the Rights ownership and Works for Hire topic in [[Module 4: Rights, Exceptions, and Limitations]].

====Computer Programs====

Computer programs constitute another special category of works. Although the Berne Convention does not address computer programs, the TRIPS Agreement requires WTO member countries to protect computer programs as literary works. Like audiovisual works, computer programs are often the products of the efforts of many individuals. Here too, countries vary in the way they handle allocation of authorship rights. German copyright law, for example, contains a presumption giving exclusive rights in computer software to the employer.

====Broadcast, Recording, Interpretation====

The Berne Convention requires that the author of a copyrighted work be given the exclusive right to authorize

* the broadcasting of her work or its communication to the public by any means of wireless diffusion of signs, sounds or images;
* further communication to the public by wire or by rebroadcasting of the original broadcast of the work, when this communication is made by an organization other than the original broadcaster;
*the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.

The Berne Convention permits individual countries to determine which of these rights may be exercised and in what circumstances. However, it requires that they should not be applied in a way that would negatively affect an author’s moral rights. Countries such as Ireland, Kenya, and Oman have enacted copyright laws extending to authors the right to control and license broadcasts of their work.

====Works of Folklore and Indigenous Knowledge====

Some forms of copyright protection for traditional cultural expressions or for works of folklore have become increasingly common. Such works typically are created by communities rather than individuals. According to WIPO, ''“works of traditional cultural expression include music, art, designs, names, signs and symbols, performances, architectural forms, handicrafts and narratives.”'' Advocates argue the expansion of copyright to protect cultural products promotes creativity and cultural diversity. Countries such as the Philippines, Panama, and New Zealand currently have legislation specifically extending protection to works of folklore.

For instance, Oman’s legislation on “Promulgating the Law on the Protection of Copyrights and Neighboring Rights” extends copyright to folklore, defining it as ''“literary, artistic or scientific works created in Oman by popular groups expressing their cultural identity, which are transferred from generation to generation and represent a fundamental element in the national popular traditional heritage."'' This law provides that ''"The competent authority shall exercise the author’s rights in works of folklore to object to any mutilation, modification or unlawful commercial exploitation.”''

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== [[Image:casestudy.png|50px|]] Back to the case study ==

Nadia (the librarian) should help Angela (the professor) understand the ways that copyright law may affect the set of materials Angela has gathered by asking a series of questions:

* Is the arrangement of pre-existing material in an original way considered a creative work?
* Does the summary of an article constitute a new work?
* Who will be the copyright holder of the new work?
* Do the answers to these questions give rise to a duty for Angela to obtain permission to reproduce and adapt preexisting works?

</div>

== [[image:question.png|50px|]] Assignment and discussion questions ==

'''[[image:assignment.png|50px|]]Assignment'''

1. Multiple authorship

Information technologies make it easier to edit and remix others’ works, but not all modifications are substantial enough to create new original works. Discuss the effects of information technologies on the nature of authorship, using the example of Wikipedia.

2. Research for the next Public Domain Day

What is the copyright term in your country? List some of the authors whose work will fall in the public domain in your country on January 1 of the coming year.

'''[[image:discussion.png|50px]]Discussion Question(s)'''

1. Comment on the answers of your colleagues.

2. Search for more works that will enrich the public domain next year in your country.

== Additional Resources ==

American Society of Composers, ASCAP COPYRIGHT LAW SYMPOSIUM 173-206 (Columbia University Press ed., 1991).

Bruce Keller & Jeffery Cunard, COPYRIGHT LAW (Practising Law Institute ed., 2001).

[http://www.law.cornell.edu/treaties/berne/overview.html.Cornell University Law School, Legal Infromation Institute, Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971) (Dec. 2, 2008)]

[http://www.iusmentis.com/copyright/crashcourse/protection/ Crash Course on Copyrights (Dec. 2, 2008)]

Paul Goldstein, INTERNATIONAL COPYRIGHT (Oxford University Press US ed., 2001).

[http://www.wipo.int/portal/index.html.en. World Intellectual Property Organization (Dec. 2, 2008)]

== Contributors ==

This module was created by [[Contributors#osman|Inge Osman]]. It was then edited by a team including [[Contributors#diaz|Sebastian Diaz]], [[Contributors#fisher|William Fisher]], [[Contributors#gasser|Urs Gasser]], [[Contributors#holland|Adam Holland]], [[Contributors#isbell|Kimberley Isbell]], [[Contributors#maclay|Colin Maclay]], [[Contributors#moshirnia|Andrew Moshirnia]], and [[Contributors#peterson|Chris Peterson]].

{{NavFooter}}

Additional resources draft

2009-09-01T02:13:57Z

Hollandof: /* Other Copyright-related Resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [http://www.wipo.int/copyright/en/links/ WIPO copyright links page]
* [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO Collection of National Copyright Laws]
* [http://en.wikipedia.org/wiki/List_of_countries%27_copyright_length Wikipedia article on length of copyright internationally]
* [http://www.asianlii.org/cn/legis/cen/laws/rftioict707/ Laws of the People's Republic of China: "REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES"]
* [http://www.accesscopyright.ca/ The Canadian Copyright Licensing Agency]
* [http://www.copyright.com/ The Copyright Clearance Center (US)]
* [http://www.gesac.org/eng/gesac/default.htm European Grouping of Societies of Authors and Composers]
* [http://www.cepic.org/ The Coordination of European Picture Agencies Press Stock Heritage]
* [http://www.sweden.gov.se/sb/d/2707/a/15195 Swedish Copyright Legislation]
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf Swedish ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS]
* [http://en.wikipedia.org/wiki/Japanese_copyright_law wikipedia entry on Japanese Copyright Law]
* [http://www.iusmentis.com/copyright/crashcourse/requirements/ IusMentis.com Copyright page (Dutch)]
* [http://www.bmi.com/licensing/entry/533606 Broadcast Music Inc. ( BMI) homepage. (a licensing organization)]
* [http://www.softwareprotection.com/copyright.htm Article on copyright protection for software]
* [http://stason.org/TULARC/business/copyright/index.html Stason.org Copyright law FAW ( US-centric)]
* [http://www.lawcase.org/archives/node/64 Chinese Business Law "A Brief Introduction of Intellectual Property Protection in China"]
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/ Copyright Toolbox(UK)]
* [http://www.teachingcopyright.org/ Teaching Copyright]
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/ David Weinberger liveblogs Kenneth Crews on academic copyright]
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm Solarnavigator.net FAIR USE and USA COPYRIGHT LAW]
* [http://www.megalaw.com/top/copyright.php Megalaw.com Copyright Law Center]
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm A review of Neil Netanel's 'Copyright's Paradox']
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886)]
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm Article "TRIPS - NO TO NORM SETTING OR GATT ENFORCEABILITY."]
* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright” By Professor P. Bernt Hugenholtz and Professor Ruth L. Okediji (This document has also been translated into Arabic by the [http://www.bibalex.org/English/Publication/Publications.aspx Bibliotheca Alexandrina A2K Project.)]
* [http://www.copyright.gmu.edu/mmplagarism.ppt Powerpoint slideshow on copyright law (plagiarism lens)]
* [http://www.elaineenglish.com/articles.html Article on Google Book Search Settlement "GOOGLE LEMONADE: IS IT GOOD FOR YOU?"]
* [http://www.youtube.com/watch?v=12oERg1-tRI Video of Canadian authors on copyright law reform]
* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored]
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand APAA meeting Adelaide, November 2007 Anton Blijlevens, Partner, AJ Park]
* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]
* [http://www.ifla.org/en/node/471 IFLA position papers]
*[http://williampatry.blogspot.com/2005/08/yoga-and-copyright.html William Patry blog post "Yoga and copyright" (re: copyrightable folklore and non-fixed expression)]

Module 3: The Scope of Copyright Law

2009-09-01T02:07:43Z

Hollandof: /* 50px| Case Study */

==[[Image:key.png|50px|]] Learning objective ==

This module discusses the kinds of creations and the kinds of activities that copyright law does and does not cover.
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== [[Image:casestudy.png|50px|]] Case Study ==

Angela, a professor, collects articles and books with the help of her students. She plans to create a course packet from these materials by other authors. She will discuss with Nadia which materials can be reproduced, which can be quoted, and what copyright law might be implicated in the creation of the course packet.
</div>

==[[Image:lesson.png|50px|]] Lesson ==
== What Does Copyright Law Protect? ==

====The Definition of a Literary and Artistic Work====

Copyright law regulates the making of copies of literary or artistic works. Article 2, Section 1 of the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#Berne_Convention Berne Convention] defines a literary and artistic work as follows:

''The expression "literary and artistic works" shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.''

To be entitled to protection, a work falling into this broad category must satisfy two basic requirements: '''originality''' and '''fixation'''.

====The Concept of Originality====

Neither the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#Berne_Convention Berne Convention] nor the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#The_Agreement_on_Trade_Related_Aspects_of_Intellectual_Property_Rights_.28TRIPS.29 TRIPS agreement] expressly requires originality for a work to be protected by copyright. However, almost all countries require some level of originality for a work to qualify for copyright protection. Unfortunately, there is no standard international minimum of originality. Each country independently sets the originality standard that a work must meet. In some countries, such as the U.S.A., originality is defined primarily in terms of "independent conception." In other countries, such as France and Spain and developing countries influenced by the civil-law tradition, originality is defined as the “imprint of the author’s personality” on the work.

In most countries, the work of authorship need not be novel, ingenious, or have aesthetic merit in order to satisfy the originality requirement. For example, the US Supreme Court in Feist Pulbications v. Rural Telephone Service Co., 499 U.S. 340 (1991), defined originality as requiring only that the work be independently created by the author and that it possess “at least some minimal degree of creativity.” According to the Court, the “requisite level of creativity is extremely low” and a work need only “possess some creative spark no matter how crude, humble or obvious it might be.”

====The Requirement of Fixation====

The Berne Convention allows member countries to decide whether creative works must be “fixed” to enjoy copyright. Article 2, Section 2 of the Berne Convention states:

“It shall be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.”

Many countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that the work be “fixed in a tangible medium of expression” to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be “perceived, reproduced or communicated for a period of more than transitory duration.” Similarly, Canadian courts consider fixation to require that the work be “expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance.”

The definition of “fixation” in the United States excludes “purely evanescent or transient reproductions such as those projected briefly on a screen, shown electronically on a television or other cathode ray tube, or captured momentarily in the ‘memory’ of a computer.” Many courts, including those in the United States, have deemed computer programs fixed when stored on a silicon chip. The audiovisual effects of computer games are commonly considered to be fixed because their repetitiveness makes them “sufficiently permanent and stable.”

The requirement of fixation may become problematic when applied to live performances. For instance, US law specifies that a work must be fixed “by or under the authority of the author.” This law produces some surprising results. If a choreographer hires someone to videotape a performance, the choreography of that performance will be protected by copyright. But if copies of a live performance are recorded and distributed without the permission of the choreographer, the choreography would not receive copyright protection because that performance was not fixed under her authority. Countries that grant copyright for works regardless of fixation do not have similar problems.

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) requires all members of the World Trade Organization (WTO) to protect live musical performances. This means that even countries with fixation requirements must enact statutes to ensure the protection of musical performances without fixation. The United States, for instance, enacted a special provision prohibiting the “fixation or transmission of a live musical performance without the consent of the performers, and prohibiting the reproduction of copies or phonorecords of an unauthorized fixation of a live musical performance.” Notice, however, that this provision is limited to “musical” performances and does not apply to other types of performances.

====The Exclusion of Ideas from Copyright Protection====

As discussed in [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_1:_Copyright_and_the_Public_Domain Module 1], copyright law does not protect ideas or facts. Instead, copyright law only protects the expression of those ideas or facts. The US copyright statute is a typical example. It reads: ''“In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”'' (17 U.S.C. Section 102(b))

The same principle can be found in the major copyright treaties. The Berne Convention, for example, states that protection “shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.” Both the TRIPS agreement and the WIPO Copyright Treaty (WCT) state that expressions are copyrightable, but not “ideas, procedures, methods of operation or mathematical concepts as such.”

Excluding facts and ideas from protection helps to promote the public interest in freedom of speech. Extending copyright protection to ideas or facts would inhibit public debate by allowing copyright holders to control uses of the concepts or information contained in their works. Both political freedom and the progress of knowledge would suffer.

On occasion, an idea and its expression may become indistinguishable. If there is only one way of expressing a particular idea, the idea and the expression of that idea are said to '''“merge.”''' The merger doctrine in copyright law was developed to deal with such cases, removing from the scope of copyright protection those expressions that constitute the only way of communicating an idea. What about situations in which an idea can only be expressed in a limited number of ways? The courts in some countries deal with such situations by granting limited or “thin” copyright protection to those expressions – in other words, prohibiting only verbatim or virtually identical copying.

====Owning a Copy vs. Owning a Copyright====

Ownership of a physical copy of a work is separate from copyright ownership in the work. Just because you own a copy of a book doesn’t mean you are free to copy it.

Ordinarily, when the creator of a work sells or transfers a copy of it to another person, she does not surrender her copyright unless she expressly agrees to do so. So, for example, the writer of a letter or an email message retains the copyright in the letter even after he has sent it to the recipient.

For the most part, the lawful holders of copies of copyrighted works are free to sell or give those copies to other people – or to destroy or mutilate them. However, some treaties and national legal systems recognize “moral rights” that set limits on the freedom of the holders of a copy to act in these ways. The Berne Convention, for example, specifies that: ''"Independently of the author’s economic rights, and even after 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."''

== What is an “Author”? ==

====Rights Ownership Rules: How to Determine the Original Rights Holder====

The Berne Convention gives member countries broad flexibility in determining who is considered an author (and therefore the original copyright holder) of a literary or artistic work. Article 15(1) of the Convention provides:''“In order that the author of a literary or artistic work protected by this Convention shall, in the absence of proof to the contrary, be regarded as such, and consequently be entitled to institute infringement proceedings in the countries of the Union, it shall be sufficient for his name to appear on the work in the usual manner. This paragraph shall be applicable even if this name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as to his identity.”''

The majority of '''civil law''' countries stipulate that only “persons” in the ordinary sense can qualify as authors. Spanish copyright law, for example, specifies “the natural person who creates any literary, artistic, or scientific work shall be considered the author thereof.” Similarly, French copyright law states that “authorship shall belong, unless proved otherwise, to the person or persons under whose name the work has been disclosed.” Common-law countries, by contrast, more often permit organizations – including corporations – to qualify as “authors.”

The '''author''' is often defined as the person who conceives of and gives expression to an idea. However, in some cases, this determination becomes more complicated. It may depend on who assists in the production of the work or who oversees and directs the arrangement of the details of the work. In such cases, the determination of authorship will depend on the facts of the specific case.

====Works by Multiple Authors: Rules for Joint Authorship and Collaborations====

Joint authorship exists when two or more persons create a copyrighted work. The copyright law in most countries grants each contributor an undivided share of the copyright in the work. The requirements for joint authorship vary across nations. The Berne Convention recognizes that joint authorship exists but does not specify the requirements for joint authorship, creating a significant variance among nations.

Countries in continental Europe typically stipulate that joint authorship does not require that each author contribute the same amount to the work. Instead, it only requires that each author’s contribution displays the minimal amount of creativity or originality necessary in the jurisdiction to merit copyright protection in its own right. Applying this approach, the Dutch Supreme Court decision Kluwer v. Lamoth, 169 R.I.D.A. 129 (1996), granted a stylist co-authorship status for creatively rearranging needleworks for a photograph.

The second common requirement for joint authorship is that each author’s contribution cannot be separated and commercially exploited independently of the work as a whole. For instance, Japanese legislation defines joint works as works that are “created by two or more persons in which the contribution of each person cannot be separately exploited.” If the works can be separated – for instance, when one author contributes the music and another the lyrics for a song – each contributor is typically given an independent copyright in his or her contribution.

====Derivative Works====

Derivative works are modifications of preexisting works. Common examples include abridgments or motion-picture adaptations of novels. The Berne Convention does not explicitly refer to derivative works. Instead, it lists certain uses of copyrighted works for which member countries must provide copyright protection. Specifically, the Berne Convention Article 2, Section 3 states: ''“Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright of the original work.”''

This provision is incorporated into the TRIPS agreement. Although this standard protects specific types of derivative works, it does not specify how different a derivative work must be from the original in order to merit copyright protection. As a result, it is often unclear how much originality is required to obtain a new copyright. In any case, a copyright in a derivative work protects only the new material contributed by the author of the derivative and not to the material from which it was derived. If the original work is still protected by copyright, then the author of the derivative work must obtain the permission of the holder of the copyright in the original.

====Collective Works and Compilations====

Compilations are another example where a copyright may be obtained through the use and manipulation of preexisting works. Compilations are works formed by assembling, selecting, or rearranging preexisting works such that the result becomes an original work by the compiler. Collective works represent a specific type of compilation in which a number of separate and independent contributions are assembled into one work. A collective work, then, is a work by two or more authors that is not cohesive enough to qualify as a joint work on its own. Article 2, Section 5 of the Berne Convention only requires the protection of collective works: ''“Collections of literary or artistic works such as encyclopedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.”''

Article 10, Section 2 of the TRIPS Agreement, on the other hand, requires member countries of the WTO to extend copyright protection to all compilations: ''“Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.”''

====Employees and Works for Hire====

Employees are often hired to create literary or artistic works for their employer. This relationship sometimes confuses the allocation of authorship rights.

By default, civil law countries vest authorship and its attendant rights in the employee, not the employer. This approach requires that employers contract with employees to obtain the copyrights to the creative works. For instance, the French Intellectual Property Code stipulates that copyright vests in the work’s actual author and not his employer. There is an exception in the French Code for some categories of work, such as software, where rights are immediately assigned to the employer. On the other hand, some civil law countries, including Germany, automatically assign copyright from the employee to the employer.

Common-law countries, such as the United States, Canada, and the United Kingdom, by default award the copyright for an employee's invention to her employer. For instance, Canadian copyright law states that if a work is created within the scope of employment, “the person by whom the author was employed shall, in the absence of agreement to the contrary, be the first holder of the copyright.” Under the British Copyright, Designs and Patents Act of 1988, if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer as a "work for hire."

====Civil Servants, Researchers and Professors====

Traditionally academics (including teachers and sometimes researchers) have been exempted from the '''"work for hire"''' doctrine.

In some countries, works made in the scope of the employment of civil servants are also excluded from the “work for hire” doctrine, because they are denied copyright protection altogether. In other countries, this is not true. For instance, copyright law in the Czech Republic contains a presumption that a work created by a civil servant is a work for hire, and the copyright and authorship rights are granted to the employer.

== The Relationship between Copyright Infringement and Other Unauthorized Activities ==

'''Copyright infringement''' is the unauthorized use of a copyrighted work in a manner that violates one of the copyright holder’s exclusive rights.

We will examine those rights in detail in [[Module 4: Rights, Exceptions, and Limitations]]. It should be emphasized that copyright infringement covers only a subset of the ways in which copyrighted works may be used without permission. Some uses may not infringe copyright but may violate other legal rules. Others may violate nonlegal social norms. Still others may be lawful uses that are socially approved. This complex pattern of norms finds expression in a variety of terms that are frequently confused. We explain some of them below; they will be studied further in [[Module 7: Enforcement]].

'''"Plagiarism"''' is the use of someone else's ideas or words without properly crediting the source. It is entirely separate from copyright law. Plagiarism is not a violation of legal rules, but instead of social norms. Common social sanctions for plagiarism are expulsion or suspension from school, discharge from a job, and social disapproval.

'''“Piracy”''' has no strict definition within (or outside of) copyright law. In recent years, the term has become a common way for some to refer to unauthorized and unexcused reproductions of audio and video recordings. However, the copyright laws do not themselves refer to “piracy.” Since the term is associated with the violence that accompanies the seizure of ships on the high seas, many argue that it is misleading when used in connection with unauthorized uses of creative works.

'''“Counterfeiting”''' is defined in various ways. Most often, the term refers to the creation or distribution of imitations of genuine works with the intent to deceive the public about their authenticity. Counterfeiting in this sense is governed primarily by trademark law and the law of unfair competition, not by copyright law. However, the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework#The_proposed_Anti-Counterfeiting_Trade_Agreement_.28ACTA.29 Anti-Counterfeiting Trade Agreement (ACTA)], currently under negotiation (as discussed in [[Module 2: The International Framework]]), may, when finished require member countries to expand the coverage of copyright law in this area. .

Finally, it bears repeating that many unauthorized uses of copyrighted works are legal. Permissible unregulated uses include reselling a copy of a copyrighted work, reading a copyrighted book, or playing music in one's home.

== Copyright Duration ==

The Berne Convention requires a minimum copyright term of the life of the author plus an additional fifty years after her death for all works except photographs and cinematic works. Member countries are free, however, to adopt longer terms, subject to one limitation: ''“In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.”''

Many countries have exercised the discretion left to them by the Berne Convention. The result is that the duration of copyright varies substantially by country.

Many countries make it even more difficult to determine how long copyright lasts by changing the duration depending on the type of work. The Czech Republic and the Netherlands, for instance, grant copyright protection for the life of the author plus 70 years for literary works, and for the life of the longest living joint author plus 70 years for jointly held works. This construction is deceptively simple, because it applies only to works created on or after April 7, 2000 and December 29, 1995 respectively. Works created before those dates are subject to different and more complicated copyright duration terms. There is in effect a complicated international patchwork of copyright duration terms determined by the category of work and the date of creation or publication.

For further reading on the subject, you may consult the [[Case of the Canadian Online Repositories of Public Domain]] and [[Recent Term Extensions Controversies (Eldred v. Ashcroft)]].

== Extensions of the Scope of Copyright Protection ==

In recent years copyright law has expanded to encompass more types of works, last for a longer period of time, and to provide greater protections for copyrighted works. As we saw in [[Module 2: The International Framework]], the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty all set minimum standards of protection that countries must meet, and together expand copyright protection in all countries. For example, copyright law has been extended to cover audio recordings, architectural works, and computer programs. The duration of copyright has expanded over the years, from 14 years under the Statute of Anne to the current minimum of life of the author plus 50 years for most works. Recent treaties have also included provisions prohibiting the circumvention of mechanisms to control reproduction or distribution of copyrighted works.

Some of these extensions arguably stimulate additional creativity by incentivizing it. However, the extension of copyright to more kinds of works and for a greater length of time has resulted in the reduction of the amount of material in the public domain. As a result, materials that otherwise could have been used in the creation of new artistic or literary works can no longer be used.

As copyright law has expanded it has also fragmented. In other words, special rules have been devised to deal with particular kinds of works. Some of those special rules are described below.

====Audiovisual/Cinematographic Works====

Audiovisual or cinematographic works are collective projects that often involve the contributions of several individual authors. Given the large number of people that are involved in their creation, treating each contributor as a joint author of the work would give rise to practical problems. For instance, each contributor would be free to license use of the work to anyone they chose, potentially resulting in use of the work in a manner that other contributors found objectionable.

Different countries have tried to overcome this problem in different ways. The French Intellectual Property Code treats contributors to films as co-authors but includes in the author-producer relationship a transfer of the exploitation rights of the material to the producer. Countries such as the United Kingdom and the United States, by contrast, vest the authorship and copyright ownership of these works in a single person or organization. For instance, the 1988 Copyright, Designs and Patent Act in the United Kingdom typically vests exploitation rights in the producer. By contrast, as was suggested above, the US Copyright Act treats the contributions to a audiovisual or cinematographic work as works for hire, thereby vesting authorship and copyright ownership in one entity, again typically the producer. The Berne Convention recognizes and respects the differences among countries in the allocation of rights in audiovisual and cinematographic works. This phenomenon is described further in the Rights ownership and Works for Hire topic in [[Module 4: Rights, Exceptions, and Limitations]].

