A New Bog:
Those of you who follow this blog will know that I occasionaly post Lesley Harris’s excellent Newsletter The Copyright & News Media Law Newsletter, (latest issue posted below with permission) where she covers a wide range of topics from copyright and licensing to jobs for librarians. Although the Newsletter is by itself an ambitious undertaking, Leslie has now outdone herself by also launching a new blog, Copyrightlaws.com which, as you might expect, is about “copyright, licensing and digital property”. I have been following the blog since she launched it a few months ago: it is a nice complement to her newsletter. I especially like the Questions and Answers feature. You can see the blog at http://copyrightlaws.com.
David Badertscher
The Copyright & New Media Law Newsletter Vol. 14 No. 5 October 11, 2010.
ISSN 1489-954X
Contents:
1. Studies, Legislation and Conventions
Inquiry on Copyright Policy
Report on Legal Implications of News Aggregation
The State of Recorded Sound Preservation Report
2. Legal Cases:
Vernor v. Autodesk Decision Overturned
Georgia State University Update
Beatles v. Beatles Lawsuit
3. Of Interest:
Looking for a Job in Copyright?
4. Seminars and Publications:
Write Your Own Copyright Policy
Webinar for Librarians, Publishers and Vendors
__________________________________________________________________
__________________________________________________________________
Copyright, New Media & E-Commerce News is distributed for free by the office
of Lesley Ellen Harris. Information contained herein should not be relied upon or
considered as legal advice. Copyright 2010 Lesley Ellen Harris. This e-letter may
be forwarded, downloaded or reproduced for non-commercial purposes provided
that you cc: lehletter@copyrightlaws.com.
This e-letter, from 1996 to the present, is archived with Library & Archives
Canada at http://epe.lac-bac.gc.ca/100/201/300/copyright/.
__________________________________________________________________
__________________________________________________________________
1. STUDIES, LEGISLATION AND CONVENTIONS:
INQUIRY ON COPYRIGHT POLICY – The U.S. Patent and Trademark Office
is conducting a comprehensive review of the relationship between availability and
protection of online copyright-protected works and innovation in the internet
economy. Public comments are being sought by November 19, 2010. See
http://www.federalregister.gov/articles/2010/10/05/2010-24863/inquiry-on-
copyright-policy-creativity-and-innovation-in-the-internet-economy.
REPORT ON LEGAL IMPLICATIONS OF NEWS AGGREGATION – The
Berkman Center for Internet & Society published a white paper that discusses hot
news misappropriation and copyright infringement claims against news
aggregators. The paper also provides “best practices” for using online third-party
content. See http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1670339.
THE STATE OF RECORDED SOUND PRESERVATION REPORT – The U.S.
Council on Library and Information Resources and The Library of Congress
recently published this report. The report discuss various relevant intellectual
property issues. See http://www.clir.org/pubs/abstract/pub148abst.html.
_________________________________________________________________
__________________________________________________________________
2. LEGAL CASES:
VERNOR V. AUTODESK DECISION OVERTURNED – The U.S. Court of
Appeals for the Ninth Circuit has strengthened the position of copyright owners
who license their works that are in turn sold to others. The Ninth Circuit
concluded in Vernor v. Autodesk that an agreement is a license (and not an
assignment) where the copyright owner specified that the user is granted a license,
significantly restricts the user’s ability to transfer the work, and imposes notable
use restrictions. See http://caselaw.findlaw.com/summary/opinion/us-9th-
circuit/2010/09/10/251923.html.
GEORGIA STATE UNIVERSITY UPDATE – Judge Orinda Evans of the
Federal District Court (Atlanta) has ruled on the cross motions for summary
judgment in the infringement lawsuit by three publishers against Georgia State
University. The case centers on the use of course readings for students via e-
reserves and the campus course management system. See judgment at
http://docs.justia.com/cases/federal/districtcourts/georgia/gandce/1:2008cv01425/
150651/235/.
BEATLES V. BEATLES LAWSUIT – The Nevada-based Fab Four is suing
another Beatles tribute band, The Fab 4 of Colorado. The Nevada group is
claiming that the defendants are trading on their reputation and success and are
asking the court to stop the Fab 4 from using any trademark that sounds like “Fab
Four” and is also seeking monetary damages.
__________________________________________________________________
__________________________________________________________________
3. OF INTEREST:
LOOKING FOR A JOB IN COPYRIGHT? – Job listings in copyright and
licensing (many for nonlawyers) are now listed at
http://www.copyrightlaws.com/job-opportunities-in-copyright-licensing/.
_________________________________________________________________
__________________________________________________________________
4. SEMINARS AND PUBLICATIONS:
WRITE YOUR OWN COPYRIGHT POLICY – October 18, 2010 is the start date
for the online course, Developing A Copyright Policy. This is an assignment-
based course in which participants draft a copyright compliance policy/guidelines.
Register at www.acteva.com/go/copyright.
WEBINAR FOR LIBRARIANS, PUBLISHERS AND VENDORS – November
9, 2010 is a free webinar on How Copyright Affects Librarians, Publishers and
Vendors. Register at
http://www.sla.org/content/learn/certificates/copyright/copyrightprogram/CCMOp
enHouse.cfm. This is the prelude to the 7-course certificate in copyright
management offered by SLA and Copyrightlaws.com.
__________________________________________________________________
__________________________________________________________________
This newsletter is prepared by Copyright Lawyer Lesley Ellen Harris. Lesley is
the author of the books Canadian Copyright Law, 3rd ed. (McGraw-Hill), Digital
Property: Currency of the 21st Century (McGraw-Hill), Licensing Digital Content:
A Practical Guide for Librarians, 2nd ed. (ALA Editions), and A Canadian
Museum’s Guide to Developing a Licensing Strategy (Canadian Heritage
Information Network). Lesley edits the print newsletter, The Copyright & New
Media Law Newsletter. Lesley may be reached at www.copyrightlaws.com.
__________________________________________________________________
__________________________________________________________________
If you are looking for further topical and practical information about copyright
law, obtain a sample copy of the quarterly print or PDF newsletter, The Copyright
& New Media Law Newsletter, from editor@copyrightlaws.com.