Copyright
May 04, 2008
* Federal Court Decides License Fees to Be Paid to ASCAP by AOL, RealNetworks and Yahoo!

ASCAP news release: "The United States District Court for the Southern District of New York today made public a decision in the proceeding to determine reasonable license fees to be paid to the American Society of Composers, Authors and Publishers (ASCAP) by AOL (Time Warner Inc., RealNetworks Inc. and Yahoo! Inc. for their online performance of musical works.

The decision covers license fees for periods starting as far back as July 1, 2002, and continuing through December 31, 2009, for the performance of musical works in the ASCAP repertory by AOL, RealNetworks and Yahoo! Based on the formula established by the Court, the total payments to be made to ASCAP and its membership by these three services for that full period could reach $100 million. The Court's comprehensive 153 page decision was based on extensive evidence presented by both sides in the case regarding the online performance of musical works by AOL, RealNetworks and Yahoo!"

April 27, 2008
* Orphan Works Act of 2008 Introduced in House and Senate

The Orphan Works Act of 2008 (HR 5889 and S 2913) "attempts to create a system where new creators can use old works without fear of massive lawsuits, provided that a good faith effort has been made to find out if the work in question is copyrighted." [Link]

April 06, 2008
* Study Group Issues Report Recommending Changes in Copyright Law to Reflect Digital Technologies

"After nearly three years of intensive work, the independent Section 108 Study Group has issued its report and recommendations on exceptions to copyright law to address how libraries, archives and museums deal with copyrighted materials in fulfilling their missions in the digital environment...Section 108 is the section of the Copyright Act that provides limited exceptions for libraries and archives so that they may make copies to replace copyrighted works in their collections when necessary, preserve them for the long term and make them available to users."

  • The Section 108 Study Group Report, An Independent Report sponsored by the United States Copyright Office and the National Digital Information Infrastructure and Preservation Program of the Library of Congress, March 2008
  • Executive Summary
  • March 15, 2008
    * IDC's Worldwide Software Pricing and Licensing Taxonomy and Report Guide, 2008

    IDC's Worldwide Software Pricing and Licensing Taxonomy and Report Guide, 2008, Mar 2008, Doc #210950: "This IDC study defines the classification scheme, or taxonomy, used by IDC's Global Software Business Strategies group to analyze the software licensing strategies of vendors and requirements of end-user organizations. IDC's software pricing and licensing taxonomy represents a fundamental view of the way software is created, priced, sold, and supported."

    February 24, 2008
    * Primary Sources on Copyright, 1450-1900

    copyrighthistory.org: "This website provides a digital resource relating to the history of copyright in five jurisdictions (France, Germany, Italy, the UK and US) for the period up to 1900. It will include the 50 most important documents from France, Germany and the UK, and the 20 most important from Venice and the United States. The documents are in the process of being selected by national editors, under the guidance of an international advisory body. They will then be digitised, and where appropriate transcribed and translated. The national editors will also provide commentaries on the documents, explaining their significance and why they were selected." [Fred von Lohmann, EFF]

    February 12, 2008
    * Non Profit Releases Free Library of Federal Case Law

    Creative Commons and Public.Resource.Org announced [February 11, 2008] that the first revision of a substantial corpus of U.S. federal case law is available for download by developers. The files are all clearly marked with the new Creative Commons CCŘ label, indicating that the contents are Works of the United States Government and are thus free of copyright or other restrictions for their dissemination and reuse. Developers may access this information here. [This] release covers all U.S. Supreme Court decisions and all Courts of Appeals
    decisions from 1950 on. The release is equivalent to 1,858 volumes of case law in book form, a stack of books 348 feet tall. The files have all been converted to the XHTML standard and make extensive use of
    CSS style sheets to allow developers to build new search engines and user interfaces."

    February 09, 2008
    * Impact of Google Book Search Has Many Dimensions

    Google Book Search: The Good, the Bad, & the Ugly, 1/1/2008, By Dian Schaffhauser, Campus Technology.

  • "Forget everything you believe about Google's book digitization project. Once you get past the freakishly high numbers bandied about, the two-dozen-plus distinguished institutions that have signed on, the legal paranoia and the ultra-ultra-secret processes and technologies involved-you'll find that Book Search (from the fifth most valuable company in America) is simply another high-cost effort that is simultaneously visionary and crude. It doesn't even have to succeed in order to impact the transformation of scholarship activities."

  • February 06, 2008
    * Public Interest Groups Publish Position Paper on Threat Posed By Inflated Statutory Damages

    The Threat Posed By Inflated Statutory Damages, Comments on the January 25, 2008 Meeting Hosted by the Copyright Office: "The PRO IP Act (H.R. 4279) proposes to weaken the long-established “one work” rule, which today imposes a measure of certainty on how copyright statutory damages are calculated. Under current law, a copyright plaintiff may seek up to $150,000 per work infringed. In the case of compilations, the one work rule recognizes that the compilation is being marketed as one work, although it may in fact consist of multiple components. Section 104 of the PRO IP Act seeks to undo a central underpinning of statutory damages: ensuring that the damages award for infringement of a compilation does not result in catastrophic multiple awards through a separate award for each component of that compilation. For example, current law authorizes a statutory damages award of up to $150,000 for a single infringement of a magazine containing 100 photos, or a software application containing 100 modules. The proposed changes in Section 104 would allow a plaintiff to claim up to $15 million for the same act of infringement."

    February 03, 2008
    * University of Michigan's Library Puts Millionth Book From its Collection Online

    "The University of Michigan's University Library has just put the millionth book from its collection on-line. That's one million out of the 7.5 million volumes in the library's current holdings. Digitized materials are made available publicly via the Mirlyn library catalog and MBooks. MBooks provides full text of works that are in the public domain, creating new ways for users to search and access U-M Library content. Materials that are currently in copyright are available for searching on-line, allowing users to assess the contents of a book before deciding whether to purchase it or borrow it from the library."

  • New guide available: Google Book Search Tips. Google Book Search will help you find books digitized in the Michigan Digitization Project (MBooks) and Google's partnerships with other libraries around the world. Our new guide provides tips for searching Google Book Search, including how to download full-text books, how to locate a physical copy of books that are only available in snippet view, and how to identify what volume and issue of a journal when it is unclear in your search results."
  • January 22, 2008
    * Publishers Announce Agreements With Universities on New Copyright Guidelines for Course Content in Digital Formats

    Press release: "The Association of American Publishers (AAP) today announced that three universities - [text of the guidelines linked as follows] Hofstra, Syracuse and Marquette — have reached agreement with the AAP on new copyright guidelines affirming that educational content delivered to students in digital formats should be treated under the same copyright principles that apply to printed materials. The guidelines, which were developed separately by the three universities, govern how librarians and faculty members distribute copyrighted content through library electronic course reserves systems, course management systems, faculty and departmental web pages and other digital formats. AAP worked with each of the three universities in cooperative efforts to establish easily understood and common-sense standards that help faculty and staff understand and interpret their rights and responsibilities when using copyrighted content in educational settings. Each of the guidelines reflects the specific needs of the particular university and is consistent with the principles of fair use while providing helpful guidance as to when permission from the copyright holder is required to copy or post materials in digital formats. AAP believes the guidelines, which are similar to those adopted by Cornell University last year, will serve as models for others colleges and universities."

