(Cross-posted; please excuse duplication.) Trying to keep up with current issues in copyright law and licensing? The following e-letter on Copyright, Licensing & E-Commerce News can be received for free by e-mailing Lesley Ellen Harris at lesley@copyrightlaws.com Sincerely, Amritha amritha@copyrightlaws.com FROM THE OFFICES OF LESLEY ELLEN HARRIS Copyright, New Media Law & E-Commerce News __________________________________________________________________ __________________________________________________________________ Vol. 9, No. 1, March 3, 2005 ISSN 1489-954X Contents: 1. Studies, Legislation and Conventions: CCC Report Finds Employees Routinely Violate Copyright U.S. Copyright Office to Examine �Orphan Works� Israel to Legalize Private Copying Collective Copyright Management Introduced into China 2. Legal Cases: U.S. Supreme Court to Hear Grokster U.S. Court Finds Linking Violates Copyright Canadian Court Rules that MP3 Players Are Outside Private Copying Regime 3. Of Interest: Google & Research Libraries to Digitize Works German National Library Allowed to Copy Electronic Materials April 26 is World IP Day 4. Publications and Web sites: Spring 2005 Online Courses The Copyright & New Media Law Newsletter Certified Software Manager Seminar and Exam __________________________________________________________________ __________________________________________________________________ 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 2005 Lesley Ellen Harris. This newsletter may be forwarded, downloaded or reproduced in whole in any print or electronic format for non-commercial purposes provided that its author is acknowledged and that you cc: lehletter@copyrightlaws.com. This newsletter is archived with the National Library of Canada at: http://collection.nlc-bnc.ca/100/202/300/copyright-a/index.html __________________________________________________________________ __________________________________________________________________ 1. STUDIES, LEGISLATION AND CONVENTIONS: CCC REPORT FINDS EMPLOYEES ROUTINELY VIOLATE COPYRIGHT � The Copyright Clearance Center (�CCC�) recently issued a report on the use of electronic copyright-protected content in the workplace. Of 30,000 corporate employees surveyed, 70% of employees share electronic information from magazines, newspapers and newsletters with colleagues, on average 13 times per week, without realizing that their actions may violate copyright law. The report is at: http://www.copyright.com/media/pdfs/Digital_Workspace_Report.pdf U.S. COPYRIGHT OFFICE TO EXAMINE �ORPHAN WORKS� � The U.S. Copyright Office has announced an inquiry into works whose owners are difficult or impossible to locate, known as �orphan works�. According to the Copyright Office, �the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts or making such works available to the public.� Written comments from interested parties must be received on or before March 25, 2005. For more information, see: http://www.copyright.gov/fedreg/2005/70fr3739.html ISRAEL TO LEGALIZE PRIVATE COPYING � The Israeli Ministry of Justice has announced plans to amend the country�s copyright legislation to allow for private copying of music CDs. The copying must be done on stipulated types of media, and a fee will be levied on producers of recordable media. COLLECTIVE COPYRIGHT MANAGEMENT INTRODUCED INTO CHINA � Chinese law now includes a provision that rights such as broadcasting, duplication, and performance can be entrusted to collective management organizations for protection. The regulation came into force on March 1, 2005. __________________________________________________________________ __________________________________________________________________ 2. LEGAL CASES: U.S. SUPREME COURT TO HEAR GROKSTER � The Supreme Court announced in December that it is to hear the P2P piracy case, MGM v. Grokster. In August 2004, the Court of Appeals for the Ninth Circuit held that P2P services were not liable for their users� �file sharing� of copyright-protected music and movies. Oral arguments will likely take place spring 2005, with a ruling expected in July 2005. U.S. COURT FINDS THAT LINKING VIOLATES COPYRIGHT � In an unusual decision, a U.S. District Court held that linking to another Web site resulted in liability for copyright infringement, because the defendant had �extensive involvement� in the content of the linked-to site. In Bateseville Serv. Inc v. Funeral Depot Inc, the court acknowledged that mere linking is not usually a copyright violation, but held that because the defendant designed the allegedly infringing Web pages, paid for the pages, and controlled modifications