====Computer Programs====

Computer programs constitute another special category of works. Although the Berne Convention does not address computer programs, the TRIPS Agreement requires WTO member countries to protect computer programs as literary works. Like audiovisual works, computer programs are often the products of the efforts of many individuals. Here too, countries vary in the way they handle allocation of authorship rights. German copyright law, for example, contains a presumption giving exclusive rights in computer software to the employer.

====Broadcast, Recording, Interpretation====

The Berne Convention requires that the author of a copyrighted work be given the exclusive right to authorize

* the broadcasting of her work or its communication to the public by any means of wireless diffusion of signs, sounds or images;
* further communication to the public by wire or by rebroadcasting of the original broadcast of the work, when this communication is made by an organization other than the original broadcaster;
*the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.

The Berne Convention permits individual countries to determine which of these rights may be exercised and in what circumstances. However, it requires that they should not be applied in a way that would negatively affect an author’s moral rights. Countries such as Ireland, Kenya, and Oman have enacted copyright laws extending to authors the right to control and license broadcasts of their work.

====Works of Folklore and Indigenous Knowledge====

Some forms of copyright protection for traditional cultural expressions or for works of folklore have become increasingly common. Such works typically are created by communities rather than individuals. According to WIPO, ''“works of traditional cultural expression include music, art, designs, names, signs and symbols, performances, architectural forms, handicrafts and narratives.”'' Advocates argue the expansion of copyright to protect cultural products promotes creativity and cultural diversity. Countries such as the Philippines, Panama, and New Zealand currently have legislation specifically extending protection to works of folklore.

For instance, Oman’s legislation on “Promulgating the Law on the Protection of Copyrights and Neighboring Rights” extends copyright to folklore, defining it as ''“literary, artistic or scientific works created in Oman by popular groups expressing their cultural identity, which are transferred from generation to generation and represent a fundamental element in the national popular traditional heritage."'' This law provides that ''"The competent authority shall exercise the author’s rights in works of folklore to object to any mutilation, modification or unlawful commercial exploitation.”''

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== [[Image:casestudy.png|50px|]] Back to the case study ==

Nadia (the librarian) should help Angela (the professor) understand the ways that copyright law may affect the set of materials Angela has gathered by asking a series of questions:

* Is the arrangement of pre-existing material in an original way considered a creative work?
* Does the summary of an article constitute a new work?
* Who will be the copyright holder of the new work?
* Do the answers to these questions give rise to a duty for Angela to obtain permission to reproduce and adapt preexisting works?

</div>

== [[image:question.png|50px|]] Assignment and discussion questions ==

'''[[image:assignment.png|50px|]]Assignment'''

1. Multiple authorship

Information technologies make it easier to edit and remix others’ works, but not all modifications are substantial enough to create new original works. Discuss the effects of information technologies on the nature of authorship, using the example of Wikipedia.

2. Research for the next Public Domain Day

What is the copyright term in your country? List some of the authors whose work will fall in the public domain in your country on January 1 of the coming year.

'''[[image:discussion.png|50px]]Discussion Question(s)'''

1. Comment on the answers of your colleagues.

2. Search for more works that will enrich the public domain next year in your country.

== Additional Resources ==

American Society of Composers, ASCAP COPYRIGHT LAW SYMPOSIUM 173-206 (Columbia University Press ed., 1991).

Bruce Keller & Jeffery Cunard, COPYRIGHT LAW (Practising Law Institute ed., 2001).

Cornell University Law School, Legal Infromation Institute, Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971) (Dec. 2, 2008), http://www.law.cornell.edu/treaties/berne/overview.html.

Crash Course on Copyrights (Dec. 2, 2008), http://www.iusmentis.com/copyright/crashcourse/protection/.

Paul Goldstein, INTERNATIONAL COPYRIGHT (Oxford University Press US ed., 2001).

World Intellectual Property Organization (Dec. 2, 2008), http://www.wipo.int/portal/index.html.en.

== Contributors ==

This module was created by [[Contributors#osman|Inge Osman]]. It was then edited by a team including [[Contributors#diaz|Sebastian Diaz]], [[Contributors#fisher|William Fisher]], [[Contributors#gasser|Urs Gasser]], [[Contributors#holland|Adam Holland]], [[Contributors#isbell|Kimberley Isbell]], [[Contributors#maclay|Colin Maclay]], [[Contributors#moshirnia|Andrew Moshirnia]], and [[Contributors#peterson|Chris Peterson]].

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Module 2: The International Framework

2009-09-01T02:03:14Z

Hollandof: /* 50px| Back to the Case Study */

==[[Image:key.png|50px|]] Learning objective ==

This module discusses international copyright law. It explains how international copyright law works, how it affects developing countries, and how developing countries can affect it.

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== [[Image:casestudy.png|50px|]] Case study ==

Angela is troubled by the limitations that copyright law places upon her ability to assemble and distribute course materials. She is considering writing a short article, arguing that her nation's copyright law should be reformed to give teachers and students more latitude. However, she has heard that international agreements may restrict the freedom that each country enjoys to define its own copyright laws. Before drafting her article, she asks Nadia's help in determining which, if any, international agreements are applicable in their own country.

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==[[Image:lesson.png|50px|]] Lesson ==

== The Rationale for the International System ==

As we saw in [[Module 1: Copyright and the Public Domain]], each country in the world has its own set of copyright laws. However, the flexibility that most countries enjoy in adjusting and enforcing their own laws is limited by a set of international treaties.

Why do we need any international management of this field? There are three traditional answers to this question.

First, without some international standardization, nations might enact legislation that protects their own citizens while leaving foreigners vulnerable. Such discrimination was common prior to international regulation.

Second, it is easier to know what the freedoms and restrictions of copyright are if there are similarities across countries. Authors and artists wish to know what protections are available to them -- and users of copyrighted works wish to know what freedoms they may enjoy -- in a globalized world.

Finally, some copyright holders believe that developing nations would not adopt strong copyright protections unless forced to do so by treaty. Representatives of developing nations strongly dispute this argument.

== International Instruments ==

The simplest way to achieve these goals would be a single treaty signed by all countries. Unfortunately, the current situation is more complex. Instead of one treaty, we now have six major '''multilateral''' agreements, each with a different set of member countries.

Each of the six agreements was negotiated within – and is now administered by – an international organization. Four of the six are managed by the World Intellectual Property Organization (WIPO); one by the United Nations Educational, Scientific and Cultural Organization (UNESCO); and one by the World Trade Organization (WTO).

The six agreements have been created and implemented in similar, though not identical, ways. Typically, the process begins when representatives of countries think that there should be international standards governing a set of issues. They enter into '''negotiations''', which can last several years. During the negotiations, draft provisions are presented to the delegations of each country, which then discuss them and may propose amendments to their content in order to reach a consensus. This "consensus" may reflect genuine agreement among all of the participating countries that the proposed treaty is desirable, or it may result from pressure exerted by more powerful countries upon less powerful countries. Once consensus has been reached, the countries conclude the treaty by '''signing''' it. Thereafter, the governments of the participating countries '''ratify''' the treaty, whereupon it '''enters into force'''. From that moment onward, the signatory countries are obliged to implement the international agreement. Countries that did not sign the treaty when it was initially concluded may join the treaty later by '''accession'''.

None of the six treaties contains a comprehensive set of rules or standards for a copyright system. Rather, each one requires member countries to deal with particular issues in particular ways, but leaves to the member countries considerable discretion in implementing its requirements. Nor do any of the treaties bind individual persons within the member countries until and unless the governments of those countries actually implement the standards with legislation.

Click here for more on the [[stages of an international agreement]].

Set forth below are brief descriptions of the six major treaties, with special attention to their impacts on developing countries.

====Berne Convention====

In 1886 ten European states signed the Berne Convention for the Protection of Literary and Artistic Works (henceforth Berne Convention) in order to reduce confusion about international copyright law. Since then, a total of 164 countries have joined the Berne Convention. However, there have been several revisions of the Berne Convention, and not all countries have ratified the most recent version. Any nation is permitted to join. You can check to see [http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15 if your country is a member of the Convention by consulting this link]. Below is a map showing which countries are currently members.

[[Image:Map1.png]]

The Berne Convention established three fundamental principles. The first and most famous is the principle of “national treatment,” which requires member countries to give the residents of other member countries the same rights with respect to copyright law that they give to their own residents. So, for example, a novel written in Bolivia by a Bolivian citizen enjoys the same protection in Ghana as a novel written in Ghana by an Ghanian citizen.

The second is the principle of “independence” of protection. It provides that each member country must give foreign works the same protections they give domestic works, even when the foreign works would not be shielded under the copyright laws of the countries where they originated. For example, even if a novel written in Bolivia by a Bolivian national were not protected under Bolivian law, it would still be protected in Ghana if it fulfilled the requirements for protection under Ghanian law.

The third is the principle of “automatic protection.” This principle forbids member countries from requiring compliance with legal formalities as a prerequisite for copyright protection. In other words, in countries that are members of the Berne Convention, original works enjoy copyright protection automatically from the moment they are created. So, for example, the Bolivian author of a novel doesn’t have to register or declare her novel in Ghana, India, Indonesia or any other member state of the Berne Convention; her novel will be automatically protected in all of these countries from the moment it is written.

In addition to these basic principles, the Berne Convention also imposes on member countries a number of more specific requirements. For instance, they must enforce copyrights for a minimum period of time. The minimum copyright term for countries that have ratified the most recent version of the Berne Convention is the life of the author plus 50 years for all works except photographs and cinema. The Convention also requires its members to recognize and enforce a subset of the “moral rights” discussed in [[Module 1: Copyright and the public domain: an introduction|Module 1]].

The Berne Convention sets forth a framework for member countries to adopt exceptions to the mandated copyright protections. The so-called "three-step test" contained in Article 9(2) ([http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework#The_Three-Step_Test discussed in more detail below]) defines the freedom of member countries to create exceptions or limitations to authors' rights to control reproductions of their works. Other provisions of the Berne Convention give member countries discretion to create more specific exceptions.

When the Berne Convention was revised most recently in Paris in 1971, the signatory countries added an Appendix, which contains special provisions concerning developing countries. In particular, developing countries may, for certain works and under certain conditions, depart from the minimum standards of protection with regard to the right of translation and the right of reproduction of copyrighted works. More specifically, the Appendix permits developing countries to grant non-exclusive and non-transferable compulsory licenses to translate works for the purpose of teaching, scholarship or research, and to reproduce works for use in connection with systematic instructional activities.

While the Berne Convention outlines broad standards for copyright protection, it mandates few specific rules. As a result, the legislature in each member country enjoys considerable flexibility in implementing the Convention. For example, in the Berne Convention Implementation Act of 1988, the U.S. Congress adopted a “minimalist” approach to implementation, making only those changes to copyright law that were absolutely necessary to qualify for membership.

The Berne Convention does not contain an enforcement mechanism. This means that member states have little power to punish another state that does not abide by the Convention's guidelines. As we will see later, this situation partially changed for the members of the Berne Convention that also joined the World Trade Organization.

To learn more about the Berne Convention you may [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html read its text] or review the provisions of the [[Berne Convention]].

====Universal Copyright Convention====

The '''Universal Copyright Convention''' (or '''UCC''') was developed by '''UNESCO''' and adopted in 1952. It was created as an alternative to the Berne Convention. The UCC addressed the desire of several countries (including the U.S.A. and the Soviet Union) to enjoy some multilateral copyright protection without joining the Berne Convention.

The UCC’s provisions are more flexible than those of the Berne Convention. This increased flexibility was intended to accommodate countries at different stages of development and countries with different economic and social systems. Like the Berne Convention, the UCC incorporates the principle of national treatment and prohibits any discrimination against foreign authors, but it contains fewer requirements that member countries must comply with.

The UCC has decreased in importance as most countries are now party to the Berne Convention or are members of the World Trade Organization (WTO) (or both). The copyright obligations of members of the WTO are governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), discussed below.

You may check if your country is a member of the UCC by reviewing [http://portal.unesco.org/culture/en/files/7816/11642786761conv_71_e.pdf/conv_71_e.pdf this list]. For more information about the UCC you may [http://www.ifla.org/documents/infopol/copyright/ucc.txt read its text] or consult the [[Examination of the UCC]].

====Rome Convention (1961)====

By 1961, technology had progressed significantly since the Berne Convention was signed. Some inventions, such as tape recorders, had made it easier to copy recorded works. The Berne Convention only applied to printed works and thus did not help copyright holders defend against the new technologies. To address the perceived need for strong legislative protection for recorded works, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations was concluded by members of WIPO on October 26, 1961. It extended copyright protection from the author of a work to the creators and producers of particular, physical embodiments of the work. These "fixations" include media such as audiocassettes, CDs, and DVDs.

The Rome Convention requires member countries to grant protection to the works of performers, producers of phonographs, and broadcasting organizations. However, it also permits member countries to create exceptions to that protection -- for example, to permit unauthorized uses of a recording for the purpose of teaching or scientific research.

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=17 86 countries have signed the Rome Convention]. Below is a map of the member states:

[[Image:Map2.png]]

Membership in the Rome Convention is open only to countries that are already parties to the Berne Convention or to the Universal Copyright Convention. Like many international treaties, joining the Rome Convention has an uncertain effect on domestic law. Countries that join the convention may "reserve" their rights with regards to certain provisions of the treaty. In practice, this has enabled countries to avoid the application of rules that would require important changes to their national laws.

For more information on the Rome Convention you may [http://www.wipo.int/treaties/en/ip/rome/trtdocs_wo024.html read its text] or read more about the [[Rome Convention provisions]].

====WIPO Copyright Treaty (WCT) ====

The way that copyright owners reproduce, distribute, and market their works has changed in the digital age. Sound recordings, articles, photographs, and books are commonly stored in electronic formats, circulated via the Internet, and compiled in databases. Unfortunately, the same technologies that enable more efficient storage and distribution have also facilitated widespread copying of copyrighted works. Concerned about the effects of these new technologies, the governments of developed countries advocated for and ultimately secured two treaties: the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty.

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention that entered into force on March 6, 2002. It is the first international treaty that requires countries to provide copyright protection to computer programs and to databases (compilations of data or other material).

The WCT also requires members to prohibit the circumvention of technologies set by rightsholders to prevent the copying and distribution of their works. These technologies include encryption or “rights management information” (data that identify works or their authors, and that are necessary for the management of their rights).

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16 70 countries are party to the WCT]. Below is a map of the member states:

[[Image:Map4.png]]

For more about the WCT [http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html read its text] or read the [[Examination of the WCT]].

====WIPO Performances and Phonograms Treaty (WPPT)====

The WIPO Performances and Phonograms Treaty (WPPT) was signed by the member states of WIPO on December 20, 1996. The WPPT enhances the intellectual property rights of performers and of producers of '''phonograms'''. Phonograms include vinyl records, tapes, compact discs, digital audiotapes, MP3s, and other media for storing sound recordings.

The WPPT grants performers economic rights in their performances that have been fixed in phonograms. It also grants performers moral rights over these performances. By contrast, the producers of phonograms are only granted economic rights in them.

[http://www.wipo.int/treaties/en/ShowResults.jsp?country_id=ALL&start_year=ANY&end_year=ANY&search_what=C&treaty_id=20 68 countries are party to the WPPT]. Below is a map of the member countries:
[[Image:Map5.png]]

For more about the WPPT [http://www.wipo.int/treaties/en/ip/wppt/trtdocs_wo034.html read its text] or consult the [[Examination of the WPPT]].

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

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO). A map showing the current membership of the WTO is available [http://en.wikipedia.org/wiki/World_Trade_Organization_accession_and_membership here]. The TRIPS agreement was negotiated and concluded in 1994. TRIPS establishes minimum standards for many forms of intellectual property protection in member countries of the WTO, including copyright.

The substantive provisions of TRIPS do not differ drastically from the Berne Convention. The major difference is that TRIPS requires member countries to grant copyright protection to computer programs and data compilations. However, TRIPS does not require the protection of authors' moral rights, which the Berne Convention requires.

The most important innovations of TRIPS are the remedies it requires. Unlike the Berne Convention, TRIPS requires member countries to provide effective sanctions for violations of copyrights. In addition, it creates a dispute resolution mechanism by which WTO member countries can force other members to comply with their treaty obligations. It is sometimes said that, unlike the Berne convention, TRIPS has "teeth."

TRIPS allows for some flexibility in its implementation. This flexibility is intended to permit developing nations to balance the incorporation of the general principles of TRIPS with development concerns. You can study additional [[Information concerning the flexibilities]] of TRIPS for developing nations.

The text of the TRIPS Agreement is available [http://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm here].

====The proposed Anti-Counterfeiting Trade Agreement (ACTA)====

The six multilateral treaties described above may soon be joined by a seventh. In October 2007, the United States, the European Community, Switzerland, and Japan simultaneously announced that they would negotiate a new intellectual property enforcement treaty, the Anti-Counterfeiting Trade Agreement (ACTA). Australia, the Republic of Korea, New Zealand, and Mexico have since joined the negotiations. Several rounds of negotiations have occurred. The participants have stated publicly that they expect to finish negotiations in 2010.

Among other issues, ACTA will contain provisions to address "Internet distribution and information technology," such as authorizing officials to search for illegally downloaded music on personal devices at airports, or forcing Internet Service Providers to provide information about possible copyright infringers without a warrant.

===Regional Agreements===

The multilateral agreements we have just described contain the primary provisions that limit the freedom of each country in shaping its own copyright laws. But some countries also belong to regional organizations that have the power to influence the copyright laws of their members.

The most important such regional organization is the '''European Union''', commonly known as the '''EU'''. (A map showing the current membership of the EU, as well as the candidates for admission to the EU, is available [http://www.ezilon.com/european_maps.htm here].) Beginning in 1991, the EU has adopted several directives relating to copyright law. (A directive obliges the member countries to bring their laws into conformity with its requirements by a particular date, but leaves to each country's discretion some flexibility in achieving that goal.) For example, the Software Directive required member countries to grant copyright protection to the authors of software programs, regardless of how creative those programs are. The [http://en.wikipedia.org/wiki/Rental_Directive Rental Rights Directive] required member countries to recognize "a right to authorize or prohibit the rental and lending of originals and copies of copyright works...." (The background of this innovation and its significance for librarians will be discussed in [[Module 4: Rights, Exceptions, and Limitations]]). The [http://en.wikipedia.org/wiki/Copyright_Duration_Directive_(93/98/EEC) Copyright Duration Directive] required member countries to extend copyright protection to the life of the author plus 70 years (20 years more than the term required by the Berne Convention). The controversial [http://en.wikipedia.org/wiki/Directive_on_the_harmonisation_of_certain_aspects_of_copyright_and_related_rights_in_the_information_society Information Society Directive] (also sometimes known as the Copyright Directive) was adopted in 2001 to implement the WIPO Copyright Treaty, discussed above. (The main provisions of the Information Society Directive will be discussed in subsequent modules.) And the [http://en.wikipedia.org/wiki/Resale_Rights_Directive Resale Rights Directive] obliges member countries to grant the creators of original works of art a right to remuneration when those works are resold.

Equally important for many African countries is the revised [http://www.oapi.wipo.net/doc/en/bangui_agreement.pdf Bangui Agreement] (executed in 1999; effective in 2002), which governs the member countries of the [http://www.oapi.wipo.net/fr/OAPI/index.htm '''African Intellectual Property Organization (OAPI)'''] (Benin, Burkina Faso, Cameroon, Central Africa, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Chad, and Togo). Articles 8 and 10 of Annex VII of the Agreement sets forth an especially generous list of moral rights (reflecting its origins in French copyright law), while Article 9 sets forth a similarly generous list of economic rights, including the rental right. Articles 11 through 21 then carve out of those rights a long list of exceptions and limitations (to which we will return in Modules 4 and 5).

The '''North American Free Trade Agreement (NAFTA)''', which was entered into in 1994 by Canada, the United States, and Mexico, limits the discretion of those three countries in defining their intellectual-property laws. However, with respect to copyright laws in particular, NAFTA closely parallels the TRIPS Agreement, discussed above, and thus has relatively little independent significance.

Other regional organizations that could influence their member countries' copyright systems -- but that have not yet, for the most part, done so -- include [http://www.comunidadandina.org/index.htm '''The Andean Community'''] (Bolivia, Colombia, Ecuador, and Peru), [http://www.mercosur.int/msweb/Portal%20Intermediario/ '''Mercosur'''] (Argentina, Brazil, Paraguay, Uruguay, and (perhaps soon) Venezuela), and the [http://www.aripo.org/ '''African Regional Intellectual Property Organization (ARIPO)'''] (Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe).

===Free Trade Agreements and Bilateral Investment Treaties===

Multilateral treaties such as TRIPS can provide powerful global protection for copyright holders because they establish minimum standards for protection of copyrights that are binding on large numbers of countries. However, copyright holders sometimes try to obtain even stronger protections through bilateral treaties between countries or organizations of countries. Bilateral treaties on copyright law often address specific issues between the the two parties. Such agreements are commonly known as '''free trade agreements''' (FTAs) or '''Bilateral Investment Treaties''' (BITs).

Typically, such bilateral agreements either narrow the flexibilities that a developing country would enjoy under TRIPS or impose more stringent standards for copyright protection. For example, the US government has included anti-circumvention obligations in its bilateral FTAs with Jordan, Singapore, Chile, Morocco, Bahrain and Oman.

FTAs and BITs are highly controversial. Many scholars and representatives of developing countries regard them as abuses of the power of developed countries. Opponents of proposed FTAs or BITs have sometimes been able to prevent their adoption or modify them. We will discuss a few such instances in the Module on Advocacy.

Click here for more [[Information on FTAs]].

===The Three-Step Test===

Most of the major multilateral, regional, and bilateral agreements use a tool that has come to be known as the “three-step test” to define the freedom of member countries to create “exceptions and limitations” to copyrights. The three-step test was first created in the 1967 revision of the Berne Convention. It provides:

''"It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works [a] in certain special cases, provided that [b] such reproduction does not conflict with a normal exploitation of the work and [c] does not unreasonably prejudice the legitimate interests of the author."''

Most international copyright agreements since then have incorporated versions of this test. For example, versions of the test may be found in the TRIPS Agreement (Article 13), the WCT (Article 10), several of the EU copyright directives, and several bilateral agreements. Indeed, three-step tests may now be found in the national legislation of many countries, including France, Portugal, China, and Australia.

The coverage of the different versions of the test varies somewhat. For example, whereas the Berne Convention three-step test only applies to exceptions and limitations to the right of reproduction, the three-step test contained in Article 13 of the TRIPS Agreement applies to exceptions and limitations to any of the “exclusive rights” associated with copyright. In addition, the language used in the different versions varies. For example, whereas the third step of the Berne Convention test (quoted above) requires that an exception or limitation “not unreasonably prejudice the legitimate interests of the author,” the third step of the TRIPS test requires that an exception or limitation “not unreasonably prejudice the legitimate interests of the right holder” – a change that shifts attention away from the interests of creators toward the economic interests of the companies that acquire copyrights from the original creators.