    January 09, 2008
    * Pew Survey Reports Increased Use of Video-Sharing Sites

    Pew Internet Project Data Memo, Video Sharing Websites, January 9, 2008: "The audience for YouTube and other internet video sites has risen sharply the past year. Nearly half of online adults now say they have visited such sites. On a typical day at the end of 2007, the share of internet users going to video sites was nearly twice as large as it had been at the end of 2006."

    January 05, 2008
    * New Study on Copyright and Creativity from the Center for Social Media

    New Study on Copyright and Creativity from the Center for Social Media, Posted by Hugh DAndrade: "Free video hosting sites like YouTube, Yahoo! Video, and Daily Motion are enabling creators to share video instantly with millions of viewers around the world. A new report from the Center for Social Media takes a close look at these user generated sites, and finds that there is much more at stake than the SNL and Daily Show clips often referenced in the usual Viacom v. YouTube debates on copyright infringement. Recut, Reframe, Recycle shows that far from simply uploading content, more and more users are remixing prior works to create new (and often surprising) works of transformative creativity. Users are borrowing from film, television, and pop culture at large to create parodies and satires, commentaries, pastiche, quotations, as well as archives of important work that cannot be shown due to copyright restriction. By illustrating each category with some of the best examples of user-generated content from the past few years, the study attempts to clarify "the difference between quoting for new cultural creation and simple piracy."

    December 26, 2007
    * CDT Posts Music Download "Warning List"

    "CDT has created a list to alert consumers about music download Web sites that charge fees and claim a large selection, but do not appear to have obtained licenses to ensure that users' downloads from the site are legal. Consumers looking to download music lawfully for the new computers and MP3 players they receive this holiday season may want to check CDT's list before paying money to unfamiliar but legitimate-looking music services. CDT hopes that warning consumers about these sites can help avoid confusion and promote the continued growth of the lawful online music market."

  • Music Download Warning List, December 26, 2007
  • November 21, 2007
    * Breaking Down Digital Barriers: When and How ICT Interoperability Drives Innovation

    This series is a project of the Berkman Center for Internet & Society at Harvard Law School and Research Center for Information Law at University of St. Gallen. Authors, John Palfrey and Urs Gasser.

  • Breaking Down Digital Barriers White Paper

  • Case Study: DRM-protected Music Interoperability and eInnovation

  • Case Study: Digital Identity Interoperability and eInnovation

  • Case Study: Mashups Interoperability and eInnovation
  • November 11, 2007
    * Language Included in Higher Education Bill Includes Requirements for Universities to Deter P2P Sharing

    Democrats: Colleges must police copyright, or else, by Anne Broache, News.com: "New federal legislation says universities must agree to provide not just deterrents but also "alternatives" to peer-to-peer piracy, such as paying monthly subscription fees to the music industry for their students, on penalty of losing all financial aid for their students. The U.S. House of Representatives bill (747 pages, PDF), which was introduced late Friday by top Democratic politicians, could give the movie and music industries a new revenue stream by pressuring schools into signing up for monthly subscription services such as Ruckus and Napster. Ruckus is advertising-supported, and Napster charges a monthly fee per student."

  • University Leaders Urge House Legislators Not to Add a P2P Provision in HEA Reauthorization, November 7, 2007
  • November 07, 2007
    * Leahy, Cornyn Introduce Bill To Step Up Enforcement Of Laws That Protect America’s Intellectual Property

    Press release: "Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Committee member Sen. John Cornyn (R-Texas) Wednesday introduced bipartisan legislation to strengthen U.S. government efforts to combat copyright infringement and counterfeiting at home and abroad. The Judiciary Committee Wednesday also held a hearing today, Examining U.S. Government Enforcement of Intellectual Property Rights. The Intellectual Property Enforcement Act introduced Wednesday by Leahy and Cornyn would strengthen law enforcement capabilities and resources in thwarting copyright theft. The bill [Section-By-Section Analysis] would give civil copyright enforcement powers to the Attorney General and the Department of Justice, and it would authorize additional funding to investigate and prosecute intellectual property crimes involving computers and the Internet. The bill also requires the Federal Bureau of Investigation to assign a minimum of 10 agents to work on intellectual property crimes, and it classifies both the importation and exportation of pirated works as infringement."

    October 31, 2007
    * Fair Use Advocates Issue Principles for Protecting Online Videos

    Press release: "Online video-hosting services like YouTube have ushered in a new era of free expression online, as well as vigorous copyright enforcement efforts. Today, the Electronic Frontier Foundation (EFF) and a coalition of leading public interest groups issued a "Fair Use Principles" document that sets out six concrete guidelines designed to minimize the collateral damage that copyright enforcement efforts may inflict on video creators who are "remixing" copyrighted material into new video
    creations."

  • Fair Use Principles for User-Generated Video Content
  • October 22, 2007
    * YouTube Video Launches Identification Beta

    YouTube Video Identification Beta: "YouTube Video Identification will help copyright holders identify their works on YouTube. We have worked with Google to develop one-of-a-kind technology that can recognize videos based on a variety of factors. As its Beta status indicates, our Video Identification is brand-new, cutting-edge stuff, so we will be constantly refining and improving it. Early tests with content companies have shown very promising results. As we scale and refine our system, YouTube Video Identification will be available to all kinds of copyright holders all over the world, whether they want their content to appear on YouTube or not."

    October 18, 2007
    * Industry Coalition Issues Copyright Principles for User Generated Content Services

    Press release: Several of the world’s leading Internet and media companies today announced their joint support for a set of collaborative principles that enable the continued growth and development of user-generated content online and respect the intellectual property of content owners. The principles serve as a comprehensive set of guidelines to help user-generated content (UGC) services and content creators work together towards their collective goal of bringing more content to more consumers through legitimate channels. The principles acknowledge a collective respect for protecting copyrights and recognize that filtering technologies must be effective and are only a part of what is necessary to achieve this goal. The companies supporting these principles include CBS Corp., Dailymotion, Fox Entertainment Group, Microsoft Corp., MySpace, NBC Universal, Veoh Networks Inc., Viacom Inc. and The Walt Disney Company."

  • Copyright Principles for UGC Services
  • October 08, 2007
    * Copyright Office Announces Customized Email Subscription Services

    "The Copyright Office is pleased to announce that it has implemented a new email subscription service to make it easier to receive messages on the topics that interest you. This service is an expansion and replacement of the existing NewsNet newsletter. At this time, we are offering three topics:

  • “What's New at the Copyright Office,” which alerts subscribers to general copyright-related news and additions to our website

  • "Licensing,” which provides updates on regulations and procedures for compulsory and statutory licenses and

  • “Legislative Developments,” which alerts users to copyright-related bills introduced in Congress or enacted into law."
  • September 12, 2007
    * Fair Use Economy Represents One-Sixth of U.S. GDP

    "Fair Use exceptions to U.S. copyright laws are responsible for more than $4.5 trillion in annual revenue for the United States, according to the findings of an unprecedented economic study released today. According to the study commissioned by the Computer and Communications Industry Association (CCIA) and conducted in accordance with a World Intellectual Property Organization methodology, companies benefiting from limitations on copyright-holders’ exclusive rights, such as “fair use” – generate substantial revenue, employ millions of workers, and, in 2006, represented one-sixth of total U.S. GDP. The exhaustive report, released today at a briefing on Capitol Hill, quantifies for the first time ever the critical contributions of fair use to the U.S. economy. The timing proves particularly important as the debates over copyright law in the digital age move increasingly to center stage on Capitol Hill."