to the pages, there was sufficient involvement that a reasonable jury could find the defendant liable for copyright infringement. CANADIAN COURT RULES THAT DIGITAL RECORDERS ARE OUTSIDE PRIVATE COPYING REGIME � The Federal Court of Appeal recently ruled that MP3 players are not subject to Canada�s private copying regime. The Copyright Board had previously held that the devices memory was �blank audio recording media�, and that MP3 manufacturers were therefore required to pay a levy under the private copying regime. The decision will likely be appealed to the Supreme Court of Canada. __________________________________________________________________ __________________________________________________________________ 3. OF INTEREST: GOOGLE & RESEARCH LIBRARIES TO DIGITIZE WORKS � Google has reached agreements with several research libraries to digitize the libraries� works and make them searchable on the Web. The agreement, reached with libraries including Harvard University, Oxford University and the New York Public Library, allows Google to publish the full text of works that are not subject to copyright, and to make short excerpts of copyright-protected works available online. GERMAN NATIONAL LIBRARY ALLOWED TO COPY ELECTRONIC MATERIALS � The German Federation of the Phonographic Industry and the German Booksellers and Publishers Association have agreed to allow the German national library (Deutsche Bibliothek) to legally circumvent copy protection mechanisms on electronic materials. The agreement, which covers CD-ROMs, videos, software and e-books, was made to allow the library to fulfill its legal obligation to collect and make available material for long-term archiving purposes. APRIL 26 IS WORLD IP DAY � The World Intellectual Property Organization (�WIPO�) has designated April 26, 2005 as World IP Day as part of its educational and public awareness activities. For more information, see http://www.wipo.int/ __________________________________________________________________ __________________________________________________________________ 4. PUBLICATIONS AND SEMINARS: SPRING 2005 ONLINE COURSES � Need to learn more about copyright law and licensing but never seem to have the time to attend a course or read an entire book on the topic? Copyrightlaws.com is offering online courses to guide you through the �copyright maze� to provide you with a strong understanding of copyright basics and managing your copyright and licensing issues. In spring 2005, there are four courses: ∑ Managing Copyright Issues ∑ U.S. Copyright Law ∑ Digital Licensing ∑ Canadian and International Copyright Law Courses last for eight weeks, and comprise 16 lessons, which are e-mailed directly to you. (Digital Licensing is 9 weeks, with 27 e-lessons). For more information, visit http://copyrightlaws.com or e-mail seminars@copyrightlaws.com. To register, go to http://www.acteva.com/go/copyright. THE COPYRIGHT & NEW MEDIA LAW NEWSLETTER: FOR LIBRARIES, ARCHIVES & MUSEUMS � This unique newsletter is entering into its ninth year of publication in 2005. This is a print newsletter published four times per year, with contributors and authors from around the world. If you would like to see a sample copy of this newsletter, email: libraries@copyrightlaws.com. Subscription information is at: http://copyrightlaws.com. CERTIFIED SOFTWARE MANAGER SEMINAR AND EXAM � This 6-hour in-person seminar covers compliance with copyright law, negotiating and managing software licenses, and managing software assets more efficiently. Completing the course and the final exam earns you a Certified Software Manager certificate from the Software & Information Industry Association. For upcoming dates and cities, email servicelogic@licenselogic.com, call 1-800-731-7023, or visit www.licenselogic.com (enter the promotion code CR05 for $50 off the seminar). __________________________________________________________________ __________________________________________________________________ This newsletter is prepared by Lesley Ellen Harris, a Copyright Lawyer and Consultant. Lesley is the author of the books Canadian Copyright Law (McGrawHill), Digital Property: Currency of the 21st Century, and Licensing Digital Content (ALA Editions). Lesley can be reached at lesley@copyrightlaws.com, and at http://copyrightlaws.com. __________________________________________________________________ __________________________________________________________________ This LEH-Letter issue was prepared with the help of Beth Davies. ______________________________________________________________________ Post your free ad now! http://personals.yahoo.ca