Given the prevalence of the three-step test and the long period of time in which it has existed, you might expect that the meaning of the test would by now be clear. Not so. The version of the test contained in the Berne Convention has never been interpreted officially. The version contained in Article 13 of the TRIPS Agreement has only been officially interpreted once by a dispute resolution panel, and how far that interpretation should control other countries in the future is not clear. And the courts in different European countries have construed the test in inconsistent ways in functionally identical cases.

Given this uncertainty, commentators and lobbyists disagree sharply about how restrictive the three-step test really is. At one extreme, some claim that the fair-use doctrine in the U.S.A. (which we will discuss in [[Module 4: Rights, Exceptions, and Limitations]]) violates the test – and thus that the United States should repeal the fair-use doctrine and that developing countries may not adopt similar doctrines. As [http://williampatry.blogspot.com/2008/04/fair-use-three-step-test-and-european.html William Patry has demonstrated], this interpretation is highly implausible – as shown most clearly by the failure of any of the countries involved in the negotiation of the TRIPS Agreement or the accession by the U.S.A. to the Berne Convention to object to the fair-use doctrine in the U.S.A..

At the opposite extreme, a group of prominent and influential copyright scholars have recently proposed [http://www.ip.mpg.de/ww/de/pub/aktuelles/declaration_on_the_three_step_.cfm "A Balanced Interpretation of the Three-Step Test in Copyright Law"]. They argue that an exception or limitation that fails to satisfy one of the three steps should not necessarily be deemed to violate the test. Rather, all three components of the test should be considered together in a "comprehensive overall assessment" that takes into account the threats that excessive levels of copyright protection pose to "human rights and fundamental freedoms," "interests in competition," and "other public interests, notably in scientific progress and cultural, social, or economic development" -- in addition to the important interests of copyright holders in fair compensation. This proposal has two strengths. First, it fits well the underlying purpose of the copyright system as a whole, which, as we have seen, seeks to balance the interests of creators and the interests of society at large in maximizing access to ideas and information. Second, it derives support from the reference in all versions of the test to the "legitimate" interests of either authors or right holders. It does, however, have one weakness: virtually all courts and tribunals that have considered the test to date have concluded that all three of its "steps" must be satisfied.

Another interpretation that does not suffer from this weakness but that preserves the strengths of the proposed "Balanced Interpretation" has been offered recently by [http://www.ivir.nl/publicaties/hugenholtz/finalreport2008.pdf Professors Hugenholtz and Okediji]: ''"Limitations and exceptions that (1) are not overly broad, (2) do not rob right holders of a real or potential source of income that is substantive, and (3) do not do disproportional harm to the right holders, will pass the test."'' This proposal is grounded in a long and detailed discussion of the evolution of the three-step test and deserves careful consideration.

An important general lesson may be derived from this situation: The meaning of copyright laws of all sorts -- including international copyright agreements -- is often less clear than first appears. Many rules have not yet been interpreted authoritatively. This creates opportunities for librarians or other representatives of developing countries to argue for and act upon interpretations that give them more freedom when shaping their own laws. In subsequent modules, we will come across several such opportunities.

== Perspectives For Developing Countries ==

====The Benefits and Drawbacks of Copyright Law for Developing Countries====

Some observers believe that governments should upgrade and harmonize copyright law globally because it promotes the arts and rewards creators. They argue that granting an exclusive right in creative expression provides a necessary incentive for copyright holders to invest in the creation and distribution of expressive works. This stimulates cultural expression and benefits citizens.

However, others argue that implementing the same copyright law in all countries has a disproportionate and negative effect on developing countries. Most developed nations have powerful and lucrative entertainment, educational, and research industries that export copyrighted works, and thus benefit from strong copyright law. Developing countries, on the other hand, typically import copyrighted works. Thus, it is argued, the residents of developing countries have to pay more royalties and fees as a result of enhanced copyright protection. It is also argued that restrictive copyright laws prevent many governments from addressing important social needs - such as providing their citizens good educations - because critical information is locked up by the law.

The latter set of arguments have has prompted a growing number of groups in developing countries to resist the imposition of the minimum standards of copyright protection set by the TRIPS Agreement and the even harsher duties that are imposed on developing countries by FTAs. They call for a better balance between, on one hand, providing incentives to creators and rewarding their creative activities and, on the other hand, promoting access to knowledge and research, in order to spur economic growth and foster innovation in the developing countries.

====WIPO Development Agenda====

The WTO has entered into an agreement with the '''World Intellectual Property Organization (WIPO)''' to provide advice to developing countries on the implementation of TRIPS. Some in developing countries consider the advice provided by WIPO to be too weighted in favor of the interests of copyright holders. In 2004, Brazil and Argentina submitted to the '''WIPO General Assembly''' a proposal for a “development agenda.” [http://www.wipo.int/edocs/mdocs/govbody/en/wo_ga_31/wo_ga_31_11.pdf The proposal] called on WIPO to pay greater attention to the impact of intellectual property protection on economic and social development, the need to safeguard flexibilities designed to protect the public interest, and the importance of promoting “development oriented” technical cooperation and assistance. Additional proposals in support of a WIPO Development Agenda were submitted by other member countries and organizations, such as Chile, the Group of Friends of Development, and the Africa Group.

This initiative has made considerable progress. The 2004 WIPO General Assembly agreed to hold a series of intergovernmental meetings to examine the proposals for a development agenda. Substantive reform proposals to establish a development agenda for WIPO passed during the 2007 WIPO General Assembly. The [http://www.wipo.int/ip-development/en/agenda/recommendations.html current WIPO Development Agenda contains 45 recommendations] for the General Assembly to pursue.

Organizations representing librarians have had a significant voice in the negotiations of the WIPO Development Agenda. Joint statements of the International Federation of Library Associations (IFLA), the Library Copyright Alliance (LCA), and Electronic Information for Libraries (eIFL) are available [http://www.eifl.net/cps/sections/services/eifl-ip/issues/wipo-development-agenda here]. Click here for more [[information on the WIPO development agenda]].

====The Proposed Access to Knowledge (A2K) Treaty====

The Argentina-Brazil proposal for a development agenda prompted a debate on whether WIPO should work to ensure effective technology transfer from developed to developing countries. Nongovernmental organizations (NGOs), academics, and researchers shared the concerns expressed by developing countries that aspects of the copyright system were impeding innovation and creating disadvantages for developing countries. This reaction to WIPO’s current policies took the form of a movement calling for equality among citizens from developed and developing countries as regards access to knowledge; it has come to be known as the “access to knowledge” or '''“A2K”''' movement. Librarians’ organizations, such as eIFL, were pioneers in the advocacy of a “right to knowledge” and have called upon WIPO to establish minimum exceptions and limitations to copyright protection.

One outgrowth of the movement has been a [http://www.cptech.org/a2k/a2k_treaty_may9.pdf proposal for a United Nations treaty]. The proposed treaty intends to “protect and enhance access to knowledge, and to facilitate the transfer of technology to developing countries.” It includes a list of circumstances under which copyright holders may not prevent the free use of their content, including:

* The use of works for purposes of library or archival preservation, or to migrate content to a new format.
* The efforts of libraries, archivists, or educational institutions to make copies of works that are not currently the subject of commercial exploitation, for purposes of preservation, education, or research.
* The use of excerpts, selections, and quotations from copyrighted works for purposes of explanation and illustration in connection with not-for-profit teaching and scholarship.
* The use of copyrighted works by educational institutions as primary instructional materials, if those materials are not made readily available by copyright holders at reasonable prices.

In addition, the proposed treaty would establish a '''First Sale Doctrine''' for '''Library Use''', stating that “a work that has been lawfully acquired by a library may be lent to others without further transaction fees to be paid by the library.” Finally, the A2K treaty proposal introduces provisions in support of distance education, as well as provisions accommodating the rights of persons with disabilities.

Librarians and library patrons aren’t the only parties who could benefit from the A2K treaty. The proposal includes rules protecting '''Internet Service Providers''' from copyright liability, and also mitigates the strict prohibitions on circumvention of encryption contained in several international copyright treaties. Under the proposed treaty, '''nonoriginal''' and '''orphan works''' (those works for which a copyright holder cannot be identified upon reasonable search) would be left in the '''public domain'''. The treaty would also guarantee access to publicly funded research works, government works, and archives of public broadcasting. Finally, the A2K treaty proposal also includes provisions on patent protection, anticompetitive practices, and transfer of technology to developing countries.

Click this link for additional [[information on the A2K Treaty proposal]].
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== [[Image:casestudy.png|50px|]] Back to the Case Study ==

To advise Angela, Nadia should review the lists of the member countries of all of the international agreements discussed in this lesson to ascertain whether their country has joined any of those agreements. She should then review the terms of any applicable agreements to determine whether they prevent expansion of the rights of teachers and students to use copyrighted materials without permission. That inquiry will likely require Nadia to consider which of the various interpretations of the three-step test is most sensible, and the extent to which that test limits a country's discretion in recognizing exceptions and limitations for educational purposes. That analysis will be difficult and may require Nadia to consult with fellow librarians.

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==[[image:resource.png|50px|]] Additional resources ==

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., International Copyright Law and Practive (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. (It is also [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10440 prohibitively expensive]). Other useful paper treatises include Paul Goldstein, International Copyright: Principles, Law, and Practice (Oxford University Press) and Silke von Lewinski, [http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy] (Oxford University Press 2008).

An online course on International Copyright Law, directed at librarians, may be found at [http://sla.learn.com/learncenter.asp?page=258 http://sla.learn.com/learncenter.asp?page=258], but it is also expensive.

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

As indicated above, an especially important component of most international copyright agreements is the three-step test. The most comprehensive and accessible examination of the history and meaning of that test may be found in P. Bernt Hugenholtz & Ruth L. Okediji, Conceiving an International Instrument on Limitations and Exceptions to Copyright: Final Report,
March 06, 2008, available at http://www.ivir.nl/publicaties/hugenholtz/finalreport2008.pdf. Other good analyses of the three-step test available in print but not online include Martin Senftleben, Copyright, Limitations and the Three-Step Test (Kluwer Law Int'l 2004); and Jane C. Ginsburg, "Toward Supranational Copyright Law? The WTO Panel Decision and the "Three Step Test" for Copyright Exemptions," 187 Revue internationale Du Droit D'Auteur 3, 49 (2001);

A thorough review of the principal exceptions and limitations to copyrights recognized by the main multilateral agreements -- combined with a argument for the clarification and expansion of those exceptions and limitations, emphasizing "the importance of access to creative works for developing countries" -- may be found in Ruth L. Okediji, The International Copyright System: Limitations, Exceptions and Public Interest Considerations for Developing Countries, International Centre for Trade and Sustainable Development and United Nations Conference on Trade and Development, Issue Paper No. 15 (2006), available at http://www.iprsonline.org/unctadictsd/docs/ruth%202405.pdf.

For a WIPO study more skeptical of the value of those exceptions and limitations, see WIPO Standing Committee on Copyright and Related Rights, WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment, 9th Session, June 23-27, 2003, WIPO Doc. SCCR/9/7 (April 5, 2003), available at http://www.wipo.int/edocs/mdocs/copyright/en/sccr_9/sccr_9_7.pdf.

An excellent study of the process of implementing the TRIPS Agreement (including a detailed discussion of the complex processes that led to the revised Bangui Agreement among the OAPI countries) can be found in Carolyn Deere, The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries (Oxford UP 2009). The Introduction, which sketches the argument of the book, is available online at http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=1405224.

For up-to-date information concerning the implementation of the EU Information Society Directive by individual countries, including a good bibliography of scholarly studies of the implementation process, see Instituut voor Infomatierecht (IVIR), [http://www.ivir.nl/files/implementation_2001_29_EC/index_eng.html Report on the Implementation of the Information Society Directive] (2008).

== [[image:question.png|50px|]] Assignment and discussion questions ==

'''[[image:assignment.png|50px|]]Assignment'''

1. Which international treaties governing copyright law has your country signed, ratified, and implemented?

2. If your country is a member of the Berne Convention, may your national legislature set the copyright term to either a) 120 years or b) 25 years? Why or why not?

3. Imagine that your country is a member of the Berne Convention, but not of the WTO. Thus, your country is not bound by TRIPS.
* May your national legislature require foreign copyright holders to register their works with your country in order to receive copyright protection?
* If your legislature ''did'' require registration, could other members of the Berne Convention take action against your country? How would your answer be different if your country were also a member of the WTO?

4. Suppose that the fictional country of Atlantis has recently signed and ratified the WIPO Copyright Treaty. Its national legislature wants to implement the treaty. Atlantis only imports software from other countries and it has never before protected them under copyright law. The legislature believes that it is in the interest of Atlanteans to extend as little copyright protection to computer programs as possible. What provisions of the WTC would allow Atlanteans to freely use computer programs?

5. Do you think that both developed and developing countries should have the same rules for copyright protection? Why or why not?

6. Read article 3-1 of the [http://www.cptech.org/a2k/a2k_treaty_may9.pdf draft text of the A2K treaty].
Comment on the importance of one or two provisions for the missions you perform as a librarian.

'''[[image:discussion.png|50px]]Discussion Question(s)'''

Please read the comments on the A2K treaty proposals that your colleagues provided to question 6, above, and comment on one (or more) of them. You may give more examples based on situations you have faced at work, or projects you could develop.

== Contributors ==

This module was created by [[Contributors#vantsiouri|Petroula Vantsiouri]]. It was then edited by a team including [[Contributors#diaz|Sebastian Diaz]], [[Contributors#fisher|William Fisher]], [[Contributors#gasser|Urs Gasser]], [[Contributors#holland|Adam Holland]], [[Contributors#isbell|Kimberley Isbell]], [[Contributors#maclay|Colin Maclay]], [[Contributors#moshirnia|Andrew Moshirnia]], and [[Contributors#peterson|Chris Peterson]].

{{NavFooter}}

Module 2: The International Framework

2009-09-01T01:56:21Z

Hollandof: /* International Instruments */

==[[Image:key.png|50px|]] Learning objective ==

This module discusses international copyright law. It explains how international copyright law works, how it affects developing countries, and how developing countries can affect it.

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== [[Image:casestudy.png|50px|]] Case study ==

Angela is troubled by the limitations that copyright law places upon her ability to assemble and distribute course materials. She is considering writing a short article, arguing that her nation's copyright law should be reformed to give teachers and students more latitude. However, she has heard that international agreements may restrict the freedom that each country enjoys to define its own copyright laws. Before drafting her article, she asks Nadia's help in determining which, if any, international agreements are applicable in their own country.

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==[[Image:lesson.png|50px|]] Lesson ==

== The Rationale for the International System ==

As we saw in [[Module 1: Copyright and the Public Domain]], each country in the world has its own set of copyright laws. However, the flexibility that most countries enjoy in adjusting and enforcing their own laws is limited by a set of international treaties.

Why do we need any international management of this field? There are three traditional answers to this question.

First, without some international standardization, nations might enact legislation that protects their own citizens while leaving foreigners vulnerable. Such discrimination was common prior to international regulation.

Second, it is easier to know what the freedoms and restrictions of copyright are if there are similarities across countries. Authors and artists wish to know what protections are available to them -- and users of copyrighted works wish to know what freedoms they may enjoy -- in a globalized world.

Finally, some copyright holders believe that developing nations would not adopt strong copyright protections unless forced to do so by treaty. Representatives of developing nations strongly dispute this argument.

== International Instruments ==

The simplest way to achieve these goals would be a single treaty signed by all countries. Unfortunately, the current situation is more complex. Instead of one treaty, we now have six major '''multilateral''' agreements, each with a different set of member countries.

Each of the six agreements was negotiated within – and is now administered by – an international organization. Four of the six are managed by the World Intellectual Property Organization (WIPO); one by the United Nations Educational, Scientific and Cultural Organization (UNESCO); and one by the World Trade Organization (WTO).

The six agreements have been created and implemented in similar, though not identical, ways. Typically, the process begins when representatives of countries think that there should be international standards governing a set of issues. They enter into '''negotiations''', which can last several years. During the negotiations, draft provisions are presented to the delegations of each country, which then discuss them and may propose amendments to their content in order to reach a consensus. This "consensus" may reflect genuine agreement among all of the participating countries that the proposed treaty is desirable, or it may result from pressure exerted by more powerful countries upon less powerful countries. Once consensus has been reached, the countries conclude the treaty by '''signing''' it. Thereafter, the governments of the participating countries '''ratify''' the treaty, whereupon it '''enters into force'''. From that moment onward, the signatory countries are obliged to implement the international agreement. Countries that did not sign the treaty when it was initially concluded may join the treaty later by '''accession'''.

None of the six treaties contains a comprehensive set of rules or standards for a copyright system. Rather, each one requires member countries to deal with particular issues in particular ways, but leaves to the member countries considerable discretion in implementing its requirements. Nor do any of the treaties bind individual persons within the member countries until and unless the governments of those countries actually implement the standards with legislation.

Click here for more on the [[stages of an international agreement]].

Set forth below are brief descriptions of the six major treaties, with special attention to their impacts on developing countries.

====Berne Convention====

In 1886 ten European states signed the Berne Convention for the Protection of Literary and Artistic Works (henceforth Berne Convention) in order to reduce confusion about international copyright law. Since then, a total of 164 countries have joined the Berne Convention. However, there have been several revisions of the Berne Convention, and not all countries have ratified the most recent version. Any nation is permitted to join. You can check to see [http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15 if your country is a member of the Convention by consulting this link]. Below is a map showing which countries are currently members.

[[Image:Map1.png]]

The Berne Convention established three fundamental principles. The first and most famous is the principle of “national treatment,” which requires member countries to give the residents of other member countries the same rights with respect to copyright law that they give to their own residents. So, for example, a novel written in Bolivia by a Bolivian citizen enjoys the same protection in Ghana as a novel written in Ghana by an Ghanian citizen.

The second is the principle of “independence” of protection. It provides that each member country must give foreign works the same protections they give domestic works, even when the foreign works would not be shielded under the copyright laws of the countries where they originated. For example, even if a novel written in Bolivia by a Bolivian national were not protected under Bolivian law, it would still be protected in Ghana if it fulfilled the requirements for protection under Ghanian law.

The third is the principle of “automatic protection.” This principle forbids member countries from requiring compliance with legal formalities as a prerequisite for copyright protection. In other words, in countries that are members of the Berne Convention, original works enjoy copyright protection automatically from the moment they are created. So, for example, the Bolivian author of a novel doesn’t have to register or declare her novel in Ghana, India, Indonesia or any other member state of the Berne Convention; her novel will be automatically protected in all of these countries from the moment it is written.

In addition to these basic principles, the Berne Convention also imposes on member countries a number of more specific requirements. For instance, they must enforce copyrights for a minimum period of time. The minimum copyright term for countries that have ratified the most recent version of the Berne Convention is the life of the author plus 50 years for all works except photographs and cinema. The Convention also requires its members to recognize and enforce a subset of the “moral rights” discussed in [[Module 1: Copyright and the public domain: an introduction|Module 1]].

The Berne Convention sets forth a framework for member countries to adopt exceptions to the mandated copyright protections. The so-called "three-step test" contained in Article 9(2) ([http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework#The_Three-Step_Test discussed in more detail below]) defines the freedom of member countries to create exceptions or limitations to authors' rights to control reproductions of their works. Other provisions of the Berne Convention give member countries discretion to create more specific exceptions.

When the Berne Convention was revised most recently in Paris in 1971, the signatory countries added an Appendix, which contains special provisions concerning developing countries. In particular, developing countries may, for certain works and under certain conditions, depart from the minimum standards of protection with regard to the right of translation and the right of reproduction of copyrighted works. More specifically, the Appendix permits developing countries to grant non-exclusive and non-transferable compulsory licenses to translate works for the purpose of teaching, scholarship or research, and to reproduce works for use in connection with systematic instructional activities.

While the Berne Convention outlines broad standards for copyright protection, it mandates few specific rules. As a result, the legislature in each member country enjoys considerable flexibility in implementing the Convention. For example, in the Berne Convention Implementation Act of 1988, the U.S. Congress adopted a “minimalist” approach to implementation, making only those changes to copyright law that were absolutely necessary to qualify for membership.

The Berne Convention does not contain an enforcement mechanism. This means that member states have little power to punish another state that does not abide by the Convention's guidelines. As we will see later, this situation partially changed for the members of the Berne Convention that also joined the World Trade Organization.

To learn more about the Berne Convention you may [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html read its text] or review the provisions of the [[Berne Convention]].

====Universal Copyright Convention====

The '''Universal Copyright Convention''' (or '''UCC''') was developed by '''UNESCO''' and adopted in 1952. It was created as an alternative to the Berne Convention. The UCC addressed the desire of several countries (including the U.S.A. and the Soviet Union) to enjoy some multilateral copyright protection without joining the Berne Convention.

The UCC’s provisions are more flexible than those of the Berne Convention. This increased flexibility was intended to accommodate countries at different stages of development and countries with different economic and social systems. Like the Berne Convention, the UCC incorporates the principle of national treatment and prohibits any discrimination against foreign authors, but it contains fewer requirements that member countries must comply with.

The UCC has decreased in importance as most countries are now party to the Berne Convention or are members of the World Trade Organization (WTO) (or both). The copyright obligations of members of the WTO are governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), discussed below.

You may check if your country is a member of the UCC by reviewing [http://portal.unesco.org/culture/en/files/7816/11642786761conv_71_e.pdf/conv_71_e.pdf this list]. For more information about the UCC you may [http://www.ifla.org/documents/infopol/copyright/ucc.txt read its text] or consult the [[Examination of the UCC]].

====Rome Convention (1961)====

By 1961, technology had progressed significantly since the Berne Convention was signed. Some inventions, such as tape recorders, had made it easier to copy recorded works. The Berne Convention only applied to printed works and thus did not help copyright holders defend against the new technologies. To address the perceived need for strong legislative protection for recorded works, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations was concluded by members of WIPO on October 26, 1961. It extended copyright protection from the author of a work to the creators and producers of particular, physical embodiments of the work. These "fixations" include media such as audiocassettes, CDs, and DVDs.

The Rome Convention requires member countries to grant protection to the works of performers, producers of phonographs, and broadcasting organizations. However, it also permits member countries to create exceptions to that protection -- for example, to permit unauthorized uses of a recording for the purpose of teaching or scientific research.

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=17 86 countries have signed the Rome Convention]. Below is a map of the member states:

[[Image:Map2.png]]

Membership in the Rome Convention is open only to countries that are already parties to the Berne Convention or to the Universal Copyright Convention. Like many international treaties, joining the Rome Convention has an uncertain effect on domestic law. Countries that join the convention may "reserve" their rights with regards to certain provisions of the treaty. In practice, this has enabled countries to avoid the application of rules that would require important changes to their national laws.

For more information on the Rome Convention you may [http://www.wipo.int/treaties/en/ip/rome/trtdocs_wo024.html read its text] or read more about the [[Rome Convention provisions]].

====WIPO Copyright Treaty (WCT) ====

The way that copyright owners reproduce, distribute, and market their works has changed in the digital age. Sound recordings, articles, photographs, and books are commonly stored in electronic formats, circulated via the Internet, and compiled in databases. Unfortunately, the same technologies that enable more efficient storage and distribution have also facilitated widespread copying of copyrighted works. Concerned about the effects of these new technologies, the governments of developed countries advocated for and ultimately secured two treaties: the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty.

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention that entered into force on March 6, 2002. It is the first international treaty that requires countries to provide copyright protection to computer programs and to databases (compilations of data or other material).