  • Fair Use in the U.S. Economy - Economic Contribution of Industries Relying on Fair Use, September 2007 (45 pages, PDF)
  • September 03, 2007
    * EFF Report - RIAA v. The People: Four Years Later

    Press release: "In a report released [August 29, 2007]...the Electronic Frontier Foundation (EFF) provides the only comprehensive look at the four-year litigation campaign waged by the RIAA against music fans. The report traces the RIAA campaign from its beginnings in 2003 against a handful of students at Princeton, Rensselaer Polytechnic, and Michigan Tech to the current spate of "pre-litigation settlement" letters being sent to universities nationwide."
    EFF Report - RIAA v the People: Four Years Later (25 pages, PDF)

  • EFF website on Intellectual Property
  • August 16, 2007
    * Anti-Piracy Program Copyright Case on Info Packet Distribution to Employees Settles

    Knowledge Networks pays $300,000 to settle internal copyright complaint - "Firm's marketing group distributed press packets to employees containing newspaper and magazine articles under copyright."

    August 11, 2007
    * Federal Judge Rules Novell Owns Copyright to Unix

    Memorandum and Decision Order in SCO v. Novell, Civil Case No. 2:04CV139DAK, Dale A. Kimball, United States District Judge, U.S. Distrcit Court for the District of Utah, Central Division, August 10, 2007. (102 pages, PDF - via Groklaw]

  • BACKGROUND - "The SCO Group, Inc. ("SCO") began this action in state court asserting a single cause of action against Novell, Inc. ("Novell") for slander of title based on public statements Novell made claiming that it had retained the UNIX and UnixWare copyrights when it sold certain assets of its UNIX and UnixWare business to SCO's predecessor in interest. After Novell removed the case to this court, the parties proceeded to add several claims and counterclaims to the action. SCO added claims for breach of the parties' Asset Purchase Agreement and Technology License Agreement, specific performance, copyright infringement, and unfair competition. Novell added counterclaims against SCO for slander of title, breach of the Asset Purchase Agreement, declaratory relief regarding the parties' rights and obligations under the Asset Purchase Agreement, restitution/unjust enrichment, and accounting.

  • CONCLUSION: ...court concludes that Novell is the owner of the UNIX and UnixWare copyrights. Therefore, SCO's First Claim for Relief for slander of title and Third Claim for Relief for specific performance are dismissed, as are the copyright ownership portions of SCO's Fifth Claim for Relief for unfair competition and Second Claim for Relief for breach of the implied covenant of good faith and fair dealing. The court denies SCO's cross-motion for summary judgment on its own slander of title, breach of contract, and unfair competition claims, and on Novell's slander of title claim. Accordingly, Novell's slander of title claim is still at issue.

    The court also concludes that, to the extent that SCO has a copyright to enforce, SCO can simultaneously pursue both a copyright infringement claim and a breach of contract claim based on the non-compete restrictions in the license back of the Licensed Technology under APA and the TLA. The court further concludes that there has not been a change of control that released the non-compete restrictions of the license, and the non-compete restrictions of the license are not void under California law. Accordingly, Novell's motion for summary judgment on SCO's non-compete claim in its Second Claim for breach of contract and Fifth Claim for Relief for unfair competition is granted to the extent that SCO's claims require ownership of the UNIX and UnixWare copyrights, and denied in all other regards."

  • July 06, 2007
    * German Parliament Passes New Copyright Act

    "On Thursday [July 5, 2007], a majority of the members of the Bundestag from the governing grand coalition and the FDP voted in favor of the government's controversial proposal (PDF file) for a second version of the country's Copyright Act for the Information Society, which includes the amendments proposed by the parliament's legal committee. [via heise online]

    May 01, 2007
    * Google Responds to Viacom's Complaint

    Google's response [via Google Watch] to Viacom's copyright infringement lawsuit against YouTube.

    April 22, 2007
    * Content Managment Technology Used for Online Video Copyright Infringement

    WSJ free feature: Policing Web Video With 'Fingerprints' - Sharing Sites Say Technology Could Help Them Identify, Remove Unauthorized Clips: "Proponents of fingerprinting technology say it can help spot TV shows and films that are posted on video-sharing sites such as Google Inc.'s YouTube without their owners' permission, so the sites can remove them or share advertising revenue."

    April 20, 2007
    * EU Report on Digital Preservation, Orphan Works and Out-of-Print Works

    "The Report on Digital Preservation, Orphan Works and Out-of-Print Works, Selected Implementation Issues is an advisory report on copyright issues to the European Commission, presented on 19 April by the EU's High Level Expert Group on Digital Libraries - which includes, inter alia, stakeholders from the British Library, the Deutsche Nationalbibliothek, the Federation of European Publishers and Google."

  • "The EU's High Level Expert Group on Digital Libraries - which includes, inter alia, stakeholders from the British Library, the Deutsche Nationalbibliothek, the Federation of European Publishers and Google - will present this afternoon an advisory report on copyright issues to the European Commission. In addition, the group will discuss today how to ensure more open access to scientific research and how to improve public-private cooperation. The work of the High Level Group is part of the European Commission's efforts to make Europe's rich cultural and scientific heritage available online. For this purpose, the group advises the Commission on issues regarding digitisation, online accessibility and digital preservation of cultural material."

  • Report on Digital Preservation, Orphan Works and Out-of-Print Works, Selected Implementation Issues

  • Annex: Model agreement for a licence on digitisation of out of print works
  • April 06, 2007
    * Google and Agence France-Presse Settle Copyright Lawsuit

    Agence France-Presse CEO Pierre Louette commenting in a press release today: "The agreement will allow uses of AFP's content in ways that go beyond its typical use of content in Google's services, which features just headlines and snippets of text to provide just a taste of what an article offers..."

    April 04, 2007
    * Stanford Launches Database of Copyright Renewal Records

    "The Copyright Renewal Database makes searchable the copyright renewal records received by the US Copyright Office between 1950 and 1993 for books published in the US between 1923 and 1963. Note that the database includes ONLY US Class A (book) renewals. The period from 1923-1963 is of special interest for US copyrights, as works published after January 1, 1964 had their copyrights automatically renewed by the 1976 Copyright Act, and works published before 1923 have generally fallen into the public domain. Between those dates, a renewal registration was required to prevent the expiration of copyright, however determining whether a work's registration has been renewed is a challenge. Renewals received by the Copyright Office after 1977 are searchable in an online database, but renewals received between 1950 and 1977 were announced and distributed only in a semi-annual print publication. The Copyright Office does not have a machine-searchable source for this renewal information, and the only public access is through the card catalog in their DC offices."

    March 22, 2007
    * Hearing on Reforming Section 115 of the Copyright Act for the Digital Age

    House Judiciary Committee Hearing on “Reforming Section 115 of the Copyright Act for the Digital Age,” March 22, 2007.

  • Statement of Marybeth Peters, Register of Copyrights U.S. Register of Copyrights, Washington, DC

  • March 13, 2007
    * Viacom Files Copyright Infringement Lawsuit Against YouTube

    FindLaw: Viacom Files Copyright Infringement Lawsuit Against YouTube and Google Over Unauthorized Use Of The Company's Shows: Viacom International, Inc. v. YouTube, Inc., YouTube, LLC, and Google, Inc., March 13, 2007.

  • Viacom statement: Suit Seeks Court Ruling To Require YouTube And Google To Comply With Copyright Laws And Pay $1 Billion In Damages

  • Google statement: "We are confident that YouTube has respected the legal rights of copyright holders and believe the courts will agree. YouTube is great for users and offers real opportunities to rights holders: the opportunity to interact with users; to promote their content to a young and growing audience; and to tap into the online advertising market. We will certainly not let this suit become a distraction to the continuing growth and strong performance of YouTube and its ability to attract more users, more traffic and build a stronger community."

  • Update: New York Times Op-Ed: Make Way for Copyright Chaos, By Lawrence Lessig, Published: March 18, 2007 - "Last week, Viacom asked a federal court to order the video-sharing service YouTube to pay it more than $1 billion in damages for some 150,000 videos that Viacom claims it owns and YouTube users have shared. “YouTube,” the complaint alleges, “has harnessed technology to willfully infringe copyrights on a huge scale,” threatening not just Viacom, but “the economic underpinnings of one of the most important sectors of the United States economy.”"
  • March 11, 2007
    * Copyright Royalty Board Determination of Rates and Terms for Webcasting for the License Period 2006-2010

    Now available: Determination of Rates and Terms for Webcasting for the License Period 2006-2010 in [Docket No. 2005-1 CRB DTRA] Digital Performance Right in Sound Recordings and Ephemeral Recordings (155 pages, PDF)

  • Computerworld - Will a recently approved increase in music royalty fees for Internet radio operators kill online radio? "The answer is yes, according to operators of Internet radio stations who are railing against a March 2 decision to increase music royalty fees for Web radio operators."

  • InternetNews.com - Webcasters Plan Legal Action Over Rates: "Lawyers for National Public Radio (NPR) and the Corporation for Public Broadcasting (CPB) are in Washington this week, planning legal action aimed at overturning a ruling from US Copyright Royalty Judges which raised royalty fees for webcasters high enough for some to predict the demise of Internet radio."
  • March 09, 2007
    * HHMI and Elsevier Announce Public Access Agreement

    Press release: "The Howard Hughes Medical Institute (HHMI) and Elsevier have established an agreement to make author manuscripts of articles published in Elsevier and Cell Press journals publicly available six months following final publication. It takes effect for articles published after September 1, 2007...Elsevier will deposit author manuscripts of original research articles, along with an article's supplemental data, on which any HHMI scientist is an author - including HHMI investigators, group leaders and fellows at the Janelia Farm Research Campus, and other institute employees - to PubMed Central (PMC), the digital archive of biomedical and life sciences literature maintained by the National Institutes of Health. The author manuscript has been through the peer review process and accepted for publication, but has not undergone editing and formatting."

    March 07, 2007
    * C-SPAN Announces Copyright Policy Liberalization

    Press release: "Advancing its longstanding mission of bringing government closer to the people, C-SPAN announced today two major initiatives designed to greatly expand citizen access to its online video of federal government activities, such as congressional hearings, agency briefings, and White House events...[thanks to Peggy Garvin]

  • C-SPAN is introducing a liberalized copyright policy for current, future, and past coverage of any official events sponsored by Congress and any federal agency-- about half of all programming offered on the C-SPAN television networks--which will allow non-commercial copying, sharing, and posting of C-SPAN video on the Internet, with attribution.

  • In addition, C-SPAN also announced plans to significantly build out its capitolhearings.org website as a one-stop resource for Congressionally-produced webcasts of House and Senate committee and subcommittee hearings."

  • From Speaker Pelosi's blog: "As a strong advocate for open and transparent government, I am pleased that C-SPAN is expanding access with “Creative Commons” licensing to its extensive video coverage of federal government activities. The House of Representatives is called the People’s House for a reason and as Speaker, I am committed to ensuring our government is fully accessible and transparent. This decision, along with our work to webcast committee hearings, is a solid start."

  • AP: C-SPAN Alters Copyright Over Pelosi Flap
  • March 05, 2007
    * USPTO Report Finds Inadvertent Filesharing Threatens Personal, Government and Corporate Data

    Press release: "...the Department of Commerce's United States Patent and Trademark Office (USPTO) released a report that concludes that the distributors of five popular filesharing programs repeatedly deployed features that they knew or should have known could cause users to share files inadvertently. The report, Filesharing Programs and "Technological Features to Induce Users to Share, identifies five features in recent versions of five popular filesharing programs that could cause users to inadvertently distribute to others downloaded files or their own proprietary or sensitive files. "Computer programs that can cause unintended filesharing contribute to copyright infringement, and they threaten the security of personal, corporate, and governmental data," noted Jon Dudas, under secretary of commerce for intellectual property-the Bush Administration's point person on copyright policy."

    February 28, 2007
    * RIAA Launches New Initiatives Targeting Campus Music Theft

    RIAA press release: "The recording industry today launched a new and strengthened campus anti-piracy initiative that significantly expands the scope and volume of its deterrent efforts while offering a new process that gives students the opportunity to avoid a formal lawsuit by settling prior to a litigation being filed. The Recording Industry Association of America (RIAA), on behalf of the major record companies, today sent 400 pre-litigation settlement letters to 13 different universities. Each letter informs the school of a forthcoming copyright infringement lawsuit against one of its students or personnel. The RIAA will request that universities forward those letters to the appropriate network user. Under this new approach, a student (or other network user) can settle the record company claims against him or her at a discounted rate before a lawsuit is ever filed."

    * Reps. Boucher and Doolittle Introduce the FAIR USE Act of 2007

    Press release: "U.S. Representatives Rick Boucher (D-VA) and John Doolittle (R-CA), today introduced the Freedom And Innovation Revitalizing U.S. Entrepreneurship Act of 2007 (FAIR USE Act) to protect the fair use rights of users of copyrighted material and thereby enable consumers of digital media to use it in ways that enhance their personal convenience. The legislation contains several improvements to the Digital Media Consumer's Rights Act, similar legislation which the lawmakers introduced in the 108th and 109th Congresses. Congresswoman Zoe Lofgren (D-CA) is an original cosponsor of the legislation."