The WCT also requires members to prohibit the circumvention of technologies set by rightsholders to prevent the copying and distribution of their works. These technologies include encryption or “rights management information” (data that identify works or their authors, and that are necessary for the management of their rights).

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16 70 countries are party to the WCT]. Below is a map of the member states:

[[Image:Map4.png]]

For more about the WCT [http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html read its text] or read the [[Examination of the WCT]].

====WIPO Performances and Phonograms Treaty (WPPT)====

The WIPO Performances and Phonograms Treaty (WPPT) was signed by the member states of WIPO on December 20, 1996. The WPPT enhances the intellectual property rights of performers and of producers of '''phonograms'''. Phonograms include vinyl records, tapes, compact discs, digital audiotapes, MP3s, and other media for storing sound recordings.

The WPPT grants performers economic rights in their performances that have been fixed in phonograms. It also grants performers moral rights over these performances. By contrast, the producers of phonograms are only granted economic rights in them.

[http://www.wipo.int/treaties/en/ShowResults.jsp?country_id=ALL&start_year=ANY&end_year=ANY&search_what=C&treaty_id=20 68 countries are party to the WPPT]. Below is a map of the member countries:
[[Image:Map5.png]]

For more about the WPPT [http://www.wipo.int/treaties/en/ip/wppt/trtdocs_wo034.html read its text] or consult the [[Examination of the WPPT]].

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

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO). A map showing the current membership of the WTO is available [http://en.wikipedia.org/wiki/World_Trade_Organization_accession_and_membership here]. The TRIPS agreement was negotiated and concluded in 1994. TRIPS establishes minimum standards for many forms of intellectual property protection in member countries of the WTO, including copyright.

The substantive provisions of TRIPS do not differ drastically from the Berne Convention. The major difference is that TRIPS requires member countries to grant copyright protection to computer programs and data compilations. However, TRIPS does not require the protection of authors' moral rights, which the Berne Convention requires.

The most important innovations of TRIPS are the remedies it requires. Unlike the Berne Convention, TRIPS requires member countries to provide effective sanctions for violations of copyrights. In addition, it creates a dispute resolution mechanism by which WTO member countries can force other members to comply with their treaty obligations. It is sometimes said that, unlike the Berne convention, TRIPS has "teeth."

TRIPS allows for some flexibility in its implementation. This flexibility is intended to permit developing nations to balance the incorporation of the general principles of TRIPS with development concerns. You can study additional [[Information concerning the flexibilities]] of TRIPS for developing nations.

The text of the TRIPS Agreement is available [http://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm here].

====The proposed Anti-Counterfeiting Trade Agreement (ACTA)====

The six multilateral treaties described above may soon be joined by a seventh. In October 2007, the United States, the European Community, Switzerland, and Japan simultaneously announced that they would negotiate a new intellectual property enforcement treaty, the Anti-Counterfeiting Trade Agreement (ACTA). Australia, the Republic of Korea, New Zealand, and Mexico have since joined the negotiations. Several rounds of negotiations have occurred. The participants have stated publicly that they expect to finish negotiations in 2010.

Among other issues, ACTA will contain provisions to address "Internet distribution and information technology," such as authorizing officials to search for illegally downloaded music on personal devices at airports, or forcing Internet Service Providers to provide information about possible copyright infringers without a warrant.

===Regional Agreements===

The multilateral agreements we have just described contain the primary provisions that limit the freedom of each country in shaping its own copyright laws. But some countries also belong to regional organizations that have the power to influence the copyright laws of their members.

The most important such regional organization is the '''European Union''', commonly known as the '''EU'''. (A map showing the current membership of the EU, as well as the candidates for admission to the EU, is available [http://www.ezilon.com/european_maps.htm here].) Beginning in 1991, the EU has adopted several directives relating to copyright law. (A directive obliges the member countries to bring their laws into conformity with its requirements by a particular date, but leaves to each country's discretion some flexibility in achieving that goal.) For example, the Software Directive required member countries to grant copyright protection to the authors of software programs, regardless of how creative those programs are. The [http://en.wikipedia.org/wiki/Rental_Directive Rental Rights Directive] required member countries to recognize "a right to authorize or prohibit the rental and lending of originals and copies of copyright works...." (The background of this innovation and its significance for librarians will be discussed in [[Module 4: Rights, Exceptions, and Limitations]]). The [http://en.wikipedia.org/wiki/Copyright_Duration_Directive_(93/98/EEC) Copyright Duration Directive] required member countries to extend copyright protection to the life of the author plus 70 years (20 years more than the term required by the Berne Convention). The controversial [http://en.wikipedia.org/wiki/Directive_on_the_harmonisation_of_certain_aspects_of_copyright_and_related_rights_in_the_information_society Information Society Directive] (also sometimes known as the Copyright Directive) was adopted in 2001 to implement the WIPO Copyright Treaty, discussed above. (The main provisions of the Information Society Directive will be discussed in subsequent modules.) And the [http://en.wikipedia.org/wiki/Resale_Rights_Directive Resale Rights Directive] obliges member countries to grant the creators of original works of art a right to remuneration when those works are resold.

Equally important for many African countries is the revised [http://www.oapi.wipo.net/doc/en/bangui_agreement.pdf Bangui Agreement] (executed in 1999; effective in 2002), which governs the member countries of the [http://www.oapi.wipo.net/fr/OAPI/index.htm '''African Intellectual Property Organization (OAPI)'''] (Benin, Burkina Faso, Cameroon, Central Africa, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Chad, and Togo). Articles 8 and 10 of Annex VII of the Agreement sets forth an especially generous list of moral rights (reflecting its origins in French copyright law), while Article 9 sets forth a similarly generous list of economic rights, including the rental right. Articles 11 through 21 then carve out of those rights a long list of exceptions and limitations (to which we will return in Modules 4 and 5).

The '''North American Free Trade Agreement (NAFTA)''', which was entered into in 1994 by Canada, the United States, and Mexico, limits the discretion of those three countries in defining their intellectual-property laws. However, with respect to copyright laws in particular, NAFTA closely parallels the TRIPS Agreement, discussed above, and thus has relatively little independent significance.

Other regional organizations that could influence their member countries' copyright systems -- but that have not yet, for the most part, done so -- include [http://www.comunidadandina.org/index.htm '''The Andean Community'''] (Bolivia, Colombia, Ecuador, and Peru), [http://www.mercosur.int/msweb/Portal%20Intermediario/ '''Mercosur'''] (Argentina, Brazil, Paraguay, Uruguay, and (perhaps soon) Venezuela), and the [http://www.aripo.org/ '''African Regional Intellectual Property Organization (ARIPO)'''] (Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe).

===Free Trade Agreements and Bilateral Investment Treaties===

Multilateral treaties such as TRIPS can provide powerful global protection for copyright holders because they establish minimum standards for protection of copyrights that are binding on large numbers of countries. However, copyright holders sometimes try to obtain even stronger protections through bilateral treaties between countries or organizations of countries. Bilateral treaties on copyright law often address specific issues between the the two parties. Such agreements are commonly known as '''free trade agreements''' (FTAs) or '''Bilateral Investment Treaties''' (BITs).

Typically, such bilateral agreements either narrow the flexibilities that a developing country would enjoy under TRIPS or impose more stringent standards for copyright protection. For example, the US government has included anti-circumvention obligations in its bilateral FTAs with Jordan, Singapore, Chile, Morocco, Bahrain and Oman.

FTAs and BITs are highly controversial. Many scholars and representatives of developing countries regard them as abuses of the power of developed countries. Opponents of proposed FTAs or BITs have sometimes been able to prevent their adoption or modify them. We will discuss a few such instances in the Module on Advocacy.

Click here for more [[Information on FTAs]].

===The Three-Step Test===

Most of the major multilateral, regional, and bilateral agreements use a tool that has come to be known as the “three-step test” to define the freedom of member countries to create “exceptions and limitations” to copyrights. The three-step test was first created in the 1967 revision of the Berne Convention. It provides:

''"It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works [a] in certain special cases, provided that [b] such reproduction does not conflict with a normal exploitation of the work and [c] does not unreasonably prejudice the legitimate interests of the author."''

Most international copyright agreements since then have incorporated versions of this test. For example, versions of the test may be found in the TRIPS Agreement (Article 13), the WCT (Article 10), several of the EU copyright directives, and several bilateral agreements. Indeed, three-step tests may now be found in the national legislation of many countries, including France, Portugal, China, and Australia.

The coverage of the different versions of the test varies somewhat. For example, whereas the Berne Convention three-step test only applies to exceptions and limitations to the right of reproduction, the three-step test contained in Article 13 of the TRIPS Agreement applies to exceptions and limitations to any of the “exclusive rights” associated with copyright. In addition, the language used in the different versions varies. For example, whereas the third step of the Berne Convention test (quoted above) requires that an exception or limitation “not unreasonably prejudice the legitimate interests of the author,” the third step of the TRIPS test requires that an exception or limitation “not unreasonably prejudice the legitimate interests of the right holder” – a change that shifts attention away from the interests of creators toward the economic interests of the companies that acquire copyrights from the original creators.

Given the prevalence of the three-step test and the long period of time in which it has existed, you might expect that the meaning of the test would by now be clear. Not so. The version of the test contained in the Berne Convention has never been interpreted officially. The version contained in Article 13 of the TRIPS Agreement has only been officially interpreted once by a dispute resolution panel, and how far that interpretation should control other countries in the future is not clear. And the courts in different European countries have construed the test in inconsistent ways in functionally identical cases.

Given this uncertainty, commentators and lobbyists disagree sharply about how restrictive the three-step test really is. At one extreme, some claim that the fair-use doctrine in the U.S.A. (which we will discuss in [[Module 4: Rights, Exceptions, and Limitations]]) violates the test – and thus that the United States should repeal the fair-use doctrine and that developing countries may not adopt similar doctrines. As [http://williampatry.blogspot.com/2008/04/fair-use-three-step-test-and-european.html William Patry has demonstrated], this interpretation is highly implausible – as shown most clearly by the failure of any of the countries involved in the negotiation of the TRIPS Agreement or the accession by the U.S.A. to the Berne Convention to object to the fair-use doctrine in the U.S.A..

At the opposite extreme, a group of prominent and influential copyright scholars have recently proposed [http://www.ip.mpg.de/ww/de/pub/aktuelles/declaration_on_the_three_step_.cfm "A Balanced Interpretation of the Three-Step Test in Copyright Law"]. They argue that an exception or limitation that fails to satisfy one of the three steps should not necessarily be deemed to violate the test. Rather, all three components of the test should be considered together in a "comprehensive overall assessment" that takes into account the threats that excessive levels of copyright protection pose to "human rights and fundamental freedoms," "interests in competition," and "other public interests, notably in scientific progress and cultural, social, or economic development" -- in addition to the important interests of copyright holders in fair compensation. This proposal has two strengths. First, it fits well the underlying purpose of the copyright system as a whole, which, as we have seen, seeks to balance the interests of creators and the interests of society at large in maximizing access to ideas and information. Second, it derives support from the reference in all versions of the test to the "legitimate" interests of either authors or right holders. It does, however, have one weakness: virtually all courts and tribunals that have considered the test to date have concluded that all three of its "steps" must be satisfied.

Another interpretation that does not suffer from this weakness but that preserves the strengths of the proposed "Balanced Interpretation" has been offered recently by [http://www.ivir.nl/publicaties/hugenholtz/finalreport2008.pdf Professors Hugenholtz and Okediji]: ''"Limitations and exceptions that (1) are not overly broad, (2) do not rob right holders of a real or potential source of income that is substantive, and (3) do not do disproportional harm to the right holders, will pass the test."'' This proposal is grounded in a long and detailed discussion of the evolution of the three-step test and deserves careful consideration.

An important general lesson may be derived from this situation: The meaning of copyright laws of all sorts -- including international copyright agreements -- is often less clear than first appears. Many rules have not yet been interpreted authoritatively. This creates opportunities for librarians or other representatives of developing countries to argue for and act upon interpretations that give them more freedom when shaping their own laws. In subsequent modules, we will come across several such opportunities.

== Perspectives For Developing Countries ==

====The Benefits and Drawbacks of Copyright Law for Developing Countries====

Some observers believe that governments should upgrade and harmonize copyright law globally because it promotes the arts and rewards creators. They argue that granting an exclusive right in creative expression provides a necessary incentive for copyright holders to invest in the creation and distribution of expressive works. This stimulates cultural expression and benefits citizens.

However, others argue that implementing the same copyright law in all countries has a disproportionate and negative effect on developing countries. Most developed nations have powerful and lucrative entertainment, educational, and research industries that export copyrighted works, and thus benefit from strong copyright law. Developing countries, on the other hand, typically import copyrighted works. Thus, it is argued, the residents of developing countries have to pay more royalties and fees as a result of enhanced copyright protection. It is also argued that restrictive copyright laws prevent many governments from addressing important social needs - such as providing their citizens good educations - because critical information is locked up by the law.

The latter set of arguments have has prompted a growing number of groups in developing countries to resist the imposition of the minimum standards of copyright protection set by the TRIPS Agreement and the even harsher duties that are imposed on developing countries by FTAs. They call for a better balance between, on one hand, providing incentives to creators and rewarding their creative activities and, on the other hand, promoting access to knowledge and research, in order to spur economic growth and foster innovation in the developing countries.

====WIPO Development Agenda====

The WTO has entered into an agreement with the '''World Intellectual Property Organization (WIPO)''' to provide advice to developing countries on the implementation of TRIPS. Some in developing countries consider the advice provided by WIPO to be too weighted in favor of the interests of copyright holders. In 2004, Brazil and Argentina submitted to the '''WIPO General Assembly''' a proposal for a “development agenda.” [http://www.wipo.int/edocs/mdocs/govbody/en/wo_ga_31/wo_ga_31_11.pdf The proposal] called on WIPO to pay greater attention to the impact of intellectual property protection on economic and social development, the need to safeguard flexibilities designed to protect the public interest, and the importance of promoting “development oriented” technical cooperation and assistance. Additional proposals in support of a WIPO Development Agenda were submitted by other member countries and organizations, such as Chile, the Group of Friends of Development, and the Africa Group.

This initiative has made considerable progress. The 2004 WIPO General Assembly agreed to hold a series of intergovernmental meetings to examine the proposals for a development agenda. Substantive reform proposals to establish a development agenda for WIPO passed during the 2007 WIPO General Assembly. The [http://www.wipo.int/ip-development/en/agenda/recommendations.html current WIPO Development Agenda contains 45 recommendations] for the General Assembly to pursue.

Organizations representing librarians have had a significant voice in the negotiations of the WIPO Development Agenda. Joint statements of the International Federation of Library Associations (IFLA), the Library Copyright Alliance (LCA), and Electronic Information for Libraries (eIFL) are available [http://www.eifl.net/cps/sections/services/eifl-ip/issues/wipo-development-agenda here]. Click here for more [[information on the WIPO development agenda]].

====The Proposed Access to Knowledge (A2K) Treaty====

The Argentina-Brazil proposal for a development agenda prompted a debate on whether WIPO should work to ensure effective technology transfer from developed to developing countries. Nongovernmental organizations (NGOs), academics, and researchers shared the concerns expressed by developing countries that aspects of the copyright system were impeding innovation and creating disadvantages for developing countries. This reaction to WIPO’s current policies took the form of a movement calling for equality among citizens from developed and developing countries as regards access to knowledge; it has come to be known as the “access to knowledge” or '''“A2K”''' movement. Librarians’ organizations, such as eIFL, were pioneers in the advocacy of a “right to knowledge” and have called upon WIPO to establish minimum exceptions and limitations to copyright protection.

One outgrowth of the movement has been a [http://www.cptech.org/a2k/a2k_treaty_may9.pdf proposal for a United Nations treaty]. The proposed treaty intends to “protect and enhance access to knowledge, and to facilitate the transfer of technology to developing countries.” It includes a list of circumstances under which copyright holders may not prevent the free use of their content, including:

* The use of works for purposes of library or archival preservation, or to migrate content to a new format.
* The efforts of libraries, archivists, or educational institutions to make copies of works that are not currently the subject of commercial exploitation, for purposes of preservation, education, or research.
* The use of excerpts, selections, and quotations from copyrighted works for purposes of explanation and illustration in connection with not-for-profit teaching and scholarship.
* The use of copyrighted works by educational institutions as primary instructional materials, if those materials are not made readily available by copyright holders at reasonable prices.

In addition, the proposed treaty would establish a '''First Sale Doctrine''' for '''Library Use''', stating that “a work that has been lawfully acquired by a library may be lent to others without further transaction fees to be paid by the library.” Finally, the A2K treaty proposal introduces provisions in support of distance education, as well as provisions accommodating the rights of persons with disabilities.

Librarians and library patrons aren’t the only parties who could benefit from the A2K treaty. The proposal includes rules protecting '''Internet Service Providers''' from copyright liability, and also mitigates the strict prohibitions on circumvention of encryption contained in several international copyright treaties. Under the proposed treaty, '''nonoriginal''' and '''orphan works''' (those works for which a copyright holder cannot be identified upon reasonable search) would be left in the '''public domain'''. The treaty would also guarantee access to publicly funded research works, government works, and archives of public broadcasting. Finally, the A2K treaty proposal also includes provisions on patent protection, anticompetitive practices, and transfer of technology to developing countries.

Click this link for additional [[information on the A2K Treaty proposal]].
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== [[Image:casestudy.png|50px|]] Back to the Case Study ==

To advise Angela, Nadia should review the lists of the member countries of all of the international agreements discussed in this lesson to ascertain whether their country has joined any. She should then review the terms of any applicable agreements to determine whether they prevent expansion of the rights of teachers and students to use copyrighted materials without permission. That inquiry will likely require Nadia to consider which of the various interpretations of the three-step test is most sensible, and the extent to which that test limits a country's discretion in recognizing exceptions and limitations for educational purposes. That analysis will be difficult and may require Nadia to consult with fellow librarians.

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==[[image:resource.png|50px|]] Additional resources ==

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., International Copyright Law and Practive (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. (It is also [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10440 prohibitively expensive]). Other useful paper treatises include Paul Goldstein, International Copyright: Principles, Law, and Practice (Oxford University Press) and Silke von Lewinski, [http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy] (Oxford University Press 2008).

An online course on International Copyright Law, directed at librarians, may be found at [http://sla.learn.com/learncenter.asp?page=258 http://sla.learn.com/learncenter.asp?page=258], but it is also expensive.

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

As indicated above, an especially important component of most international copyright agreements is the three-step test. The most comprehensive and accessible examination of the history and meaning of that test may be found in P. Bernt Hugenholtz & Ruth L. Okediji, Conceiving an International Instrument on Limitations and Exceptions to Copyright: Final Report,
March 06, 2008, available at http://www.ivir.nl/publicaties/hugenholtz/finalreport2008.pdf. Other good analyses of the three-step test available in print but not online include Martin Senftleben, Copyright, Limitations and the Three-Step Test (Kluwer Law Int'l 2004); and Jane C. Ginsburg, "Toward Supranational Copyright Law? The WTO Panel Decision and the "Three Step Test" for Copyright Exemptions," 187 Revue internationale Du Droit D'Auteur 3, 49 (2001);

A thorough review of the principal exceptions and limitations to copyrights recognized by the main multilateral agreements -- combined with a argument for the clarification and expansion of those exceptions and limitations, emphasizing "the importance of access to creative works for developing countries" -- may be found in Ruth L. Okediji, The International Copyright System: Limitations, Exceptions and Public Interest Considerations for Developing Countries, International Centre for Trade and Sustainable Development and United Nations Conference on Trade and Development, Issue Paper No. 15 (2006), available at http://www.iprsonline.org/unctadictsd/docs/ruth%202405.pdf.

For a WIPO study more skeptical of the value of those exceptions and limitations, see WIPO Standing Committee on Copyright and Related Rights, WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment, 9th Session, June 23-27, 2003, WIPO Doc. SCCR/9/7 (April 5, 2003), available at http://www.wipo.int/edocs/mdocs/copyright/en/sccr_9/sccr_9_7.pdf.

An excellent study of the process of implementing the TRIPS Agreement (including a detailed discussion of the complex processes that led to the revised Bangui Agreement among the OAPI countries) can be found in Carolyn Deere, The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries (Oxford UP 2009). The Introduction, which sketches the argument of the book, is available online at http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=1405224.

For up-to-date information concerning the implementation of the EU Information Society Directive by individual countries, including a good bibliography of scholarly studies of the implementation process, see Instituut voor Infomatierecht (IVIR), [http://www.ivir.nl/files/implementation_2001_29_EC/index_eng.html Report on the Implementation of the Information Society Directive] (2008).

== [[image:question.png|50px|]] Assignment and discussion questions ==

'''[[image:assignment.png|50px|]]Assignment'''

1. Which international treaties governing copyright law has your country signed, ratified, and implemented?

2. If your country is a member of the Berne Convention, may your national legislature set the copyright term to either a) 120 years or b) 25 years? Why or why not?

3. Imagine that your country is a member of the Berne Convention, but not of the WTO. Thus, your country is not bound by TRIPS.
* May your national legislature require foreign copyright holders to register their works with your country in order to receive copyright protection?
* If your legislature ''did'' require registration, could other members of the Berne Convention take action against your country? How would your answer be different if your country were also a member of the WTO?

4. Suppose that the fictional country of Atlantis has recently signed and ratified the WIPO Copyright Treaty. Its national legislature wants to implement the treaty. Atlantis only imports software from other countries and it has never before protected them under copyright law. The legislature believes that it is in the interest of Atlanteans to extend as little copyright protection to computer programs as possible. What provisions of the WTC would allow Atlanteans to freely use computer programs?

5. Do you think that both developed and developing countries should have the same rules for copyright protection? Why or why not?

6. Read article 3-1 of the [http://www.cptech.org/a2k/a2k_treaty_may9.pdf draft text of the A2K treaty].
Comment on the importance of one or two provisions for the missions you perform as a librarian.

'''[[image:discussion.png|50px]]Discussion Question(s)'''

Please read the comments on the A2K treaty proposals that your colleagues provided to question 6, above, and comment on one (or more) of them. You may give more examples based on situations you have faced at work, or projects you could develop.

== Contributors ==

This module was created by [[Contributors#vantsiouri|Petroula Vantsiouri]]. It was then edited by a team including [[Contributors#diaz|Sebastian Diaz]], [[Contributors#fisher|William Fisher]], [[Contributors#gasser|Urs Gasser]], [[Contributors#holland|Adam Holland]], [[Contributors#isbell|Kimberley Isbell]], [[Contributors#maclay|Colin Maclay]], [[Contributors#moshirnia|Andrew Moshirnia]], and [[Contributors#peterson|Chris Peterson]].

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Module 1: Copyright and the Public Domain

2009-09-01T01:53:36Z

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==[[Image:key.png|50px|]] Learning objective ==

This module explores the basic concepts of copyright law. It provides a general introduction to the elements of copyright important to librarians. Other modules will discuss these topics in detail.

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==[[Image:casestudy.png|50px|]]Case study ==

'''“I want to build a course pack for my students, what material may I include?”'''

Angela, a music professor, is visiting her school’s library to collect material to build a course pack for her students. She would like to include excerpts from books, electronic resources and scores. She also wants to post selected music and video clips online with her commentary. Nadia, the librarian, will explain to Angela what she may and may not do under copyright law.

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==[[Image:lesson.png|50px|]] Lesson ==

== What Is Copyright? ==

'''Copyright''' is a legal concept that grants authors and artists control over certain uses of their creations for defined periods of time. It limits who may copy, change, or share those creations.