    * Fair Use Project Helps Launch Initiative For Documentary Filmmakers

    Press Release: "The Fair Use Project of the Center for Internet & Society at Stanford Law School announced that it has teamed with Media/Professional Insurance and leading intellectual property attorney Michael Donaldson to provide critical support for documentary filmmakers who rely on the “fair use” of copyrighted material in their films...In order to help solve this problem, the Fair Use Project has announced that it will agree to provide pro bono legal representation to certain filmmakers who comply with the Documentary Filmmakers’ Statement of Best Practices in Fair Use published by the Center for Social Media at American University." [via Darlene Fichter]

    February 13, 2007
    * Belgian Court Rules Against Google in Copyright Case

    Follow up to previous postings on a legal dispute between a group of Belgian newspaper sites and Google over removal of copyrighted materials from the search engine index, news today that the court reaffirmed its decision against Google.

  • Google Official Blog: "Here's a quick summary of the case: Copiepresse represents a number of newspapers in Belgium. It sued Google last August claiming that our search engine and news site breached these publications' copyright. In September, the court ruled in favor of Copiepresse, ordering us to remove these publishers' content from both Google.be and Google News. We complied with that order and also posted the ruling to both home pages."

  • Search Engine Land has additional background on the case and on Google's response.
  • February 11, 2007
    * Former NASA Engineer Leads Google Book Search Project

    Google's Moon Shot, by JEFFREY TOOBIN - The quest for the universal library. New Yorker, Posted 2007-01-29

  • "Every weekday, a truck pulls up to the Cecil H. Green Library, on the campus of Stanford University, and collects at least a thousand books, which are taken to an undisclosed location and scanned, page by page, into an enormous database being created by Google. The company is also retrieving books from libraries at several other leading universities, including Harvard and Oxford, as well as the New York Public Library. At the University of Michigan, Google’s original partner in Google Book Search, tens of thousands of books are processed each week on the company’s custom-made scanning equipment...The chief engineer of Google’s system for scanning books in the library collections is Dan Clancy, who joined the company after eight years at NASA, where he supervised teams of Ph.D.s. working on problems related to artificial intelligence."

  • Related postings on the Google Library Project
  • February 06, 2007
    * Hearing on Oversight of Recent EPA Decisions

    "This morning, February 6, 2007, ALA President Leslie Burger testified before the U.S. Senate Environment and Public Works Committee, chaired by Senator Barbara Boxer (D-CA), concerning the recent closure of several libraries in the Environmental and Protection Agency (EPA). Link to Burger’s full testimony.

  • "As one recently retired EPA librarian described it," Burger said in her testimony, "the EPA libraries have been functioning like a virtual National Library on the Environment. Now that some of these regional libraries and the pesticide library are closed, key links have been removed from the chain, thus weakening the whole system...Without more detailed information about the EPA's digitization project, we cannot assess whether they are digitizing the most appropriate materials, whether there is appropriate metadata or cataloging to make sure that people can access the digitized materials, and that the technology that will be used to host the digital content and the finding software meets today's standards."

  • Related postings on EPA library closures
  • January 24, 2007
    * Global Anti-Counterfeiting and Piracy Initiative

    "Counterfeiting and piracy costs U.S. companies between $200-$250 billion a year and roughly 750,000 jobs to date. Nearly all industries are being affected, from apparel and footwear, high-tech industrial goods, medicines, autos and auto parts, food and beverages, and cosmetics to copyrighted works, including entertainment and business software, movies, music, and books. The U.S. Chamber through its National Chamber Foundation has launched a broad initiative to effectively thwart the growing global threat of counterfeiting and piracy to the U.S. economy, the global business community, and consumers."

    January 23, 2007
    * Challenges to Copyright Law Rejected By 9th Circuit

    Stanford Center for Internet and Society: " Kahle v. Gonzales - In this case, two archives ask the U.S. District Court for the Northern District of California to hold that statutes that extended copyright terms unconditionally — the Copyright Renewal Act and the Copyright Term Extension Act (CTEA)— are unconstitutional under the Free Speech Clause of the First Amendment, and that the Copyright Renewal Act and CTEA together create an "effectively perpetual" term with respect to works first published after January 1, 1964 and before January 1, 1978, in violation of the Constitution’s Limited Times and Promote...Progress Clauses. The Complaint asks the Court for a declaratory judgment that copyright restrictions on orphaned works — works whose copyright has not expired but which are no longer available — violate the constitution."

  • Opinion, Circuit Court of Appeals for the 9th Circuit, Brewster v. Gonzales, January 22, 2007
  • December 20, 2006
    * Grant to Internet Archive Allows Expansion of Open Access Historical Collections

    Press release: "The Internet Archive Receives Grant from Alfred P. Sloan Foundation to Digitize and Provide Open Online Access to Historical Collections from Five Major Libraries...The Sloan Foundation is proud to support the digitization of these high-value collections from five of the nation's leading cultural institutions and to ensure that these materials will always be available through public channels for future use...These collections include:

  • Boston Public Library: The John Adams collection, which is the complete personal library of the Founding Father, lifelong book collector and second President of the United States.

  • The Getty Research Institute: Major collection of books on art and architecture and an alternate collection on the performing arts.

  • The Metropolitan Museum of Art: The archive of publications issued by the Metropolitan Museum through the present.

  • Bancroft Library of the University of California at Berkeley: Key primary texts documenting the California Gold Rush and Western expansion.

  • Johns Hopkins University Libraries: The James Birney Collection of Anti-Slavery materials."

  • Related postings on the Google Book Project
  • December 19, 2006
    * New on LLRX.com

    The following articles are available in the December 2006 issue of LLRX.com:

  • Bloggers Beware: Debunking Nine Copyright Myths of the Online World - Updated, by Kathy Biehl

  • Criminal Justice Resources - Criminal Justice Blogs, by Ken Strutin

  • A Compilation of State Lawyer Licensing Databases, by Trevor Rosen and Andrew Zimmerman

  • Deep Web Research Research 2007, by Marcus P. Zillman
  • Librarianship - Promoting Public Service and Philanthropy, by Kara Phillips

  • CongressLine by GalleryWatch.com: Voting in Congress, by Paul Jenks

  • E-Discovery Update - by Fios Inc.: Choosing An E-Discovery Vendor, by Conrad J. Jacoby

  • Reference from Coast to Coast: An Overview of Selected SEC Resources on the Web, by Jan Bissett and Margi Heinen

  • Faulkner's Practical Web Strategies for Attorneys: Planning Your 2007 Web Strategy, by Frederick L. Faulkner IV

  • The Government Domain: 2007 Calendars and Schedules, by Peggy Garvin

  • After Hours: But Wait! There's More, by Kathy Biehl

  • FOIA Facts: Rapid Response Team for FOIA, by Scott A. Hodes

  • The Tao of Law Librarianship: Reaching Across the Generations in the Profession, by Connie Crosby

  • Commentary: The Military Commissions Act and The Habeas Corpus Act, by Beth Wellington
  • December 06, 2006
    * Live Search Books Beta Release

    Live Search's WebLog: "The U.S. beta launch of Live Search Books is a big step forward in advancing the way people discover information through the integration of content that has been "off-limits" to the traditional Search experience, until now. This release makes tens of thousands of out-of-copyright books available from our library scanning initiative, including books from the University of California, the University of Toronto, and the British Library. In addition, we are announcing new partnerships with the New York Public Library and the American Museum of Veterinary Medicine...The team is also taking this opportunity to announce an update to the beta of Live Search Academic. We're adding millions of new articles—primarily bio-medical content. Live Search Academic now indexes thousands of academic journals in the computer science, engineering, physics, and bio-medical fields. We’re also now indexing theses, dissertations, and books within these disciplines."

    December 04, 2006
    * Internet Archive Helps Secure An Exemption to Digital Millennium Copyright Act

    Press release: "...Internet Archive has successfully advocated for an exemption to the Digital Millennium Copyright Act (DMCA). The DMCA prohibits circumvention of technological measures employed by or on behalf of copyright owners to protect their works ("access controls"). Specifically, 17 U.S.C. §1201(a)(1)(A) provides, in part, that “No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” In order to ensure that the public will have continued ability to engage in noninfringing uses of copyrighted works, such as fair use, subparagraph (B) limits this prohibition. It provides that the prohibition against circumvention “shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding three-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title” as determined in a rulemaking proceeding." [thanks to Darlene Fichter]

    November 27, 2006
    November 22, 2006
    * Google Book Search Adds New Features

    Inside Google Books Search blog: "...we've just launched a bunch of new features and a whole new interface to make your online book experience better. First, we made it easier to find books you may be interested in by improving the "About this book" page. If you're a bookworm looking for your next book to devour, you can easily find new books via the related books feature....If you're trying to beef up your research by uncovering relevant work, then you may want to check the references from books and scholarly works....Once you find a book you might be interested in, you can now see its chapter titles, key terms, and selected pages all on the same page, helping you get a feel for it. Next, we designed a new browsing interface. You can simply scroll through the pages, or, for full view books, view them in two-page mode and flip through just like a book. You can zoom in, switch to full screen, and jump directly to the chapters that interest you. If the book is part of the public domain, you can comfortably read it on screen or download it if you prefer. For an in-copyright book, just follow the links to buy it or to find it in a library."

    November 15, 2006
    * Google Anticipates Lawsuits With YouTube Acquisition

    Press release: "November 13, 2006 - Google Inc. announced today that it has closed its acquisition of YouTube, the consumer media company for people to watch and share original videos. In connection with the acquisition Google issued an aggregate of 3,217,560 shares, and restricted stock units, options and a warrant exercisable for or convertible into an aggregate of 442,210 shares, of Google's Class A common stock. The number of shares of Class A common stock issued and issuable by Google was calculated by dividing $1.65 billion less certain amounts (approximately $15 million) funded to YouTube by Google between signing and closing by the average closing price for the 30 trading days ending on November 9, 2006. 12.5% of the equity issued and issuable in the transaction will be subject to escrow for one year to secure certain indemnification obligations." [emphasis added] See also this AP article discussing the $200 million set-aside for potential future lawsuits.

    November 07, 2006
    * Kahle v. Gonzales to be argued by Larry Lessig on Nov 13

    Kahle v. Gonzales will be argued by Larry Lessig on November 13, 2006.

  • "In this case, two archives ask the U.S. District Court for the Northern District of California to hold that statutes that extended copyright terms unconditionally — the Copyright Renewal Act and the Copyright Term Extension Act (CTEA)— are unconstitutional under the Free Speech Clause of the First Amendment, and that the Copyright Renewal Act and CTEA together create an "effectively perpetual" term with respect to works first published after January 1, 1964 and before January 1, 1978, in violation of the Constitution’s Limited Times and Promote...Progress Clauses. The Complaint asks the Court for a declaratory judgment that copyright restrictions on orphaned works — works whose copyright has not expired but which are no longer available — violate the constitution."
  • November 04, 2006
    * Update on Google Print Project

    From the Official Google Blog, November 3, 2006: "The world's libraries are a tremendous source of knowledge, much of which has never been available online. One of our goals for Google Print is to change that, and today we've taken an exciting step toward meeting it: making available a number of public domain books that were never subject to copyright or whose copyright has expired. We can show every page because these books are in the public domain. (For books not in the public domain we only show small snippets of the work unless the publisher or copyright holder has given us permission to show more.)"

    November 02, 2006
    * YouTube Faces Rapidly Escalating Copyright Challenges

  • Wall Street Journal free feature: YouTube Finds Signing Rights Deals Complex, Frustrating

  • Financial Times: Google in bid to halt YouTube legal threat


  • Related news: eWeek.com Google Watch blog: "Universal Tube and Rollform Equipment Corporation, an industrial manufacturing and sales firm, filed suit this week against YouTube in Ohio federal district court, arguing they've incurred dramatic Web support costs and lost business because surfers looking for YouTube (youtube.com) accidentally visit Universal Tube's site (utube.com) instead."

    October 24, 2006
    * Belgian Newspapers In Discussions With Microsoft Over Copyright Fees

    Follow-up to September 18, 2006 posting Belgian Court Rules Against Google in Copyright Dispute, reports that Begian news rights representative Copiepresse is continuing its breach of copyright action against Microsoft and will target Yahoo in future.

    October 12, 2006
    * University of Wisconsin-Madison Joins Google Books Library Project

    Press release: "Together, the UW-Madison and Google will expand access to hundreds of thousands of public and historical materials from the UW-Madison libraries and the Wisconsin Historical Society Library. Some wonderful examples from their collection can be found here. The combined 7.2 million holdings of these libraries comprise one of the largest collections of historical documents and books to be found in the United States."

    October 05, 2006
    * Google Subpoenas Competitors in Defense of Copyright Suit

    Following up on articles by Jonathan Band published on LLRX.com - The Google Library Project: The Copyright Debate, and The Authors Guild v. The Google Print Library Project - news from Bloomberg: "Google Inc. will subpoena information from Yahoo! Inc., Microsoft Corp. and Amazon.com Inc. to help fight copyright lawsuits over its book-scanning project."

    September 27, 2006
    * University Complutense of Madrid Joins Google Book Project

    Press release: "Working together, Google and the University Complutense of Madrid will digitise the university's hundreds of thousands of public domain works, so that anyone, at anytime will be able to view, browse, read, and even download the full texts from the library's historic and special collections. The library of the Complutense University of Madrid is the largest university library in Spain."

    Related news and postings:

  • Related postings on Google Book Search project

  • Press release: "...the University of California, Berkeley, announced (Tuesday, Sept. 26) that it is delivering educational content, including course lectures and symposia, free of charge through Google Video. Because of the quality and quantity of these video offerings, UC Berkeley will be the first university with its own page on the Google Video Web site, campus officials said. The campus is making more than 250 hours of content available to the public through Google Video." [via ResearchBuzz]

  • September 23, 2006
    * Global Pilot Project to Deter Clashes Between Search Engines and Publishers

    Follow-up to September 18, 2006 posting Belgian Court Rules Against Google in Copyright Dispute, this press release from the World Association of Publishers, September 22, 2006:

  • "In the week that Belgian publishers won their case against Google for illegally publishing content without prior consent, a coalition of print media associations are preparing to launch a global pilot project...called ACAP (Automated Content Access Protocol)...which allows online content providers to systematically provide information about access and use of their content to news aggregators and others on the web. The information, provided in a form that can be recognised and interpreted by search engine "crawlers", will tell search engine operators and other users under what terms they can use the content."