There are several views on why copyright law should exist. One view is that copyright law encourages creativity by allowing creators to profit from their work. This goal of copyright is reflected in the wording of many copyright laws. For example, the [http://en.wikipedia.org/wiki/Copyright_Clause "Copyright Clause"] of the United States Constitution states that Congress may grant authors copyright protection for their works for a limited time in order to "promote the progress of science and useful arts." (US Constitution, Article 1, Section 8, Clause 8.) Similarly, the stated purpose of the [http://en.wikipedia.org/wiki/Statute_of_anne Statute of Anne], the first copyright statute in England, was to "encourage learning." Another view is that copyright law ensures that authors are paid fairly for their effort. A third view is that a creative work is part of the personality of its creator, and thus should be protected from being used without the creator's permission.

Although copyright law grants authors many rights in their works, it also limits these rights in many important ways. Some of these limitations help librarians add to the free flow of knowledge and culture. Chief among these limitations is the concept of the '''public domain.'''

== What Is The Public Domain? ==

The '''public domain''' is the name given to creative works that are not protected by copyright law -- either because they are no longer covered by the limited terms of copyright law, because their creators did not comply with various formal requirements in the past, or because their creators deliberately donated to the public the rights that they might have asserted. As an illustration, suppose the fictional country of Booktonia has a copyright term of 20 years. If a book was written in 1980, the copyright protection for the book in Booktonia would have ended 20 years later, in 2000. Once the copyright in a work expires, the work is said to "fall into" the public domain. Once a work is in the public domain, the restrictions of copyright law no longer apply, and anyone may copy, reuse, or share the work as they wish.

The public domain functions as a pool of creative material from which anyone may draw. It provides authors the raw materials from which the next generation of books, movies, songs, and knowledge can be built. As the 14th century English poet Chaucer (whose work is now in the public domain) [http://www.poetryintranslation.com/PITBR/English/Fowls.htm wrote], "For out of the old fields, as men say, Comes all this new corn, from year to year; And out of old books, in good faith, Comes all this new science that men learn."

== Who Makes Copyright Law? ==

Several [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework international treaties] set standards that all participating countries must follow when adopting or changing their copyright laws. However, within those limits, each nation sets its own laws. Those laws determine who can acquire a copyright, what rights the copyright holder enjoys, and how long the copyright lasts. As a result, copyright law varies significantly from one country to another.

Who makes copyright law in a country often depends on what legal system that country has. In '''common law''' countries, courts are very powerful and have considerable control over what the law means. In '''civil law''' countries, courts tend to defer to the legislature. In other countries, '''religious legal systems''' also affect copyright rules. A discussion of the three main types of legal system, as well as lists of the legal systems of different countries may be found [http://en.wikipedia.org/wiki/Legal_systems_of_the_world here].

No matter what the legal system, however, copyright law is constantly chanigng to meet new creative, technological, and social challenges. Often those changes are driven by interest groups who seek to benefit their members. Librarians' groups have often played important roles in the shaping of copyright law in the past -- and could play even more important roles in the future.

== What Does Copyright Law Cover? ==

Copyright law generally covers all “original works of authorship.” Such original works come in many forms. For example, in almost all countries, all of the following are protected by copyright law:

* literary works (books, articles, letters, etc.);
* musical works;
* dramatic works (operas, plays);
* graphic arts (photographs, sculptures, paintings, etc.);
* motion pictures and audiovisual works (movies, videos, television programs, etc.);
* architectural works; and
* computer software.

In some countries, sound recordings are also covered by copyright law; in other countries, sound recordings are protected by a separate, related set of rules known as “neighboring rights.” In some countries, government works – such as maps, official reports, and judicial opinions – are protected by copyright law; in others, they are considered part of the public domain.

It is important to remember that '''copyright never applies to ideas or facts.''' It only covers '''“original expression”''' – in other words, the distinctive way in which ideas are conveyed. So, for example, the information contained in a science textbook is not protected by copyright law. You are free, after reading a textbook, to write and publish a new book conveying the same information in different words. Similarly, you are free, after reading a work of history, to write a novel incorporating the historical facts.

Most countries require the original expression to be fixed in a '''tangible medium''', like paper or a digital recording format, in order to be protected by copyright law. In those countries, improvisational performances – for example, of jazz or dance – are not protected unless their authors record them.

In general, the author of a work receives copyright protection as soon as the work has been fixed – for example, through writing, painting, or audio recording. Copyright does not protect a work until it is fixed. For this reason, a screenplay that exists only in the screenwriter’s mind or the plot of a novel that the novelist explains orally to a potential publisher are not protected. But once '''fixation''' occurs – even of a rough, preliminary draft – that version of the work becomes protected, even if it has not yet been published or even made public. So, for example, private letters, diaries, and email messages are all protected by copyright law.

Some countries used to require published works to be registered with a central office or to carry a copyright notice with the name of the author and the year of publication in order to be protected by copyright. Such '''formalities''' are no longer necessary for a work to be covered by copyright. However, registering a copyright may help prove authorship or identify who must be contacted before a work can be reused. In some countries, registration of a work is necessary before the author is permitted to sue someone for copyright infringement. In addition, some countries continue to require publishers to deposit one copy of every new work in a designated office, such as a national library.

== Who Gets A Copyright? ==

A copyright is ordinarily obtained by the creator of a work. If you write a novel, paint a painting, or compose a song, you will generally acquire the copyright in your creation.

The situation is more complicated if you are an employee creating the work as part of your employment. Countries vary a great deal in how they deal with such situations. Typically, in countries that follow the common law tradition, the copyright in a work prepared by an employee goes to the employer. By contrast, in countries that follow the civil law tradition, the copyright typically goes to the employee. However, in civil-law countries, employment contracts or even copyright law often give employers rights over their employees’ creations similar (though not identical) to the copyrights enjoyed by employers in common-law countries. Finally, in the United States and some other countries, when certain limited types of works are created by an independent contractor, the copyright will be granted to the one who commissioned the work.

== What Rights Come With Copyright? ==

The rights created by copyright law fall into two categories: economic rights and moral rights.

'''Economic rights''' are intended to give authors the opportunity to use their works to make money. These are things that typically only the owner of the copyright may do unless the owner grants permission to others. (Important exceptions to the requirement to obtain the copyright holder's permission, such as fair use and compulsory licenses, are discussed below.) The primary economic rights are:

* the right to reproduce the work – in other words, to make copies of it;
* the right to create derivative works - such as translations, abridgments, or adaptations;
* the right to distribute the work – for example, by selling or renting copies of it;
* the right to perform or display the work publicly.

'''Moral rights''' are designed to protect authors’ noneconomic interests in their creations. Moral rights do not exist in all countries. Generally speaking, they are recognized more widely and are enforced more firmly in civil-law countries than in common-law countries. The primary moral rights are:

* the right of integrity – for example, the right to prevent the destruction or defacement of a painting or sculpture;
* the right of attribution – in other words, the right to be given appropriate credit for one’s creations, and not to be blamed for things one did not create;
* the right of disclosure – the right to determine when and if a work shall be made public;
* the right of withdrawal – the right to remove from public circulation copies of a work one has come to regret.

'''Neighboring rights''', sometimes called related rights, are close cousins of copyright. They are economic rights granted to persons who are not authors of a work but who contribute to its creation. They may include performers, producers, and broadcasting associations.

Some countries also have privacy and publicity rights that complement copyright. For example, some countries prevent the public distribution of works that contain personally identifiable information, unless permission is granted by that person.

== The Limits of Copyright ==

The rights described above are subject to important limitations. First, as mentioned above, many older books, articles, recordings, and other works are part of the '''public domain.''' These materials may be used by anyone for any purpose. Unfortunately, it is not always easy to figure out when a particular work has fallen into the public domain. [http://en.wikipedia.org/wiki/Wikipedia:Copyright_situations_by_country This directory] contains some helpful information on how long the term of copyright lasts in different countries around the world. It also has useful tips on when a work enters the public domain. Sometimes, authors or artists will dedicate their work to the public domain, much like a landholder will sometimes donate property to a town so it may become a park. In these instances, the work becomes free to use immediately.

In addition, the copyright laws of every country include '''exceptions and limitations''' to copyright. These identify specific activities that users can do without fear of violating copyright. Examples include quoting short passages of literary works for the purposes of criticism; photocopying for archival purposes by libraries; and converting works into formats accessible by handicapped persons. Other exceptions are broader and less well defined, such as the '''fair-use doctrine''' of the United States and a few other countries.

Finally, most countries have '''compulsory licensing''' systems for certain types of works. Under a compulsory licensing system, copyright holders are required to permit certain uses of their works as long as the user pays a fee set by a government agency. Such regimes are becoming increasingly common.

== Copyright Licenses ==

If none of these exceptions or limitations apply, it may still be possible to make use of a copyrighted work. In order to do so, the user must obtain a '''license''' from the copyright holder that gives the user permission to use the content in a particular way. The copyright holder may demand a fee for such use, or may allow the use for free. The license should be specific and in writing in order to avoid confusion.

It is not always necessary to contact the copyright holder directly to obtain a license to use their works. Many countries have '''collecting societies''' that act as agents for large numbers of copyright holders, for instance by negotiating "blanket licenses" with radio or television stations that want to use their members' works. One collecting society that many librarians are familiar with is the Copyright Clearance Center, which provides blanket annual licenses for the use of its members' content.

In addition, the '''Creative Commons''' standard also allows authors or artists to create general licenses in advance and thus facilitate reuse of their works by third parties. For example, an author might license his book under a Creative Commons BY-NC license. "BY" means that the work should be attributed to the author; "NC" means the work can only be used for noncommercial purposes. Should these two conditions be met, the work can be reused freely.

<div style="border: 1px solid #ffcc01; padding: .5em 1em; background-color:#ffffff; margin: 3px 3px 1em 3px;">

==[[Image:casestudy.png|50px|]] Back to the case study ==

Nadia (the librarian) should help Angela (the professor) organize the set of materials she has gathered by asking a series of questions:

* Are any of the materials in the public domain?
* Are any of the remaining materials licensed under a Creative Commons license or a similar set of terms that allow their use?
* Are any of the remaining materials freed for use by a statutory exception, such as fair use?
* Does the library already own a license to use the materials in the way Angela proposes?

If the materials are in the public domain, are licensed freely under a Creative Commons license, are covered by a statutory exemption, or are included in existing licenses, they may be used. If not, Angela will need to obtain permission from the copyright holder or a collective rights organization.
</div>

==[[image:resource.png|50px|]] Additional resources ==

“A Fair(y) Use Tale” is a 2008 short movie on copyright and fair use in the US.
According to the synopsis, “professor Eric Faden of Bucknell University created this humorous, yet informative, review of copyright principles delivered through the words of the very folks we can thank for nearly endless copyright terms”.
http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries]

Carol C. Henderson, “Libraries as Creatures of Copyright: Why Librarians Care about Intellectual Property Law and Policy,” 1998.
The former Executive Director of the Washington Office American Library Association explains which role librarians may play to maintain copyright balance.
http://www.acrl.org/ala/aboutala/offices/wo/woissues/copyrightb/copyrightarticle/librariescreatures.cfm

A debate between Professors William Fisher and Justin Hughes, organized in May 2009 by the Economist magazine, concerning the merits and demerits of the copyright system may be found on the [http://www.economist.com/debate/overview/144 Economist's website].

The documentaries, [http://www.stealthisfilm.com/Part1/ Steal This Film Part I] (2006) and [http://www.stealthisfilm.com/Part2/ Steal This Film Part II] (2007), produced by The League of Noble Peers, offer entertaining and highly critical views of the recent trend toward strengthening the rights of copyright owners, particularly with respect to the unauthorized sharing of music and movies.

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [Center for Advanced Study & Research on
Intellectual Property Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete, but already constitutes a highly valuable research tool, particularly for Asian countries.

A [http://www.librarycopyright.net/digitalslider/ helpful guide to determining which works have fallen into the public domain in the United States] has been provided by Michael Brewer and the American Library Association Office for Information Technology Policy:

[http://www.youtube.com/watch?v=ZblrRs3fkSU A Librarian's 2.0 Manifesto] offers a provocative conception of the responsibilities of librarians, particularly in an environment characterized by rapid technological change.

== [[image:question.png|50px|]] Assignment and discussion questions ==

'''[[image:assignment.png|50px|]]Assignment'''

Answer one of the following questions:

1. Explain briefly what copyright law attempts to protect as well as what freedoms are reserved for or available to the public.

2. Which (if any) of the justifications for copyright law make sense to you?

3. Are the restrictions that copyright law places on librarians too strict or too loose?

'''[[image:discussion.png|50px]]Discussion Question(s)'''

Select one of the answers that your colleagues provided to the Assignment questions, and comment on it. Explain why you agree or disagree. Do not hesitate to give examples you have faced as an author, as a member of the public, or as a librarian.

== Contributors ==

This module was created by [[Contributors#rosnay|Melanie Dulong de Rosnay]]. It was then edited by a team including [[Contributors#diaz|Sebastian Diaz]], [[Contributors#fisher|William Fisher]], [[Contributors#gasser|Urs Gasser]], [[Contributors#holland|Adam Holland]], [[Contributors#isbell|Kimberley Isbell]], [[Contributors#maclay|Colin Maclay]], [[Contributors#moshirnia|Andrew Moshirnia]], and [[Contributors#peterson|Chris Peterson]].

{{NavFooter}}

Module 1: Copyright and the Public Domain

2009-09-01T01:52:31Z

Hollandof: /* 50px| Additional resources */

[[Image:blocks.png|50px|]]

==[[Image:key.png|50px|]] Learning objective ==

This module explores the basic concepts of copyright law. It provides a general introduction to the elements of copyright important to librarians. Other modules will discuss these topics in detail.

<div style="border: 1px solid #ffcc01; padding: .5em 1em; background-color:#ffffff; margin: 3px 3px 1em 3px;">

==[[Image:casestudy.png|50px|]]Case study ==

'''“I want to build a course pack for my students, what material may I include?”'''

Angela, a music professor, is visiting her school’s library to collect material to build a course pack for her students. She would like to include excerpts from books, electronic resources and scores. She also wants to post selected music and video clips online with her commentary. Nadia, the librarian, will explain to Angela what she may and may not do under copyright law.

</div>

==[[Image:lesson.png|50px|]] Lesson ==

== What Is Copyright? ==

'''Copyright''' is a legal concept that grants authors and artists control over certain uses of their creations for defined periods of time. It limits who may copy, change, or share those creations.

There are several views on why copyright law should exist. One view is that copyright law encourages creativity by allowing creators to profit from their work. This goal of copyright is reflected in the wording of many copyright laws. For example, the [http://en.wikipedia.org/wiki/Copyright_Clause "Copyright Clause"] of the United States Constitution states that Congress may grant authors copyright protection for their works for a limited time in order to "promote the progress of science and useful arts." (US Constitution, Article 1, Section 8, Clause 8.) Similarly, the stated purpose of the [http://en.wikipedia.org/wiki/Statute_of_anne Statute of Anne], the first copyright statute in England, was to "encourage learning." Another view is that copyright law ensures that authors are paid fairly for their effort. A third view is that a creative work is part of the personality of its creator, and thus should be protected from being used without the creator's permission.

Although copyright law grants authors many rights in their works, it also limits these rights in many important ways. Some of these limitations help librarians add to the free flow of knowledge and culture. Chief among these limitations is the concept of the '''public domain.'''

== What Is The Public Domain? ==

The '''public domain''' is the name given to creative works that are not protected by copyright law -- either because they are no longer covered by the limited terms of copyright law, because their creators did not comply with various formal requirements in the past, or because their creators deliberately donated to the public the rights that they might have asserted. As an illustration, suppose the fictional country of Booktonia has a copyright term of 20 years. If a book was written in 1980, the copyright protection for the book in Booktonia would have ended 20 years later, in 2000. Once the copyright in a work expires, the work is said to "fall into" the public domain. Once a work is in the public domain, the restrictions of copyright law no longer apply, and anyone may copy, reuse, or share the work as they wish.

The public domain functions as a pool of creative material from which anyone may draw. It provides authors the raw materials from which the next generation of books, movies, songs, and knowledge can be built. As the 14th century English poet Chaucer (whose work is now in the public domain) [http://www.poetryintranslation.com/PITBR/English/Fowls.htm wrote], "For out of the old fields, as men say, Comes all this new corn, from year to year; And out of old books, in good faith, Comes all this new science that men learn."

== Who Makes Copyright Law? ==

Several [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_international_framework international treaties] set standards that all participating countries must follow when adopting or changing their copyright laws. However, within those limits, each nation sets its own laws. Those laws determine who can acquire a copyright, what rights the copyright holder enjoys, and how long the copyright lasts. As a result, copyright law varies significantly from one country to another.

Who makes copyright law in a country often depends on what legal system that country has. In '''common law''' countries, courts are very powerful and have considerable control over what the law means. In '''civil law''' countries, courts tend to defer to the legislature. In other countries, '''religious legal systems''' also affect copyright rules. A discussion of the three main types of legal system, as well as lists of the legal systems of different countries may be found [http://en.wikipedia.org/wiki/Legal_systems_of_the_world here].

No matter what the legal system, however, copyright law is constantly chanigng to meet new creative, technological, and social challenges. Often those changes are driven by interest groups who seek to benefit their members. Librarians' groups have often played important roles in the shaping of copyright law in the past -- and could play even more important roles in the future.

== What Does Copyright Law Cover? ==

Copyright law generally covers all “original works of authorship.” Such original works come in many forms. For example, in almost all countries, all of the following are protected by copyright law:

* literary works (books, articles, letters, etc.);
* musical works;
* dramatic works (operas, plays);
* graphic arts (photographs, sculptures, paintings, etc.);
* motion pictures and audiovisual works (movies, videos, television programs, etc.);
* architectural works; and
* computer software.

In some countries, sound recordings are also covered by copyright law; in other countries, sound recordings are protected by a separate, related set of rules known as “neighboring rights.” In some countries, government works – such as maps, official reports, and judicial opinions – are protected by copyright law; in others, they are considered part of the public domain.

It is important to remember that '''copyright never applies to ideas or facts.''' It only covers '''“original expression”''' – in other words, the distinctive way in which ideas are conveyed. So, for example, the information contained in a science textbook is not protected by copyright law. You are free, after reading a textbook, to write and publish a new book conveying the same information in different words. Similarly, you are free, after reading a work of history, to write a novel incorporating the historical facts.

Most countries require the original expression to be fixed in a '''tangible medium''', like paper or a digital recording format, in order to be protected by copyright law. In those countries, improvisational performances – for example, of jazz or dance – are not protected unless their authors record them.

In general, the author of a work receives copyright protection as soon as the work has been fixed – for example, through writing, painting, or audio recording. Copyright does not protect a work until it is fixed. For this reason, a screenplay that exists only in the screenwriter’s mind or the plot of a novel that the novelist explains orally to a potential publisher are not protected. But once '''fixation''' occurs – even of a rough, preliminary draft – that version of the work becomes protected, even if it has not yet been published or even made public. So, for example, private letters, diaries, and email messages are all protected by copyright law.

Some countries used to require published works to be registered with a central office or to carry a copyright notice with the name of the author and the year of publication in order to be protected by copyright. Such '''formalities''' are no longer necessary for a work to be covered by copyright. However, registering a copyright may help prove authorship or identify who must be contacted before a work can be reused. In some countries, registration of a work is necessary before the author is permitted to sue someone for copyright infringement. In addition, some countries continue to require publishers to deposit one copy of every new work in a designated office, such as a national library.

== Who Gets A Copyright? ==

A copyright is ordinarily obtained by the creator of a work. If you write a novel, paint a painting, or compose a song, you will generally acquire the copyright in your creation.

The situation is more complicated if you are an employee creating the work as part of your employment. Countries vary a great deal in how they deal with such situations. Typically, in countries that follow the common law tradition, the copyright in a work prepared by an employee goes to the employer. By contrast, in countries that follow the civil law tradition, the copyright typically goes to the employee. However, in civil-law countries, employment contracts or even copyright law often give employers rights over their employees’ creations similar (though not identical) to the copyrights enjoyed by employers in common-law countries. Finally, in the United States and some other countries, when certain limited types of works are created by an independent contractor, the copyright will be granted to the one who commissioned the work.

== What Rights Come With Copyright? ==

The rights created by copyright law fall into two categories: economic rights and moral rights.

'''Economic rights''' are intended to give authors the opportunity to use their works to make money. These are things that typically only the owner of the copyright may do unless the owner grants permission to others. (Important exceptions to the requirement to obtain the copyright holder's permission, such as fair use and compulsory licenses, are discussed below.) The primary economic rights are:

* the right to reproduce the work – in other words, to make copies of it;
* the right to create derivative works - such as translations, abridgments, or adaptations;
* the right to distribute the work – for example, by selling or renting copies of it;
* the right to perform or display the work publicly.

'''Moral rights''' are designed to protect authors’ noneconomic interests in their creations. Moral rights do not exist in all countries. Generally speaking, they are recognized more widely and are enforced more firmly in civil-law countries than in common-law countries. The primary moral rights are:

* the right of integrity – for example, the right to prevent the destruction or defacement of a painting or sculpture;
* the right of attribution – in other words, the right to be given appropriate credit for one’s creations, and not to be blamed for things one did not create;
* the right of disclosure – the right to determine when and if a work shall be made public;
* the right of withdrawal – the right to remove from public circulation copies of a work one has come to regret.

'''Neighboring rights''', sometimes called related rights, are close cousins of copyright. They are economic rights granted to persons who are not authors of a work but who contribute to its creation. They may include performers, producers, and broadcasting associations.

Some countries also have privacy and publicity rights that complement copyright. For example, some countries prevent the public distribution of works that contain personally identifiable information, unless permission is granted by that person.

== The Limits of Copyright ==

The rights described above are subject to important limitations. First, as mentioned above, many older books, articles, recordings, and other works are part of the '''public domain.''' These materials may be used by anyone for any purpose. Unfortunately, it is not always easy to figure out when a particular work has fallen into the public domain. [http://en.wikipedia.org/wiki/Wikipedia:Copyright_situations_by_country This directory] contains some helpful information on how long the term of copyright lasts in different countries around the world. It also has useful tips on when a work enters the public domain. Sometimes, authors or artists will dedicate their work to the public domain, much like a landholder will sometimes donate property to a town so it may become a park. In these instances, the work becomes free to use immediately.

In addition, the copyright laws of every country include '''exceptions and limitations''' to copyright. These identify specific activities that users can do without fear of violating copyright. Examples include quoting short passages of literary works for the purposes of criticism; photocopying for archival purposes by libraries; and converting works into formats accessible by handicapped persons. Other exceptions are broader and less well defined, such as the '''fair-use doctrine''' of the United States and a few other countries.

Finally, most countries have '''compulsory licensing''' systems for certain types of works. Under a compulsory licensing system, copyright holders are required to permit certain uses of their works as long as the user pays a fee set by a government agency. Such regimes are becoming increasingly common.

== Copyright Licenses ==

If none of these exceptions or limitations apply, it may still be possible to make use of a copyrighted work. In order to do so, the user must obtain a '''license''' from the copyright holder that gives the user permission to use the content in a particular way. The copyright holder may demand a fee for such use, or may allow the use for free. The license should be specific and in writing in order to avoid confusion.