  • Related news: As of September 23, the text of the Belgian court order, dated September 5, 2006 is now posted on Google Begium's homepage, in a continuous text version. Users may read it in Dutch, French, German or English translations.
  • September 18, 2006
    * Belgian Court Rules Against Google in Copyright Dispute

  • Belgium Orders Google to Remove News Items or Pay Huge Fine: "A Brussels court has ordered internet giant Google to pay 1 million euro a day if it does not remove all news articles and pictures from French and German language newspapers on its news site, Belgian media reported on Monday."
  • Belgian court brings Google bad news: "Google has vowed to appeal against a Belgian court ruling that represents the first legal blow against its controversial Google News service which has provoked the ire of European publishers."

  • WSJ free feature: Belgian Court Orders Google To Stop Publishing News Content

  • Copy of Belgian Court order, via Chilling Effects
  • August 31, 2006
    * Commentary Examines False Copyright Claims on Works in Public Domain

    Mazzone, Jason, "Copyfraud". Brooklyn Law School, Legal Studies Paper No. 40 Available at SSRN [via Public Knowledge]

  • "Copyfraud is everywhere. False copyright notices appear on modern reprints of Shakespeare's plays, Beethoven's piano scores, greeting card versions of Monet's Water Lilies, and even the U.S. Constitution. Archives claim blanket copyright in everything in their collections. Vendors of microfilmed versions of historical newspapers assert copyright ownership. These false copyright claims, which are often accompanied by threatened litigation for reproducing a work without the owner's permission, result in users seeking licenses and paying fees to reproduce works that are free for everyone to use."
  • August 30, 2006
    * Free Downloads of Public Domain Books Now Available From Google Book Search

    Google press release: "Starting today, readers can find new, and free, downloadable versions of some of the world's greatest books on Google Book Search. Working with our library partners, we're expanding access to books that are out of copyright and have become public domain material. Users can search and read these books on Google Book Search like always, but now they can also download and print them to enjoy at their own pace."

    Related sources and information:

  • Postings on Project Gutenberg

  • U. of Michigan Adds Books Digitized by Google to Online Catalog, but Limits Use of Some: "If a scanned book is still under copyright...users will not be able to read the digital copy. Instead, the card-catalog system will return a list of the pages that contain the search term and how many times the term appears on those pages. The reader will be directed to the library's stacks for the printed book."

  • August 24, 2006
    * Google Book Search Contract to Digitize UC Collection Released

    The Chronicle of Higher Education obtained a copy of the 13 page agreement between Google, Inc. and the Regents of the University of California that details the scope of the digitization project, as well as copyright and ownership issues.

  • Related postings on the Google Book Search Project
  • August 22, 2006
    * Point - Counterpoint on Google Book Search Project

  • Washington Post Op-ed today: The Books Google Could Open, by Richard Ekman, president of the Council of Independent Colleges.

  • eWeek.com: Publishers Fight Back Against Google with New Book Search Service: "Publisher HarperCollins and Austin, Texas-based LibreDigital announced today a hosted service called LibreDigital Warehouse that will give publishers and booksellers the ability to deliver searchable book content on their own Web sites." See also the August 3, 2006 HarperCollins press release: "HarperCollins Publishers is proud to announce a series of digital initiatives, including the beta launch of "Browse Inside," a new application allowing consumers to sample pages of HarperCollins titles online. The implementation of expanded digital technologies signals the latest development in the HarperCollins global digital warehouse initiative and emphasizes the company's commitment to reach consumers on the Web by providing robust content in a wide variety of digital formats."
  • August 21, 2006
    * Commentary on the Future of Digital Archiving

    Can Our Culture Be Saved? The Future of Digital Archiving, by Diane Leeheer Zimmerman, New York University - School of Law, July 25, 2006

  • "This article steps behind the Google Library controversy to examine in depth what the enormous public benefits that would flow from allowing a broad right of digitization for preservation purposes, and why such a right by necessity would require changes in existing copyright law. It also then asks whether we can realistically hope to "save" the fragile embodiments of our cultural life this way without making some provision for public access to the databases in which works are preserved. Finally, the article attempts to identify what the public-regarding goals of digital archiving for purposes of preservation should be, the responsibilities that would attach to the right to archive, and the kinds of compromises between the interests of the copyright owning community and the public that might be feasible to enable citizens of the world to create and protect their modern version of the Library of Alexandria."
  • August 09, 2006
    * UC Libraries Partner With Google to Digitize Books

    Press release: The University of California libraries today (August 9, 2006) announced their partnership with Google to digitize books from the libraries' collections. UC becomes the latest partner in the Google Books Library Project, which was launched in December 2004 to digitize books drawn from the libraries of the University of Michigan, Harvard University, Stanford University, Oxford University, and the New York Public Library. The digitized books will be searchable through Google Book Search."

  • Official Google Blog, Welcome to the University of California libraries
  • July 23, 2006
    * Article Examines Digital Rights Management and Consumer Consent

    Matwyshyn, Andrea M., "Technoconsen(t)sus" (May 2006). Posted July 19, 2006 [Link to download]

  • "Law is contributing to an information security paradox. Consumers are regularly “consenting” to the installation of computer code that makes them more vulnerable to harms such as identity theft. In particular, digital rights management technology accompanying digital music has recently left a wake of compromised user machines. Using this case study of security-invasive digital rights management technology, this article argues that a fundamental tension exists among intellectual property law, computer intrusion law and contract law regarding meaningful consumer consent in digital contexts. This article proposes to ease this noise in consent doctrine through creating an objective "reasonable digital consumer" standard based on empirical testing of real consumers."
  • July 06, 2006
    * Copyright Law, Second Edition

    Federal Judicial Center: Copyright Law, Second Edition, 2006, 241 pages.

  • "This monograph provides a concise overview of the law of copyright from its origins in the English common law through recent Supreme Court cases, designed to provide judges with a grounding in the essential concepts and statutory and case law in this specialized area. The monograph covers the duration and renewal of copyright, ownership of copyright, copyright formalities, as well as jurisdictional and procedural issues and the preemption of state law by federal copyright statutes. New material in this second edition includes updated case law, including Internet copying and music downloading; the Digital Millennium Copyright Act; judicial interpretation of Copyright Office regulations, decisions, and practices; and expanded coverage of contributory and vicarious liability, increasingly invoked by plaintiffs in infringement cases. The monograph covers developments in case law through May 1, 2006."

  • Link or download

  • Table of contents

  • June 15, 2006
    * From Google Book Search: Complete Plays of Shakespeare.

    Press release, June 14, 2006: Google Launches Shakespeare Website. See Google Search Beta's complete plays of Shakespeare

    Related news:

  • From Inside Google Book Search blog: "Some print versions of Shakespeare's plays may not be in the public domain everywhere in the world. In cases where the copyright status is in question, we protect the publisher by showing the Snippet View."

  • May 14, 2006
    * Commentary on Book Scanning Projects Prognosticates On Future of Reading

    New York Times Magazine, Scan This Book!, by Kevin Kelly, "senior maverick" at Wired magazine and author of Out of Control: The New Biology of Machines, Social Systems and the Economic World.