It is not always necessary to contact the copyright holder directly to obtain a license to use their works. Many countries have '''collecting societies''' that act as agents for large numbers of copyright holders, for instance by negotiating "blanket licenses" with radio or television stations that want to use their members' works. One collecting society that many librarians are familiar with is the Copyright Clearance Center, which provides blanket annual licenses for the use of its members' content.

In addition, the '''Creative Commons''' standard also allows authors or artists to create general licenses in advance and thus facilitate reuse of their works by third parties. For example, an author might license his book under a Creative Commons BY-NC license. "BY" means that the work should be attributed to the author; "NC" means the work can only be used for noncommercial purposes. Should these two conditions be met, the work can be reused freely.

<div style="border: 1px solid #ffcc01; padding: .5em 1em; background-color:#ffffff; margin: 3px 3px 1em 3px;">

==[[Image:casestudy.png|50px|]] Back to the case study ==

Nadia (the librarian) should help Angela (the professor) organize the set of materials she has gathered by asking a series of questions:

* Are any of the materials in the public domain?
* Are any of the remaining materials licensed under a Creative Commons license or a similar set of terms that allow their use?
* Are any of the remaining materials freed for use by a statutory exception, such as fair use?
* Does the library already own a license to use the materials in the way Angela proposes?

If the materials are in the public domain, are licensed freely under a Creative Commons license, are covered by a statutory exemption, or are included in existing licenses, they may be used. If not, Angela will need to obtain permission from the copyright holder or a collective rights organization.
</div>

==[[image:resource.png|50px|]] Additional resources ==

“A Fair(y) Use Tale” is a 2008 short movie on copyright and fair use in the US.
According to the synopsis, “professor Eric Faden of Bucknell University created this humorous, yet informative, review of copyright principles delivered through the words of the very folks we can thank for nearly endless copyright terms”.
http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries]

Carol C. Henderson, “Libraries as Creatures of Copyright: Why Librarians Care about Intellectual Property Law and Policy,” 1998.
The former Executive Director of the Washington Office American Library Association explains which role librarians may play to maintain copyright balance.
http://www.acrl.org/ala/aboutala/offices/wo/woissues/copyrightb/copyrightarticle/librariescreatures.cfm

A debate between Professors William Fisher and Justin Hughes, organized in May 2009 by the Economist magazine, concerning the merits and demerits of the copyright system may be found on the [http://www.economist.com/debate/overview/144 Economist's website].

The documentaries, [http://www.stealthisfilm.com/Part1/ Steal This Film Part I] (2006) and [http://www.stealthisfilm.com/Part2/ Steal This Film Part II] (2007), produced by The League of Noble Peers, offer entertaining and highly critical views of the recent trend toward strengthening the rights of copyright owners, particularly with respect to the unauthorized sharing of music and movies.

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [Center for Advanced Study & Research on
Intellectual Property Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete, but already constitutes a highly valuable research tool, particularly for Asian countries.

A [http://www.librarycopyright.net/digitalslider/helpful guide to determining which works have fallen into the public domain in the United States] has been provided by Michael Brewer and the American Library Association Office for Information Technology Policy:

[http://www.youtube.com/watch?v=ZblrRs3fkSU A Librarian's 2.0 Manifesto] offers a provocative conception of the responsibilities of librarians, particularly in an environment characterized by rapid technological change.

== [[image:question.png|50px|]] Assignment and discussion questions ==

'''[[image:assignment.png|50px|]]Assignment'''

Answer one of the following questions:

1. Explain briefly what copyright law attempts to protect as well as what freedoms are reserved for or available to the public.

2. Which (if any) of the justifications for copyright law make sense to you?

3. Are the restrictions that copyright law places on librarians too strict or too loose?

'''[[image:discussion.png|50px]]Discussion Question(s)'''

Select one of the answers that your colleagues provided to the Assignment questions, and comment on it. Explain why you agree or disagree. Do not hesitate to give examples you have faced as an author, as a member of the public, or as a librarian.

== Contributors ==

This module was created by [[Contributors#rosnay|Melanie Dulong de Rosnay]]. It was then edited by a team including [[Contributors#diaz|Sebastian Diaz]], [[Contributors#fisher|William Fisher]], [[Contributors#gasser|Urs Gasser]], [[Contributors#holland|Adam Holland]], [[Contributors#isbell|Kimberley Isbell]], [[Contributors#maclay|Colin Maclay]], [[Contributors#moshirnia|Andrew Moshirnia]], and [[Contributors#peterson|Chris Peterson]].

{{NavFooter}}

Introduction

2009-09-01T01:47:01Z

Hollandof: /* How to Use this Course */

__TOC__

===How to Use this Course===

These course materials are designed primarily for librarians in developing and transitional countries. Others are free to consult the materials for any purpose, but the curriculum is aimed primarily at the audience of librarians.

The course materials may be used in three different ways. First, they can provide the basis for a self-taught course. A librarian can read the modules in sequence or focus on the modules that address issues that interest him or her.

Second, the course materials can be used in a traditional classroom-based course. In such a setting, the instructor will determine the pace at which the materials are read and will select topics for discussion. The instructor may find useful the Assignments we have included in the modules, but will likely pose additional questions as well.

Third and finally, the materials can be used in a distance-learning course. An instructor will guide the inquiry, but the librarians taking the course will participate remotely through their computers. To assist the instructors in such settings, we have included a discussion tool, originally developed at the Berkman Center, known as the Rotisserie. A manual explaining to instructors how they might use the Rotisserie is available [http://cyber.law.harvard.edu/copyrightforlibrarians/How_to_prepare_a_Rotisserie_session here]. Instructions explaining to students how to sign up for and use the Rotisserie are available [http://cyber.law.harvard.edu/copyrightforlibrarians/Information_about_the_Rotisserie_Session here]. This system can be used to facilitate conversations among the students concerning the Assignments we have included in each module. Alternatively, an instructor could identify different questions for discussion.

===Disclaimer===

This course does not offer legal advice. It provides general information concerning the principles that underlie the copyright system, and it indicates how various concrete problems are resolved in most countries. It cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described in these materials, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Course===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. Finally, librarians are strongly encouraged to let us know how the issues addressed in the modules are handled in their home countries; we will try to include that information in future versions.

You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the module page to which your suggestion is relevant. Second, you can simply email us at [mailto:cfl-feedback@cyber.law.harvard.edu cfl-feedback@cyber.law.harvard.edu].

We look forward to your contributions.

The Berkman team

{{NavFooter}}

Additional resources draft

2009-09-01T01:45:33Z

Hollandof: /* Other Copyright-related Resources */

Additional resources draft

2009-09-01T01:42:14Z

Hollandof: /* Other Copyright-related Resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [http://www.asianlii.org/cn/legis/cen/laws/rftioict707/ Laws of the People's Republic of China: "REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES"]
* [http://www.accesscopyright.ca/ The Canadian Copyright Licensing Agency]
* [http://www.copyright.com/ The Copyright Clearance Center (US)]
* [http://www.gesac.org/eng/gesac/default.htm European Grouping of Societies of Authors and Composers]
* [http://www.cepic.org/ The Coordination of European Picture Agencies Press Stock Heritage]
* [http://www.sweden.gov.se/sb/d/2707/a/15195 Swedish Copyright Legislation]
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf Swedish ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS]
* [http://en.wikipedia.org/wiki/Japanese_copyright_law wikipedia entry on Japanese Copyright Law]
* [http://www.iusmentis.com/copyright/crashcourse/requirements/ IusMentis.com Copyright page (Dutch)]
* [http://www.bmi.com/licensing/entry/533606 Broadcast Music Inc. ( BMI) homepage. (a licensing organization)]
* [http://www.softwareprotection.com/copyright.htm Article on copyright protection for software]
* [http://stason.org/TULARC/business/copyright/index.html Stason.org Copyright law FAW ( US-centric)]
* [http://www.lawcase.org/archives/node/64 Chinese Business Law "A Brief Introduction of Intellectual Property Protection in China"]
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/ Copyright Toolbox(UK)]
* [http://www.teachingcopyright.org/ Teaching Copyright]
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/ David Weinberger liveblogs Kenneth Crews on academic copyright]
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm Solarnavigator.net FAIR USE and USA COPYRIGHT LAW]
* [http://www.megalaw.com/top/copyright.php Megalaw.com Copyright Law Center]
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm A review of Neil Netanel's 'Copyright's Paradox']
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886)]
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm Article "TRIPS - NO TO NORM SETTING OR GATT ENFORCEABILITY."]
* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright” By Professor P. Bernt Hugenholtz and Professor Ruth L. Okediji (This document has also been translated into Arabic by the [http://www.bibalex.org/English/Publication/Publications.aspx Bibliotheca Alexandrina A2K Project.)]
* [http://www.copyright.gmu.edu/mmplagarism.ppt Powerpoint slideshow on copyright law (plagiarism lens)]
* [http://www.elaineenglish.com/articles.html Article on Google Book Search Settlement "GOOGLE LEMONADE: IS IT GOOD FOR YOU?"]
* [http://www.youtube.com/watch?v=12oERg1-tRI Video of Canadian authors on copyright law reform]
* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored]
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand APAA meeting Adelaide, November 2007 Anton Blijlevens, Partner, AJ Park]
* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]
* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T01:36:39Z

Hollandof: /* Other Copyright-related Resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [http://www.asianlii.org/cn/legis/cen/laws/rftioict707/ Laws of the People's Republic of China: "REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES"]
* [http://www.accesscopyright.ca/ The Canadian Copyright Licensing Agency]
* [http://www.copyright.com/ The Copyright Clearance Center (US)]
* [http://www.gesac.org/eng/gesac/default.htm European Grouping of Societies of Authors and Composers]
* [http://www.cepic.org/ The Coordination of European Picture Agencies Press Stock Heritage]
* [http://www.sweden.gov.se/sb/d/2707/a/15195 Swedish Copyright Legislation]
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf Swedish ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS]
* [http://en.wikipedia.org/wiki/Japanese_copyright_law wikipedia entry on Japanese Copyright Law]
* [http://www.iusmentis.com/copyright/crashcourse/requirements/ IusMentis.com Copyright page (Dutch)]
* [http://www.bmi.com/licensing/entry/533606 Broadcast Music Inc. ( BMI) homepage. (a licensing organization)]
* [http://www.softwareprotection.com/copyright.htm Article on copyright protection for software]
* [http://stason.org/TULARC/business/copyright/index.html Stason.org Copyright law FAW ( US-centric)]
* [http://www.lawcase.org/archives/node/64 Chinese Business Law "A Brief Introduction of Intellectual Property Protection in China"]
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/ Copyright Toolbox(UK)]
* [http://www.teachingcopyright.org/ Teaching Copyright]
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/ David Weinberger liveblogs Kenneth Crews on academic copyright]
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm Solarnavigator.net FAIR USE and USA COPYRIGHT LAW]
* [http://www.megalaw.com/top/copyright.php Megalaw.com Copyright Law Center]
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm A review of Neil Netanel's 'Copyright's Paradox']
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886)]
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm Article "TRIPS - NO TO NORM SETTING OR GATT ENFORCEABILITY."]
* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright” By Professor P. Bernt Hugenholtz and Professor Ruth L. Okediji (This document has also been translated into Arabic by the [http://www.bibalex.org/English/Publication/Publications.aspx Bibliotheca Alexandrina A2K Project.)]
* [http://www.copyright.gmu.edu/mmplagarism.ppt Powerpoint slideshow on copyright law (plagiarism lens)]
* [http://www.elaineenglish.com/articles.html Article on Google Book Search Settlement]
* [http://www.youtube.com/watch?v=12oERg1-tRI Video of Canadian authors on copyright law reform]
* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored]
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand APAA meeting Adelaide, November 2007 Anton Blijlevens, Partner, AJ Park]
* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]
* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T01:34:57Z

Hollandof: /* Other Copyright-related Resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [http://www.asianlii.org/cn/legis/cen/laws/rftioict707/ Laws of the People's Republic of China: "REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES"]
* [http://www.accesscopyright.ca/ The Canadian Copyright Licensing Agency]
* [http://www.copyright.com/ The Copyright Clearance Center (US)]
* [http://www.gesac.org/eng/gesac/default.htm European Grouping of Societies of Authors and Composers]
* [http://www.cepic.org/ The Coordination of European Picture Agencies Press Stock Heritage]
* [http://www.sweden.gov.se/sb/d/2707/a/15195 Swedish Copyright Legislation]
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf Swedish ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS]
* [http://en.wikipedia.org/wiki/Japanese_copyright_law wikipedia entry on Japanese Copyright Law]
* [http://www.iusmentis.com/copyright/crashcourse/requirements/ IusMentis.com Copyright page (Dutch)]
* [http://www.bmi.com/licensing/entry/533606 Broadcast Music Inc. ( BMI) homepage. (a licensing organization)]
* [http://www.softwareprotection.com/copyright.htm Article on copyright protection for software]
* [http://stason.org/TULARC/business/copyright/index.html Stason.org Copyright law FAW ( US-centric)]
* [http://www.lawcase.org/archives/node/64 Chinese Business Law "A Brief Introduction of Intellectual Property Protection in China"]
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/ Copyright Toolbox(UK)]
* [http://www.teachingcopyright.org/ Teaching Copyright]
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/ David Weinberger liveblogs Kenneth Crews on academic copyright]
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm Solarnavigator.net FAIR USE and USA COPYRIGHT LAW]
* [http://www.megalaw.com/top/copyright.php Megalaw.com Copyright Law Center]
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm A review of Neil Netanel's 'Copyright's Paradox']
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886)]
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm Article "TRIPS - NO TO NORM SETTING OR GATT ENFORCEABILITY."]
* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright” By Professor P. Bernt Hugenholtz and Professor Ruth L. Okediji]

This document was translated into Arabic by the [http://www.bibalex.org/English/Publication/Publications.aspx Bibliotheca Alexandrina A2K Project.]

* [copyright.gmu.edu/mmplagarism.ppt Powerpoint slideshow on copyright law (plagiarism lens)]
* [http://www.elaineenglish.com/articles.html Article on Google Book Search Settlement]
* [http://www.youtube.com/watch?v=12oERg1-tRI Video of Canadian authors on copyright law reform]
* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored]
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting Adelaide, November 2007 Anton Blijlevens, Partner, AJ Park]
* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]
* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T01:14:30Z

Hollandof: /* Other Copyright-related Resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [http://www.asianlii.org/cn/legis/cen/laws/rftioict707/ Laws of the People's Republic of China: "REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES"]
* [http://www.accesscopyright.ca/ The Canadian Copyright Licensing Agency]
* [http://www.copyright.com/ The Copyright Clearance Center (US)]
* [http://www.gesac.org/eng/gesac/default.htm European Grouping of Societies of Authors and Composers]
* [http://www.cepic.org/ The Coordination of European Picture Agencies Press Stock Heritage]
* [http://www.sweden.gov.se/sb/d/2707/a/15195 Swedish Copyright Legislation]
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf Swedish ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS]
* [http://en.wikipedia.org/wiki/Japanese_copyright_law wikipedia entry on Japanese Copyright Law]
* [http://www.iusmentis.com/copyright/crashcourse/requirements/ IusMentis.com Copyright page (Dutch)]
* [http://www.bmi.com/licensing/entry/533606 Broadcast Music Inc. ( BMI) homepage. (a licensing organization)]
* [http://www.softwareprotection.com/copyright.htm Article on copyright protection for software]
* [http://stason.org/TULARC/business/copyright/index.html Stason.org Copyright law FAW ( US-centric)]
* [http://www.lawcase.org/archives/node/64 Chinese Business Law "A Brief Introduction of Intellectual Property Protection in China"]
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/ Copyright Toolbox(UK)]
* [http://www.teachingcopyright.org/ Teaching Copyright]
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/ David Weinberger liveblogs Kenneth Crews on academic copyright]
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm Solarnavigator.net FAIR USE and USA COPYRIGHT LAW]
* [http://www.megalaw.com/top/copyright.php Megalaw.com Copyright Law Center]
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm A review of Neil Netanel's 'Copyright's Paradox']
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886)]
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm Article "TRIPS - NO TO NORM SETTING OR GATT ENFORCEABILITY."]
* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T01:08:33Z

Hollandof: /* Other Copyright-related Resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [http://www.asianlii.org/cn/legis/cen/laws/rftioict707/ Laws of the People's Republic of China: "REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES"]
* [http://www.accesscopyright.ca/ The Canadian Copyright Licensing Agency]
* [http://www.copyright.com/ The Copyright Clearance Center (US)]
* [http://www.gesac.org/eng/gesac/default.htm European Grouping of Societies of Authors and Composers]
* [http://www.cepic.org/ The Coordination of European Picture Agencies Press Stock Heritage]
* [http://www.sweden.gov.se/sb/d/2707/a/15195 Swedish Copyright Legislation]
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf Swedish ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS]
* [http://en.wikipedia.org/wiki/Japanese_copyright_law wikipedia entry on Japanese Copyright Law]
* [http://www.iusmentis.com/copyright/crashcourse/requirements/ IusMentis.com Copyright page (Dutch)]
* [http://www.bmi.com/licensing/entry/533606 Broadcast Music Inc. ( BMI) homepage. (a licensing organization)]
* [http://www.softwareprotection.com/copyright.htm Article on copyright protection for software]
* [http://stason.org/TULARC/business/copyright/index.html Stason.org Copyright law FAW ( US-centric)]
* [http://www.lawcase.org/archives/node/64 Chinese Business Law "A Brief Introduction of Intellectual Property Protection in China"]
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/ Copyright Toolbox(UK)]
* [http://www.teachingcopyright.org/
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

* [http://www.megalaw.com/top/copyright.php
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T01:03:25Z

Hollandof: /* Other Copyright-related Resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [http://www.asianlii.org/cn/legis/cen/laws/rftioict707/ Laws of the People's Republic of China: "REGULATIONS FOR THE IMPLEMENTATION OF INTERNATIONAL COPYRIGHT TREATIES"]
* [http://www.accesscopyright.ca/ The Canadian Copyright Licensing Agency]
* [http://www.copyright.com/ The Copyright Clearance Center (US)]
* [http://www.gesac.org/eng/gesac/default.htm European Grouping of Societies of Authors and Composers]
* [http://www.cepic.org/ The Coordination of European Picture Agencies Press Stock Heritage]
* [http://www.sweden.gov.se/sb/d/2707/a/15195 Swedish Copyright Legislation]
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf Swedish ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS]
* [http://en.wikipedia.org/wiki/Japanese_copyright_law wikipedia entry on Japanese Copyright Law]
* [http://www.iusmentis.com/copyright/crashcourse/requirements/
* [http://www.bmi.com/licensing/entry/533606
* [http://www.softwareprotection.com/copyright.htm
* [http://stason.org/TULARC/business/copyright/index.html`
* [http://www.lawcase.org/archives/node/64
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/
* [http://www.teachingcopyright.org/
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

* [http://www.megalaw.com/top/copyright.php
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T00:57:01Z

Hollandof: /* Other Copyright Glossaries */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute]
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://jmc262.googlepages.com/glossaryofterms:copyright University of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

===Other Copyright-related Resources===

* [Chinese: http://www.asianlii.org/cn/legis/cen/laws/rftioict707/
* [http://www.accesscopyright.ca/
* [http://www.copyright.com/
* [http://www.gesac.org/eng/positions/gestioncollective.htm
* [http://www.cepic.org/english/links/collecting_societies/statement_on_collective_rights_management.php

* [http://www.sweden.gov.se/sb/d/2707/a/15195
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf
* [http://en.wikipedia.org/wiki/Japanese_copyright_law

* [http://www.iusmentis.com/copyright/crashcourse/requirements/
* [http://www.bmi.com/licensing/entry/533606
* [http://www.softwareprotection.com/copyright.htm
* [http://stason.org/TULARC/business/copyright/index.html`
* [http://www.lawcase.org/archives/node/64
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/
* [http://www.teachingcopyright.org/
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

* [http://www.megalaw.com/top/copyright.php
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T00:54:33Z

Hollandof: /* Other Copyright Glossaries */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [Canadian Intellectual Property Office]
* [http://www.une.edu.au/copyright/glossary.php University of New England (Australian)]
* [http://jmc262.googlepages.com/glossaryofterms:copyright Universoity of Wisconsin-Milwaukee: journalism and Media Studies 262]]
* [http://lib.asu.edu/scholcomm/glossary Arizona State University]
* [http://www.copyrightaid.co.uk/ UK Copyright Aid]
* [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html Definitions section of US Copyright Act]

* [Chinese: http://www.asianlii.org/cn/legis/cen/laws/rftioict707/
* [http://www.accesscopyright.ca/
* [http://www.copyright.com/
* [http://www.gesac.org/eng/positions/gestioncollective.htm
* [http://www.cepic.org/english/links/collecting_societies/statement_on_collective_rights_management.php

* [http://www.sweden.gov.se/sb/d/2707/a/15195
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf
* [http://en.wikipedia.org/wiki/Japanese_copyright_law

* [http://www.iusmentis.com/copyright/crashcourse/requirements/
* [http://www.bmi.com/licensing/entry/533606
* [http://www.softwareprotection.com/copyright.htm
* [http://stason.org/TULARC/business/copyright/index.html`
* [http://www.lawcase.org/archives/node/64
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/
* [http://www.teachingcopyright.org/
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

* [http://www.megalaw.com/top/copyright.php
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T00:51:27Z

Hollandof: /* Other Copyright Glossaries */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary The UK Copyright Service]
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf Medical College of Wisconsin]
* [http://www.teachingcopyright.org/handout/glossary Teaching Copyright]
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright Glossary Copyright Advisory Network]
* [http://www.brown.edu/Administration/Copyright/glossary.html Brown University Copyright and Fair Use]
* [http://www.washburn.edu/copyright/glossary/ Washburn University]
* [http://questioncopyright.org/glossary QuestionCopyright.org]
* [http://www.wpi.edu/about/policies/Copyright/glossary.html Worcester Polytechnic Institute
* [http://ualr.edu/copyright/glossary/ University of Arkansas, Little Rock: Copyright Central]
* [http://www.pddoc.com/copyright/glossary.htm PDDoc.com "Copyright, Copysense]
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html Wright State University Libraries]
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [ Canadian]
* [http://www.une.edu.au/copyright/glossary.php [ Australian]
* [http://jmc262.googlepages.com/glossaryofterms:copyright
* [http://lib.asu.edu/scholcomm/glossary
* [http://www.copyrightaid.co.uk/ [ UK general resource]
* [ Definitions section of US Copyright Act]

* [Chinese: http://www.asianlii.org/cn/legis/cen/laws/rftioict707/
* [http://www.accesscopyright.ca/
* [http://www.copyright.com/
* [http://www.gesac.org/eng/positions/gestioncollective.htm
* [http://www.cepic.org/english/links/collecting_societies/statement_on_collective_rights_management.php

* [http://www.sweden.gov.se/sb/d/2707/a/15195
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf
* [http://en.wikipedia.org/wiki/Japanese_copyright_law

* [http://www.iusmentis.com/copyright/crashcourse/requirements/
* [http://www.bmi.com/licensing/entry/533606
* [http://www.softwareprotection.com/copyright.htm
* [http://stason.org/TULARC/business/copyright/index.html`
* [http://www.lawcase.org/archives/node/64
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/
* [http://www.teachingcopyright.org/
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

* [http://www.megalaw.com/top/copyright.php
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-09-01T00:47:59Z

Hollandof: /* Other Copyright Glossaries */

Additional resources draft

2009-09-01T00:44:12Z

Hollandof: /* Links to Additional resources */

==LINKS TO ADDITIONAL RESOURCES==

===Other Copyright Glossaries===

* [http://www.copyrightservice.co.uk/copyright/glossary
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf
* [http://www.teachingcopyright.org/handout/glossary
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright_Glossary
* [http://www.brown.edu/Administration/Copyright/glossary.html
* [http://www.washburn.edu/copyright/glossary/
* [http://questioncopyright.org/glossary
* [http://www.wpi.edu/about/policies/Copyright/glossary.html
* [http://ualr.edu/copyright/glossary/
* [http://www.pddoc.com/copyright/glossary.htm
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [ Canadian]
* [http://www.une.edu.au/copyright/glossary.php [ Australian]
* [http://jmc262.googlepages.com/glossaryofterms:copyright
* [http://lib.asu.edu/scholcomm/glossary
* [http://www.copyrightaid.co.uk/ [ UK general resource]

* [Chinese: http://www.asianlii.org/cn/legis/cen/laws/rftioict707/
* [http://www.accesscopyright.ca/
* [http://www.copyright.com/
* [http://www.gesac.org/eng/positions/gestioncollective.htm
* [http://www.cepic.org/english/links/collecting_societies/statement_on_collective_rights_management.php

* [http://www.sweden.gov.se/sb/d/2707/a/15195
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf
* [http://en.wikipedia.org/wiki/Japanese_copyright_law

* [http://www.iusmentis.com/copyright/crashcourse/requirements/
* [http://www.bmi.com/licensing/entry/533606
* [http://www.softwareprotection.com/copyright.htm
* [http://stason.org/TULARC/business/copyright/index.html`
* [http://www.lawcase.org/archives/node/64
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/
* [http://www.teachingcopyright.org/
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

* [http://www.megalaw.com/top/copyright.php
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-08-29T02:11:41Z

Hollandof:

==Links to Additional resources==

===Other Copyright Glossaries===
* [http://www.copyrightservice.co.uk/copyright/glossary
* [http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf
* [http://www.teachingcopyright.org/handout/glossary
* [http://www.librarycopyright.net/wiki/index.php?title=Copyright_Glossary
* [http://www.brown.edu/Administration/Copyright/glossary.html
* [http://www.washburn.edu/copyright/glossary/
* [http://questioncopyright.org/glossary
* [http://www.wpi.edu/about/policies/Copyright/glossary.html
* [http://ualr.edu/copyright/glossary/
* [http://www.pddoc.com/copyright/glossary.htm
* [http://www.libraries.wright.edu/services/copyright/basics/glossary.html
* [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [ Canadian]
* [http://www.une.edu.au/copyright/glossary.php [ Australian]
* [http://jmc262.googlepages.com/glossaryofterms:copyright
* [http://lib.asu.edu/scholcomm/glossary
* [http://www.copyrightaid.co.uk/ [ UK general resource]

* [Chinese: http://www.asianlii.org/cn/legis/cen/laws/rftioict707/
* [http://www.accesscopyright.ca/
* [http://www.copyright.com/
* [http://www.gesac.org/eng/positions/gestioncollective.htm
* [http://www.cepic.org/english/links/collecting_societies/statement_on_collective_rights_management.php

* [http://www.sweden.gov.se/sb/d/2707/a/15195
* [http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf
* [http://en.wikipedia.org/wiki/Japanese_copyright_law

* [http://www.iusmentis.com/copyright/crashcourse/requirements/
* [http://www.bmi.com/licensing/entry/533606
* [http://www.softwareprotection.com/copyright.htm
* [http://stason.org/TULARC/business/copyright/index.html`
* [http://www.lawcase.org/archives/node/64
* [http://copyrighttoolbox.surf.nl/copyrighttoolbox/
* [http://www.teachingcopyright.org/
* [http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
* [http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

* [http://www.megalaw.com/top/copyright.php
* [http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
* [http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
* [http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

* [http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:]

* [http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf The original English version:]

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

* [Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

* [Article on Google Settlement - http://www.elaineenglish.com/articles.html

* [Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

* [http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
* [http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Additional resources draft

2009-08-29T02:07:39Z

Hollandof: New page: Links to resources Other Copyright Glossaries 1. http://www.copyrightservice.co.uk/copyright/glossary 2. http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf 3. http://www.teachi...

Links to resources
Other Copyright Glossaries
1. http://www.copyrightservice.co.uk/copyright/glossary
2. http://www.mcw.edu/FileLibrary/User/llemahie/PDF/glossary.pdf
3. http://www.teachingcopyright.org/handout/glossary
4. http://www.librarycopyright.net/wiki/index.php?title=Copyright_Glossary
5. http://www.brown.edu/Administration/Copyright/glossary.html
6. http://www.washburn.edu/copyright/glossary/
7. http://questioncopyright.org/glossary
8. http://www.wpi.edu/about/policies/Copyright/glossary.html
9. http://ualr.edu/copyright/glossary/
10. http://www.pddoc.com/copyright/glossary.htm
11. http://www.libraries.wright.edu/services/copyright/basics/glossary.html
12. http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00092.html [ Canadian]
13. http://www.une.edu.au/copyright/glossary.php [ Australian]
14. http://jmc262.googlepages.com/glossaryofterms:copyright
15. http://lib.asu.edu/scholcomm/glossary
16. http://www.copyrightaid.co.uk/ [ UK general resource]

Chinese: http://www.asianlii.org/cn/legis/cen/laws/rftioict707/
http://www.accesscopyright.ca/
http://www.copyright.com/
http://www.gesac.org/eng/positions/gestioncollective.htm
http://www.cepic.org/english/links/collecting_societies/statement_on_collective_rights_management.php

http://www.sweden.gov.se/sb/d/2707/a/15195
http://www.sweden.gov.se/content/1/c6/01/51/95/20edd6df.pdf
http://en.wikipedia.org/wiki/Japanese_copyright_law

http://www.iusmentis.com/copyright/crashcourse/requirements/
http://www.bmi.com/licensing/entry/533606
http://www.softwareprotection.com/copyright.htm
http://stason.org/TULARC/business/copyright/index.html`
http://www.lawcase.org/archives/node/64
http://copyrighttoolbox.surf.nl/copyrighttoolbox/
http://www.teachingcopyright.org/
http://www.hyperorg.com/blogger/2009/05/11/berkman-kenneth-crews-on-academic-copyright/
http://www.solarnavigator.net/USA_copyright_law_fair_use.htm

http://www.megalaw.com/top/copyright.php
http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
http://www.ompi.ch/treaties/en/ip/berne/summary_berne.html
http://www.chasque.net/frontpage/suns/trade/areas/intellec/11030089.htm

The Study: “Conceiving an International Instrument on Limitations and Exceptions to Copyright”
and Professor Ruth L. OkedijiïªBy Professor P. Bernt Hugenholtz

was translated into Arabic by the Bibliotheca Alexandrina A2K Project.

Arabic version:
http://www.bibalex.org/a2k/attachments/TranslatedMaterials/TMfilek2f5xa454scoly45tkzdserp.pdf

The original English version:
http://www.ivir.nl/publications/hugenholtz/limitations_exceptions_copyright.pdf

We appreciate the kind simple way that the respectful authors granted us the permission to translate. And a big thanks to Ms. Vera Franz for helping to reach them.

Slideshow on copyright law ( plagiarism lens) copyright.gmu.edu/mmplagarism.ppt

Article on Google Settlement - http://www.elaineenglish.com/articles.html

Canadian authors on copyright law reform - http://www.youtube.com/watch?v=12oERg1-tRI

http://www.copyright.gov/gatt.html US gov page on works for which copyright has been restored â
http://www.apaaonline.org/pdf/APAA_54th_council_meeting/copyright_committee/9-1-NewZealandGroupCopyrightCommiteeReport-20071015.pdf Copyright Update for New Zealand
APAA meeting
Adelaide, November 2007
Anton Blijlevens, Partner, AJ Park

* [http://www.21coe-win-cls.org/rclip/db/search_form.php Japanese database of IP precedents for Asia and some of Europe]

* [http://www.ifla.org/en/node/471 IFLA position papers]

Glossary

2009-08-26T01:50:27Z

Hollandof: /* Mortenson Center */

Working glossary and list of resources for Copyright for Librarians project

==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.'''

''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 “work-for-hire”, “open access”

'''Other Resources''':

* [http://www.editlib.org/p/29269 A scholarly paper on the academic exception] [Canadian, access required]
* [http://www.sloan-c.org/publications/view/v1n1/CIP2.htm A brief discussion of the academic exception]
* [http://chronicle.com/article/Harvard-Faculty-Adopts/40447 An article on Harvard’s open access policy]

==“Actual Knowledge”==

'''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.''

''Section 512(c) of the DMCA 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 “DMCA”, “safe harbor”

'''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"]
* [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"]

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

'''The American Library Association’s ethics code.'''

''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''':

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

==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 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.''

'''Other Resources''':

*[http://wikileaks.org/wiki/Proposed_US_ACTA_multi-lateral_intellectual_property_trade_agreement_%282007%29 Wikileaks page on ACTA]
*[http://wikileaks.org/leak/acta-proposal-2007.pdf Text of ACTA discussion paper]
*[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.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]

==Assignment==

'''To assign copyright is to transfer ownership of it 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.''

'''Other Resources'''

* [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://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://www.articlesbase.com/law-articles/what-are-intellectual-property-assignment-and-license-agreements-586467.html Short article on assignment and licensing]

==Author==

'''The original creator of any sort of work, regardless of what kind of work it is.'''

''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:''
''“[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.''

See also “Moral Rights”; “Right of Integrity”, “Right of Withdrawal”, “Right of Attribution”.

==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 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

''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 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.''

'''Other Resources'''

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

==Bilateral Agreements==

'''A bilateral agreement is an agreement or treaty made directly between only 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'''

* [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://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]

==Blanket license==

'''A blanket license is a license that applies to every situation'''

''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.''

See also “collective rights management organizations”

'''Other Resources'''

* [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.copyright.com/ Webpage of US Copyright Clearance Center]
* [http://www.accesscopyright.ca/ Webpage of Canadian copyright clearance entity]
* [http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing EFF page on on collective licensing for music]

==“Browsewrap”==

'''“Browsewrap” is a slang term for a contract to see or use content into which an Internet user enters while “browsing” a 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 away. A user will often “click here” to get to desired content without scrolling further down, and so unwittingly “agree” to terms.''

See also “click wrap” and “shrink wrap”

'''Other Resources'''

* [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://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://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://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]

==“cease-and-desist” letter==

'''Broadly, a letter sent to an alleged copyright infringer, requesting that the alleged infringer stop using the allegedly infringing material.'''

''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”.''

''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 question. Under 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.

''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'''
* [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.chillingeffects.org/ Chilling Effects - a website devoted to the suppression or censorship of online speech]
* [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.scribd.com/doc/2526821/Notice-of-Copyright-Infringement-and-Demand-to-Cease-and-Desist Scribd posting of various Cease and desist letters]

==CISAC==

'''CISAC is the International Confederation of Societies of Authors and Composers.'''

''(The word order is different from that of the letters in the acronym because the confederation was initially formed in French. I.e., the “ConfÃ©dÃ©ration Internationale de SociÃ©tÃ©s 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]

==“Clickwrap”==

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

''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.''

See also “shrinkwrap contract, “contract of adhesion”

'''Other Resources'''

* [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://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]

==Choice of laws==

'''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?
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'''

* [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://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://www.scribd.com/doc/239477/Conflict-of-Laws-and-Choice-of-Law US law review article "Conflict of Laws and Choice of Law"]

==Circumvention==

'''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.''

''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.''

''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.''

See also “DRM”, “Right of access”, “DMCA”

'''Other Resources'''

* [http://www.chillingeffects.org/anticircumvention/ Chilling Effects website on anticircumvention]
* [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.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://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://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”]

==Copyright==

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

See also “Rights”, various; "Additional Resources" page

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

* [http://www.copyright.gov/help/faq/faq-general.html#what US Government’s copyright website]
* [http://www.eucopyright.org/ EU’s copyright website]
* [http://ec.europa.eu/internal_market/copyright/index_en.htm EU internal markets copyright 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.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)]

==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.''

See also Civil Law”, “religious law”

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Common_law Wikipedia Article on the “common law”]
* [http://books.google.com/books?id=xXouAAAAIAAJ&dq=common+law&printsec=frontcover&source=bl&ots=8XbPPUS3Vd&sig=Oa5KoDXWXQdGWWri9ojJKCziJgc&hl=en&ei=Og91StPgC6WutgecttWWCQ&sa=X&oi=book_result&ct=result&resnum=3#v=onepage&q=&f=false Google Book, The Common Law by O.W. Holmes]
* [http://www.britannica.com/EBchecked/topic/128386/common-law Britannica article on the “common law”]

==Collective Rights Management Organization / Society==

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

''Also known as “collecting society” and “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.''
''A partial list of organizations that collectively manage rights follows.''

* [http://www.ifrro.org IFRRO website. An international aggregate organization of rights management organizations]
* [http://www.ascap.com/index.aspx ASCAP website. U.S. music]
* [http://www.cisac.org/ CISAC website. Intl. music and writings]
* [http://www.soundexchange.com/ SoundExchange website. US, webstreamed music]
* [http://www.harryfox.com/index.jsp Harry Fox Agency website.US, rights to underlying musical works]
* [http://www.gesac.org GESAC website. EU authors and composers]
* [http://www.agicoa.org/ AGICOA website. International, retransmission rights for independent producers]
* [http://www.ifpi.org/ IFPI website]
* [http://www.biem.org/ BIEM website. Intl aggregating group]
* [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'''

* [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://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==

'''A compulsory license is a license to make use of intellectual property that is automatically granted to anyone who seeks one.'''

''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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Compulsory_license Wikipedia article on compulsory licenses]
* [http://www.copyright.gov/circs/circ73.pdf US Government PDF on compulsory licenses]
* [http://www.cptech.org/ip/health/cl/ Website with list of resources on compulsory licensing (English)]
* [http://lawmeme.research.yale.edu/modules.php?name=News&file=print&sid=1241 Academic blog on compulsory licensing, with links to other posts]
* [http://www.wto.org/english/tratop_e/TRIPs_e/public_health_faq_e.htm WTO website]
* [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://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==

'''A legal system is one in which the law is based almost exclusively on statute.'''

''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.''

''“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 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.''

'''Other Resources'''

* [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.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]

==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==

'''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.''

''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 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.''

See also “public domain”

'''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://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.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://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://dlc.dlib.indiana.edu/archive/00001246/ "Academic article "Creating An Intellectual commons Through Open Access" by Peter Suber]
* [http://creativecommons.org/ Creative Commons website]

==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.''

'''Other Resources'''

* [http://www.copyright.gov/title17/92chap1.html#103 U.S. Law on compilations]
* [http://www.pddoc.com/copyright/compilation.htm US legal resources on compilations (English, US)]
* [http://www.bitlaw.com/copyright/database.html Legal website's page on databases (English, US)]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1299012 Australian law review article “Compilation Copyright: A Matter Calling for 'a Certain...Sobriety'"]
* [http://www.internetlibrary.com/topics/copyright_compilatio.cfm A list of compilation cases]
* [http://books.google.com/books?id=_s_e_YhjQsQC&pg=PA8&lpg=PA8&dq=compilation+copyright&source=bl&ots=RCOegs1pN-&sig=1PLYa0lf1nmycbNcJ5l20UWgqvo&hl=en&ei=LyJ2SqHBJOattgfhyt2WCQ&sa=X&oi=book_result&ct=result&resnum=6#v=onepage&q=compilation%20copyright&f=true Google Book excerpt: Kennneth Crews on compilations]
* [http://www.law.cornell.edu/copyright/cases/499_US_340.htm Text of ''Feist v Rural Telephone'', the seminal U.S. case on copyright in compilations]

==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, 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 “Fair use”, “CONTU”

'''Other Resources'''

* [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/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.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 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.''

'''Other Resources'''

* [http://www.gonzagaip.org/blog/?p=8 IP Law organization analysis of French court ruling about counterfeiting]

==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, 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.''

'''Other Resources'''

* [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.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://everybodyslibraries.com/2008/04/16/coursepack-sharing-an-idea-whose-time-has-come/ Article on coursepacks.]
* [http://www.aaup.org/AAUP/pubsres/academe/2001/JF/Feat/nels.htm Article on coursepacks 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://www.mcgilldaily.com/article/2987-course-packs-could-go-online- Canadian article on using coursepacks online]

==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

''“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.''

''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'''

* [http://creativecommons.org/ Creative Commons’ website]
* [http://cyberlaw.stanford.edu/packet/200810/breach-conditions-free-and-open-source-software-licenses-may-constitut Stanford Fair Use site on the ''Jacobsen v. Katzer'' case above]
* [http://www.klgates.com/newsstand/Detail.aspx?publication=4876 US law firm analyzes legal implications of ''Jacobsen v. Katzer'']

==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.''

==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]

==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. 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.''

===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!''

===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'''

* [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://en.wikipedia.org/wiki/Visual_Artists_Rights_Act Wikipedia article on 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.truefresco.org/2008/04/renowned-muralist-kent-twitche.html Article discussing an artist’s lawsuit over desecration]

==Database==

'''A data base is a collection of data on a particular topic or topic, 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.''

''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”

'''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://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.copyright.gov/docs/regstat092303.html Testimony to US government on database protection act]
* [http://www.copyright.gov/reports/dbase.html US Copyright Office’s report on 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==

'''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 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.''

'''Other Resources'''
* [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://www.anderson.ucla.edu/faculty/jason.frand/teacher/technologies/palace/datamining.htm Article “What is Data mining?"]
* [http://www.dhs.gov/xlibrary/assets/privacy/privacy_rpt_datamining_200812.pdf PDF of US Legislature report on data mining]
* [http://www.allacademic.com/meta/p_mla_apa_research_citation/2/5/3/9/3/p253934_index.html Article “The Policy Tools of Securitization: Data Mining, EU Foreign and Interior Policies”]
* [http://ieeexplore.ieee.org/xpl/freeabs_all.jsp?arnumber=4053016 Report from the Sixth International Conference on Data Mining-Copyright]

==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.

See also: “fair use”, “right of adaptation”, "idea/expression dichotomy"

'''Other Resources'''

* [http://www.chillingeffects.org/derivative/ Chilling Effects webpage on derivative works]
* [http://www.chillingeffects.org/derivative/faq.cgi Chilling Effects FAQ on derivative works]
* [http://www.linuxjournal.com/article/6366 Computer industry article on derivative works]
* [http://www.copyright.gov/circs/circ14.pdf US Government circular on derivative works]
* [http://en.wikipedia.org/wiki/Derivative_work Wikipedia article on derivative works]
* [http://www.altlaw.org/v1/cases/1081598 Text of seminal US court decision on derivative works, ''Lee vs. A.R.T.'']

==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.''

See also “DRM”, “circumvention”, “WIPO”, “cease-and desist”, “encryption”, “TPM”

'''Other Resources'''

* [http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281: Text of the DMCA]
* [http://www.copyright.gov/legislation/dmca.pdf US Copyright Office’s explanation of the DMCA]
* [http://www.eff.org/issues/dmca EFF webpage on DMCA]
* [http://www.gseis.ucla.edu/iclp/wipo1.htm Text of WIPO treaty to which the DMCA responded]
* [http://www.chillingeffects.org/dmca512/faq.cgi Chilling Effects FAQs 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://secondlife.com/corporate/dmca.php Second Life webpage on DMCA take-down notices]

==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 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.''

''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'''

* [http://en.wikipedia.org/wiki/Digital_rights_management Wikipedia article on DRM]
* [http://mashable.com/2008/01/04/drm-officially-dead-as-even-sony-bmg-drops-it/ Article discussing DRM and its prospects]
* [http://news.cnet.com/8301-10784_3-9939189-7.html News article on DRM in music industry]
* [http://www.almaden.ibm.com/cs/people/hongxia-jin/DRM2009/ Webpage for international workshop on DRM]
* [http://www.eff.org/issues/drm EFF webpage on DRM]
* [http://en.wikipedia.org/wiki/Sony_BMG_CD_copy_protection_scandal Wikipedia article on Sony’s rootkit scandal]
* [http://www.npr.org/templates/story/story.php?storyId=102605547 US’s National Public Radio story on DRM]
* [http://www.techcrunch.com/2008/01/04/europe-wants-to-force-drm-interoperability/ Article on European DRM interoperability]

==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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Due_diligence Wikipedia article on due diligence]
* [http://www.panix.com/~checker/ccddc.htm An economist’s article on copyright reform]
* [http://www.legalmatch.com/law-library/article/due-diligence-for-copyright.html Short legal article on due diligence]
* [http://www.chinalawinsight.com/2009/02/articles/intellectual-property/copyright-due-diligence-investigations-in-china-legal-entity-work-or-occupational-work/ Chinese website’s analysis on due diligence in Chinese copyright law]
* [http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00245 Text of testimony to US Senate, concerning orphan works]
* [http://www.publicknowledge.org/issues/ow Public Knowledge’s page on orphan works]
* [http://www.copyright.gov/orphan/ US Copyright Office webpage on orphan works]

==Economic Rights==

'''The rights associated with copyright that allow the rights holder to exercise control over 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.''

See also "Rights", “Moral Rights”

==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

''"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''

''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

'''Other Resources'''

* [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==

'''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, 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'''

* [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]

====Rule based====

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

====Guideline-based====

A guideline based exception or limitation is one that sets forth interpretive guidelines, 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.''

====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.

=====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.

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

* [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://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192 WIPO study on exceptions]
* [http://www.eifl.net/cps/sections/news/press-area/2008-10-29 eIFL press release on exceptions and limitations]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1415012 Kenneth Crews study on limitations and exceptions]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1415012 Copyright Alliance Statement on exceptions and limitation]

==“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.'''

''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 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:

The purpose and character of the use, including whether such use is of 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", 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.''

See also “fair dealing”, “exceptions and limitations”

'''Other Resources'''
* [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://fairuse.stanford.edu/ Stanford University Libraries’ Fair Use page]
* [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://cyber.law.harvard.edu/research/freedomtoteach Berkman Webpage for “Freedom To Teach” re: 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://en.wikipedia.org/wiki/Fair_use ikipedia 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"]

==“Fair Dealing”==

'''A term describing circumstances when a user 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”

'''Other Resources'''

*[http://www.copyright.org.au/pdf/acc/infosheets_pdf/g079.pdf Australian Copyright Council document on fair dealing]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=875384 Academic paper "Google Book Search: Fair Use, Fair Dealing and the Case for Intermediary Copying"]
* [http://www.economicexpert.com/a/Fair:dealing.htmlAustralian analysis of fair dealing]
*[http://www.ukoln.ac.uk/services/elib/papers/pa/fair/ UK fair dealing guidelines]
* [http://davidakin.blogware.com/blog/_archives/2009/7/31/4274099.html Canadian blog analysis of fair dealing]
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1014404 Academic paper "Healing Fair Dealing? A Comparative Copyright Analysis of Canadian Fair Dealing to UK Fair Dealing and US Fair Use"]
* [http://www.myitlawyer.com/2009/fair-dealing-exceptions-in-uk-copyright-law/ Lawyer’s discussion of UK fair dealing]
* [http://en.wikipedia.org/wiki/Fair_dealing Wikipedia article on fair dealing]

==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 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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/First-sale_doctrine Wikipedia article on first sale]
* [http://en.wikipedia.org/wiki/Exhaustion_of_rights Wikipedia article on 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://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://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://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]

==Fixation==

'''The idea that a creative work cannot qualify for protection until it is “fixed” in some tangible form.'''

''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.''

''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.''

''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.''

'''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://en.wikipedia.org/wiki/Canadian_copyright_law#Fixation Wikipedia article on Canadian fixation requirements]
* [http://www.copyright.gov/title17/92chap11.html Text of US law on fixation: 17 USCA 1101]
* [http://books.google.com/books?id=hI8kN17SrEsC&pg=PA169&lpg=PA169&dq=copyright+fixation&source=bl&ots=RF48eIxcrK&sig=36ACkVr6WqJbnnw5DDsHCvDoQwc&hl=en&ei=hR53SsipEpyntgfjodGWCQ&sa=X&oi=book_result&ct=result&resnum=9#v=onepage&q=copyright%20fixation&f=false Google Book excerpt: from Principles of Intellectual Property Law by Catherine Colston]
* [http://books.google.com/books?id=MIIOdtjZLCkC&pg=PA144&lpg=PA144&dq=copyright+fixation&source=bl&ots=Jthqw8uLaY&sig=rwyzzz8JlMC3wYAnQhHdmyKLE4Q&hl=en&ei=CCB3SqHJH6KltgeNzOGWCQ&sa=X&oi=book_result&ct=result&resnum=2#v=onepage&q=copyright%20fixation&f=false Google Book excerpt: Research Handbook on Future of EU Copyright by Estelle Derclaye]
* [http://www.gillhams.com/dictionary/368.cfm English law firm’s explanation of fixation]

==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.'''

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

'''Other Resources'''

* [http://www.trade.gov/fta/index.asp Webpage with list of resources on FTAs]
* [http://www.export.gov/fta/ US government website on FTAs]

==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.''

'''Other Resources'''

* [http://www.gnu.org/copyleft/gpl.html GNU’s webpage on GPL licenses]
* [http://creativecommons.org/licenses/GPL/2.0/ Creative Commons webpage 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://en.wikipedia.org/wiki/GNU_General_Public_License Wikipedia article eon GNU/GPL]

==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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/HADOPI_law Wikipedia article on HADOPI]
* [http://www.eff.org/deeplinks/2009/06/three-strikes-dead-in-france EFF discussion of French “three-strikes”]
* [http://fr.wikipedia.org/wiki/Loi_Cr%C3%A9ation_et_Internet French Wikipedia article on the HADOPI law]
* [http://www.betanews.com/article/French-Assembly-passes-three-strikes-HADOPI-law/1242172150 News article on HADOPI law]
* [http://torrentfreak.com/hackers-undermine-piracy-evidence-with-hadopi-router-090709/ Article on possible flaws in HADOPI’s provisions]
* [http://www.maitre-eolas.fr/post/2009/06/18/1452-hadopi-2-le-gouvernement-envisage-le-recours-a-l-ordonnance-penale French article on HADOPI]
* [http://www.flickr.com/photos/st3f4n/3522802951/ Flickr page discussing 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://recordingindustryvspeople.blogspot.com/2009/06/french-3-strikes-law-hadopi-ruled.html US Lawyer specializing in music copyright and P@P filesharing discusses HADOPI]

==(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.''

'''Other Resources'''

* [http://www.bitlaw.com/copyright/formalities.html Article 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://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://cyberlaw.stanford.edu/node/5688 Stanford Center For Internet and Society’s discussion of Canadian formalities]

==Idea/ Expression==

'''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.''

'''Other Resources'''

* [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.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://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://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]

==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.”''

'''Other Resources'''

* [http://www.ifla.org/ www.ifla.org]

==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.''

''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.''

''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'''

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

==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.''

'''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=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://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.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://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” ==

'''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.''

See also “sweat of the brow”

==Infringement==

'''Copyright infringement takes place whenever any one or more of the rights that the copyright protection grants are violated.'''

''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 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.''

''“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, i.e. that it is taking place; and must make 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.''

'''Other Resources'''

* [http://www.chillingeffects.org/piracy/faq.cgi Chilling Effects webpage on "piracy"]
* [http://www.chillingeffects.org/dmca512/question.cgi?QuestionID=268 chilling Effects FAQ on DMCA Section 512]
* [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://itlaw.wikia.com/wiki/Vicarious_copyright_infringement Technology wiki on contributory infringment]
* [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.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://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://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.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://www.cdt.org/copyright/grokster/ Center for Democracy & Technology's page on ''Grokster'' and infingement]
* [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"]

==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.''

See also, “click wrap”, “shrink wrap”, “Browsewrap” , “collective rights management agency

'''Other Resources'''

* [http://www.bitlaw.com/copyright/license.html Legal information website's page on licenses]
* [http://creativecommons.org/about/licenses Creative Commons' licenses page]
* [http://en.wikipedia.org/wiki/Category:Copyright_licenses Wikipedia meta-page on copyright 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.techdirt.com/articles/20090628/1626125387.shtml Technology blog's discussion o flicensing controversy]
* [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.cptech.org/blogs/cl4copyright/ Blog devoted to compulsory licenses]
* [http://www.artistshousemusic.org/videos/explaining+the+compulsory+license+clause Video with US lawyer explaining compulsory licenses]
* [http://muse.jhu.edu/about/subscriptions/license_review.html An example of institutional license agreement]
* [http://www.lib.uconn.edu/copyright/modelagreements.html University of Connecticut Libraries' webpage on licenses]
* [http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing EFF white paper on voluntary collective licensing]
* [http://w2.eff.org/share/legal.php EFF page on P2P filesharing and licensing]
* [http://bandfoundry.draftlight.net/resources/copyright/license_types.php Music blog's discussions of licensing in music]
* [http://thepcweb.com/?p=358 Computer sciences blog page on software licenses]

==Material breach (of a contract)==

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

''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.''

'''Other Resources'''

* [http://en.wikipedia.org/wiki/Breach_of_contract Wikipedia article on breach of contract]
* [http://www.constructionbusinessowner.com/topics/law/understand-material-breach-of-contract.html Construction industry website's page on material breach]
* [http://www.chicagobusinesslitigationlawyerblog.com/2009/05/material_breach_of_contract_in.html Chicago law firm's discussion of Illinois court's material breach ruling]
* [http://research.lawyers.com/glossary/material-breach.html Lawyer.com's definition of material breach]

==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.''

See also “incentives”, “commons”

'''Other Resources'''

* [http://www.againstmonopoly.org/index.php?perm=593056000000001200 Blog "Against Monopolies"'s page on copyright's 'Catch-22']
* [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.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://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==

'''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 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 release ( or divulgation) -- the right to control when a work is seen by the public.''

See also “economic rights”

'''Other Resources'''

* [http://cyber.law.harvard.edu/property/library/moralprimer.html Berkman Center webpage "Moral Rights Basics"]
* [http://en.wikipedia.org/wiki/Moral_rights_(copyright_law) Wikpedia page on Moral Rights]
* [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.vlaa.org/documents/VARA2.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.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://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.austlii.edu.au/au/journals/ILB/2001/11.html Australian law review article: "Berne, Baby, Berne: The Berne Convention, Moral Rights and Indigenous Peoples’ Cultural Rights"]
* [http://www.infotoday.com/IT/jan02/ardito.htm Legal column: "Moral Rights for Authors and Artists "]
* [http://www.megalaw.com/top/copyright/copyrightmoral.php Large list of links to resources on Moral Rights]

==Mortenson Center==

'''The Mortenson Center for International Library Programs'''

''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'''

* [http://www.library.illinois.edu/mortenson/ Mortenson Center website]
* [http://www.library.illinois.edu/mortenson/about/ Mortenson Center "about" page]

==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.''

See also “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.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://www.sunsonline.org/trade/areas/intellec/12230096.htm 1996 article "WIPO: COPYRIGHT, NEIGHBOURING RIGHTS IN 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://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://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 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.''

See also “commons”, “GNU-GPL”

'''Other Resources'''
* [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.earlham.edu/~peters/fos/overview.htm Professor Peter Suber's Open Access overview]
* [http://www.plos.org/index.php Website of the Public Library of Science]
* [http://www.soros.org/openaccess/read.shtml The Budapest Open Access Initiative]
* [http://www.soros.org/ Webpage of Open Society Institute]
* [http://www.arl.org/sparc/openaccess/ Scholarly Publishing and Academic Resources Coalition's open access page]
* [http://en.wikipedia.org/wiki/Open_access Wikipedia Article on Open Access]
* [http://www.oapen.org/ Website for Open Access Publishing in European Networks]
* [http://chronicle.com/article/Harvard-Faculty-Adopts/40447 Article about Harvard university adopting open access policy]
* [http://blogs.law.harvard.edu/mediaberkman/2009/03/03/radio-berkman-open-accessories/ MP3 of RadioBerkman interview with Peter Suber]
* [http://freegovinfo.info/node/2531 Discussion of proposed US law limiting open access to research]
* [http://publicaccess.nih.gov/ US National Institutes of Health Open Access homepage]
* [http://cyber.law.harvard.edu/interactive/events/2008/03/suber video of Professor Peter Suber's presentation "What Can Universities Do to Promote Open Access?"]

==“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-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”.''

''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.''

See also “derivative work”, “idea/ expression”

'''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)]

==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.''

See also “commons”, “compulsory license”, “public domain”

'''Other Resources'''

* [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.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://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://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.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.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.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]

=="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.'''

''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.''

'''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 PDF on DMCA]
* [http://www4.law.cornell.edu/uscode/17/512.html Text of DMCA Section 512]

===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, 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.''

''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.''

See also "Notice and takedown",“counternotification”, "putback"

'''Other Resources'''

* [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.cs.cmu.edu/~dst/Terrorism/form-letter.html A "do it yourself" counternotice letter]
* [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]

===“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.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.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"]

==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.''

'''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/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.ascap.com/press/2009/0622_Fighting_For_Your_Fair_Share.aspx ASCAP's page on its mission]
* [http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202432025253 Legal website's article "ASCAP Sues Over Ringtone 'Performance'"]
* [http://www.eff.org/deeplinks/2009/06/ascap-wants-be-paid- EFF legal analysis on ringtone controversy]
* [http://news.cnet.com/8301-1023_3-10161104-93.html News article "Book publishers object to Kindle's text-to-voice feature"]
* [http://news.cnet.com/amazon-retreats-on-kindles-text-to-speech-issue/ News article on Kindle Text-to-speech controversy]
* [http://www.crunchgear.com/2009/05/15/random-house-shuts-down-kindle-text-to-speech-for-their-titles/ Technology blog article "Random House shuts down Kindle text-to-speech for their titles"]
* [http://www.techflash.com/Disability_groups_demand_full_return_of_Kindles_text-to-speech_41583262.html Technology news article "Disability groups demand full return of Kindle's text-to-speech"]
* [http://online.wsj.com/article/SB123419309890963869.html Wall Street Journal article "New Kindle Audio Feature Causes a Stir"]

==Piracy==

'''Broadly, any infringement of copyright by copying. 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.''

'''Other Resources'''

* [http://www.chillingeffects.org/piracy/ Chilling Effects page 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.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://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.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://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==

'''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.''

'''Other Resources'''

* [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.plagiarismchecker.com/plagiarism-vs-copyright.php PLagiarismChecker.com article: "Plagiarism and Copyright Infringement: Is Copying Illegal?"]
* [http://lists.ibiblio.org/pipermail/cc-community/2008-May/003685.html Discussion of plagiarism vs copyright]
* [http://www.plagiarismtoday.com/2005/10/06/copyright-infringement-plagiarism-and-fair-use/ Plagiarism Today article "Copyright Infringement, Plagiarism and Fair Use"]
* [http://www.historians.org/governance/pd/curriculum/plagiarism_defining.htm "Plagiarism: Curricular Materials for History Instructors"]
* [http://www.eucopyright.org/plagiarism/ EU Copyright.org article "Plagiarism Judo - a clever remedy?"]

==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.'''

'''Other Resources'''

* [http://www.librarycopyright.net/digitalslider/ "Is it protected by copyright?" -interactive tool for US law]
* [http://www.thepublicdomain.org/download/ Website for the book The Public Domain – Enclosing the Commons of the Mind by James Boyle]
* [http://www.copyright.gov/pr/pdomain.html US Copyright office statement on public domain works]
* [http://www.law.duke.edu/cspd/ Website for The Center for the Study of the Public Domain]
* [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/ Stanford University Library system's page on Copyright and 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://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://creativecommons.org/licenses/publicdomain/ Creative Commons webpage "Copyright-Only Dedication* (based on United States law) or Public Domain Certification"]
* [http://googleblog.blogspot.com/2005/11/preserving-public-domain-books.html Google Blog "Preserving public domain books"]
* [http://creativecommons.org/choose/publicdomain-2 Creative Commons page about identifying works already in the public domain]
* [http://librivox.org/public-domain/ Librivox web page "Copyright, Public Domain & LibriVox"]
* [http://www.eff.org/deeplinks/2009/07/eff-defends-wikipedi EFF legal analysis "EFF Defends Wikipedian's Right to the Public Domain"]
* [http://www.public-domain.org/ Public-Domain.org]
* [http://www.cpdl.org/wiki/index.php/Main_Page ChoralWiki, home of the Choral Public Domain Library]
* [http://en.wikipedia.org/wiki/Public_domain Wikipedia article on public domain]

==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.''

See also “public performance”

'''Other Resources'''

* [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.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.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"]

==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.''

See also “formalities”

'''Other Resources'''

* [http://www.copyright.gov/register/ US Government's copyright website page on registration]
* [http://www.copyright.gov/eco/ US Government's copyright website online registration system]
* [http://www.copyright.gov/forms/ US Government's copyright website forms for off-line registration]
* [http://en.wikipedia.org/wiki/Copyright_registration Wikipedia article on copyright registration]
* [http://www.allbusiness.com/legal/intellectual-property/3931441-1.html Article on registration tool for user-generated content. (blogging, podcasting, etc.)]

==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.''

See also “damages”

==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,''(Jewish law).''

See also “Common Law” and “Civil law”

'''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://en.wikipedia.org/wiki/Religious_law Wikipedia article on Religious law]
* [http://books.google.com/books?id=YsUMTA4MebwC&pg=PA49&lpg=PA49&dq=religious+legal+system&source=bl&ots=hELODC8c5N&sig=TPV22i8YViZXi1V8sGzxFGKxrg4&hl=en&ei=efB4SsK3BtWPtgeuptGWCQ&sa=X&oi=book_result&ct=result&resnum=4#v=onepage&q=religious%20legal%20system&f=false Google book: Religion,law and tradition By Andrew Huxley]

==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.

====The right of reproduction====

The right to make copies of a work.

====The 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====

Self explanatory. See "public performance and display"

====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.''

'''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://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://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://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://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]

==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.''

See also “neighboring rights”, “fixation”

'''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/ 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.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.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://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://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”==

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

See also “DMCA”, “Notice and takedown”, “counter notice”, “put-back”, “liability” “cease and desist”

'''Other Resources'''

* [http://images.chillingeffects.org/512.html A Chilling Effects page on the DMCA's Section 512]
* [http://www.chillingeffects.org/dmca512/ Another Chilling Effects page on the DMCA and 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://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://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://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://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.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.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://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://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"]

==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".''

See also “Berne Convention”, “three-step test”

'''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/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.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)]

==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.''

See also “damages”

'''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-two.html Copyright scholar William Patry's blog entry #2 on statute of limitations]
* [http://williampatry.blogspot.com/2006/07/laches-and-statute-of-limitations.html Copyright scholar William Patry's blog entry on laches statute of limitations]
* [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://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.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.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" 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.''

See “intellectual effort”

'''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://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://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://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://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://www.law.duke.edu/journals/DLTR/Articles/2001dltr0017.html Law review article "THE FUTURE OF DATABASE PROTECTION IN U.S. COPYRIGHT LAW"]
* [http://www.iusmentis.com/databases/us/ Law and Technology website article "Database protection in the USA"]
* [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/Feist_Publications_v._Rural_Telephone_Service Wikipedia article on ''Feist v Rural Telephone'']

==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.''

See also “fixation”

'''Other Resources'''

* [http://www.law.cornell.edu/uscode/17/102.html US Code Â§ 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.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?]

==“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.''

See also “DMCA”, “notice and takedown”

'''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/2009/07/its-baack-french-3-strikes-law-gets-another-go-from-senate.ars French "3 strikes" law returns, now with judicial oversight!]
* [http://techgeist.net/2009/05/three-strikes-law-struck-down-in-european-parliament/ Three Strikes Law Struck Down In European Parliament]
* [http://freeculturenews.com/2009/07/15/australian-goverment-considering-3-strikes-law/ Australian Goverment Considering 3 Strikes Law]
* [http://www.michaelgeist.ca/content/view/2915/125/ France Says Canada Considering "Three Strikes and You're Out" ISP Policy]
* [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”==

'''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 to a number of other international copyright treaties, including the TRIPS agreement, several WIPO treaties, and the EU Copyright Directive.''

See also “statutory exemptions”

'''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://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=253867 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://law.bepress.com/cgi/viewcontent.cgi?article=1520&context=expresso 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://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]

==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.''

See also, “DRM”

'''Other Resources'''

* [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.wipo.int/enforcement/en/faq/technological/faq03.html How do technological protection measures work?]
* [http://www.eff.org/pages/technological-protection-measures-draft-ftaa Technological Protection Measures in the Draft FTAA]
* [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://papers.ssrn.com/sol3/papers.cfm?abstract_id=793504 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 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://en.wikipedia.org/wiki/Trusted_Computing Trusted Computing]

==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.''

See also “Berne Convention”, “WIPO”, “multilateral Trade Agreement”

'''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/t_agm0_e.htm Agreement on Trade-Related Aspects of Intellectual Property Rights]
* [http://www.cid.harvard.edu/cidtrade/issues/ipr.html Intellectual Property Summary]
* [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://papers.ssrn.com/sol3/papers.cfm?abstract_id=1400527 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.wiggin.com/db30/cgi-bin/pubs/carlsonQLR01.pdf 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)]

==UNESCO==

'''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

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

'''Other Resources'''

* [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 UNESCO World Book and Copyright Day]
* [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.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://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 Copyright Innovation and UNESCO Powerpoint Presentation]
* [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 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
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'''

* [http://www.cilip.org.uk/ CILIP website]

==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.''

See also, "UNESCO"

'''Other Resources'''

* [http://portal.unesco.org/culture/en/ev.php-URL_ID=1814&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO website's text of Universal Copyright Convention]
* [http://www.copyrightservice.co.uk/copyright/p14_universal_copyright_convention UK copyright Serivce fact sheet on Universal Copyright Convention]
* [http://www.britannica.com/EBchecked/topic/618051/Universal-Copyright-Convention Britannica article on Universal Copyright Convention]
* [http://www.duhaime.org/LegalResources/IntellectualProperty/LawArticle-591/Universal-Copyright-Convention.aspx Legal information website on Universal Copyright Convention]
* [http://manybooks.net/titles/unitednationsother07Universal_Copyright_Convention.html Downloadable text of universal Copyright Convention]
* [http://unesdoc.unesco.org/images/0004/000444/044475Eb.pdf PDF of the draft report of the subcommitee of the intergovernmental committee of the Universal Copyright Convention]
* [http://books.google.com/books?id=OCGsutgMdPIC&pg=PA151&lpg=PA151&dq=universal+copyright+convention+analysis&source=bl&ots=JROw-agDOn&sig=bCuUXetLwC41KNJHUEzUa9cLe50&hl=en&ei=ONx5SumuF4m4M8fRmaMO&sa=X&oi=book_result&ct=result&resnum=5#v=onepage&q=&f=false Googgle Book excerpt: Intellectual property licensing By Richard Raysman, Edward A. Pisacreta, Kenneth A. Adler, Seth H. Ostrow]
* [http://en.wikipedia.org/wiki/Universal_Copyright_Convention Wikipedia article on Universal Copyright Convention]

==WIPO==

'''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.''

''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'''

* [http://www.wipo.int/portal/index.html.en WIPO homepage]
* [http://www.wipo.int/treaties/en/ WIO treaties page]
* [http://www.wipo.int/treaties/en/convention/ The page for the WIPO Convention]
* [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.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]

==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."''

See also, “moral rights”, “neighboring rights”, “fixation”, DMCA”

'''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/summary_wppt.html Summary of the WIPO Performances and Phonograms Treaty (WPPT) (1996)]
* [http://portal.unesco.org/culture/en/ev.php-URL_ID=15851&URL_DO=DO_PRINTPAGE&URL_SECTION=201.html Supplemental UNESCO page on WPPT]
* [http://books.google.com/books?id=_pJyKvyGlUoC&pg=PA165&lpg=PA165&dq=WIPO+Performances+and+Phonograms+Treaty+%28WPPT%29&source=bl&ots=QQkMs_bIk-&sig=loiRRI8ommcqBd71rJYKU2ByXAE&hl=en&ei=B955SoP-GZXYNp3LlaMO&sa=X&oi=book_result&ct=result&resnum=10#v=onepage&q=&f=false Google Book excerpt:Concise European copyright law By Thomas Dreier, P. B. Hugenholtz]
* [http://en.wikipedia.org/wiki/WIPO_Performances_and_Phonograms_Treaty Wikipedia article on WPPT]

==WTO – World Trade Organization==

'''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

''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”

'''Other resources'''

* [http://www.wto.org/ WTO website]
* [http://www.wto.org/english/thewto_e/whatis_e/inbrief_e/inbr00_e.htm The WTO in Brief]
* [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/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: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.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.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.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://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://jlis.glis.ntnu.edu.tw/ojs/index.php/jlis/article/download/416/416 Article: "Impact of WTO’s Copyright Protection to Library Operations & Academic Communications"]
* [http://ifl.sagepub.com/cgi/pdf_extract/29/2/141 Article: "TRIPS into the unknown: Libraries and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights]
* [http://fairuse.stanford.edu/primary_materials/regulations/fr092995.html Text of US Code of Federal Regulations: Restoration of Certain Berne and WTO Works]
* [http://libraryjuicepress.com/blog/?p=550 Article: "A Marxist Analysis of the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights"]
* [http://www.ifla.org/en/publications/the-ifla-position-on-the-world-trade-organization The IFLA Position on The World Trade Organization (available in Chinese, French and German]
* [http://archive.ifla.org/III/clm/p1/pos-wto.htm The IFLA Position on WTO Treaty Negotiations]

==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.''

See also “neighboring rights”, “transfer of rights”, “academic exception”

'''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/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.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.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://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.eff.org/deeplinks/2007/09/film-schools-teach-wrong-copyright-lesson EFF article: "Film Schools Teach Wrong Copyright Lesson"]
* [http://www.scribd.com/doc/1795117/EFF-ACM-copyright-FAQ-010806 Academy for Creative Media FAQ on the Student Copyright Agreement]
* [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]

Glossary

2009-08-26T01:48:55Z

Hollandof: /* Moral Rights */

Glossary

2009-08-26T01:48:36Z

Hollandof: /* Monopoly */

Glossary

2009-08-26T01:48:10Z

Hollandof: /* Material breach (of a contract) */

Glossary

2009-08-26T01:47:45Z

Hollandof: /* License */

Glossary

2009-08-26T01:47:04Z

Hollandof: /* Infringement */

Glossary

2009-08-26T01:46:50Z

Hollandof: /* “intellectual effort” */

Glossary

2009-08-26T01:46:32Z

Hollandof: /* Incentives */