    May 09, 2006
    * Mass Digitization: Implications for Information Policy

    Mass Digitization: Implications for Information Policy , May 9, 2006 (NCLIS).

    April 17, 2006
    * Unintended Consequences: Seven Years under the DMCA

    Electronic Frontier Foundation: Unintended Consequences: Seven Years under the DMCA, April, 2006. This document is version 4. (15 pages, PDF, and HTML version)

    April 11, 2006
    * WIPO Marks E-Renewal System

    Madrid System for the International Registration of Marks: WIPO Marks E-Renewal System

    March 22, 2006
    * CATO Study Challenges Courts' Role in Digital Rights Management

    Circumventing Competition: The Perverse Consequences of the Digital Millennium Copyright Act (PDF, 28 pages), by Timothy B. Lee

  • "The courts have a proven track record of fashioning balanced remedies for the copyright challenges created by new technologies. But when Congress passed the Digital Millennium Copyright Act in 1998, it cut the courts out of this role and instead banned any devices that "circumvent" digital rights management (DRM) technologies, which control access to copyrighted content. The result has been a legal regime that reduces options and competition in how consumers enjoy media and entertainment. Today, the copyright industry is exerting increasing control over playback devices, cable media offerings, and even Internet streaming. Some firms have used the DMCA to thwart competition by preventing research and reverse engineering. Others have brought the weight of criminal sanctions to bear against critics, competitors, and researchers."
  • March 17, 2006
    * Copyright Case Against Google Dismissed

    WSJ free feature - Google Wins Copyright Battle; Archiving Issue Is Still Unclear: "A federal judge dismissed a lawsuit accusing Google Inc. of wrongful conduct, including copyright infringement and defamation, providing the latest court opinion to weigh in on the contentious area of search engines and copyright."

    March 08, 2006
    * House Judiciary Cmte. Hearing on Orphan Works

    Subcommittee on Courts, the Internet, and Intellectual Property
    Oversight Hearing on "The Report on Orphan Works by the Copyright Office."

    Witness statements (in PDF):

  • Jule Sigall, Associate Register for Policy and International Affairs, Copyright Office of the United States, The Library of Congress

  • Allan Adler, Vice President for Legal and Government Affairs, Association of American Publishers, Inc. (AAP)

  • David Trust, Chief Executive Officer, Professional Photographers of America, Inc.

  • Maria A. Pallante-Hyun, Associate General Counsel, Guggenheim Museum

  • Related postings on orphan works

  • March 02, 2006
    * EU Plans Digital Library Portal Launch By 2010

  • EU press release: "European Commission steps up efforts to put Europe's memory on the Web via a "European Digital Library" - At least six million books, documents and other cultural works will be made available to anyone with a Web connection through the European Digital Library over the next five years."

  • The European Digital Library: Frequently Asked Questions
  • February 28, 2006
    February 25, 2006
    * Recent Decision on Google's Use of Thumbnails May Impact Book Scan Project

    New York times: Ruling May Undercut Google in Fight Over Its Book Scans

    See also this related commentary:

  • The Google Library Project: The Copyright Debate, by Jonathan Band

  • The Authors Guild v. The Google Print Library Project, by Jonathan Band

  • February 21, 2006
    February 14, 2006
    * USTR to Strengthen Enforcement in Readjustment of U.S.-China Trade Policy

    Press release: "Today, U.S. Trade Representative Rob Portman unveiled the results of a top-to-bottom review of U.S.-China Trade Policy at a news conference. The report, U.S. - China Trade Relations: Entering a New Phase of Greater Accountability and Enforcement (29 pages, PDF), is the first comprehensive statement of U.S. trade policy towards China since it joined the WTO in 2001. The report was provided to Congress this morning with a cover letter (2 pages, PDF) from Ambassador Portman to the Chairmen and Ranking Members of the Senate Finance and House Ways and Means Committees. In this letter, he outlined his objective of closer collaboration with Congress on U.S.-China trade policy."

    Related documents:

  • U.S. Trade Deficit Exceeds $725 Billion

  • Economic Report of the President, 2006 Now Available
  • * Case Study of CD Disk Protection System That Triggered Class Action Suit

    Lessons from the Sony CD DRM Episode, February 14, 2006 (27 pages, PDF), by J. Alex Halderman and Edward W. Felton.

    February 08, 2006
    * Significance of Library Digitization Project Described by Univ. President

    John Batelle posted the text (PDF) of University of Michigan President Mary Sue Coleman's keynote address at the Association of American Publishers Conference, February 6. She defended her university's participation in the Google Library Project as well as the overall value and importance of library digitization programs in general.

  • Related news: A leading US academic has defended Google's controversial plan to digitise the contents of major libraries.
  • February 04, 2006
    * Copyright Office Releases Report on "Orphan Works"

    "The Copyright Office has completed its study of problems related to 'orphan works'—copyrighted works whose owners may be impossible to identify and locate. As requested by Senator Orrin Hatch and Senator Patrick Leahy, the Office submitted its Report on Orphan Works to the Senate Judiciary Committee on January 31, 2006. The Report is also available for download on this page in two versions, the Full Report with Appendices (207 pages, PDF), and the Main Text (no appendices) (133 pages, PDF)."

  • See also Tobe Liebert's article, Tobe Liebert's article, The Problem of Orphan Works, published on LLRX.com, May 15, 2005.

  • January 31, 2006
    * Global Publishers Investigate Copyright and Brand Infringement By Search Engines

    Press release: "A task force of global and European publishers organizations, led by the World Association of Newspapers, has agreed to work together to examine the options open to publishers to assert their rights to recognition and recompense, and to ultimately improve the relationships between content creators/producers and news aggregators and search engines."

    January 27, 2006
    * Study of Takedown Notices Under Section 512 of DMCA

    Efficient Process or "Chilling Effects"? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act, Summary Report, Jennifer M. Urban, Director, Intellectual Property Clinic, University of Southern California and Laura Quilter, Non-Resident Fellow, Samuelson Clinic, University of California, Berkeley. [Links and Law]

    January 23, 2006
    * Draft Legislation - Digital Content Protection Act of 2006

    Senate Draft of the Digital Content Protection Act of 2006

    * Searchable Version of the Copyright Law of the U.S.

    From askSam, "Search and analyze the full text of the Copyright Law of the United States of America & related laws contained in Title 17 of the United States Code."

    January 19, 2006
    * New on LLRX.com

    The January 15, 2006 issue of LLRX.com includes the following articles:

  • Deep Web Research Research 2006, by Marcus P. Zillman

  • The Google Library Project: The Copyright Debate, by Jonathan Band

  • Researching Laws and Information on Nutritional and Dietary Supplements On the Web, by Joel Rothman

  • Election Law @ Moritz, by Sara Sampson

  • Adobe's Macromedia Studio 8 -- What's New in the Upgrade? by Roger V. Skalbeck

  • E-Discovery Update - by Fios Inc.: Cost Savings With New Federal Rules of Civil Procedure for e-Discovery? by Mary Mack

  • CongressLine by GalleryWatch.com: Floor Fight, by Will Hall and Dan Peake

  • The Government Domain: News Roundup, by Peggy Garvin

  • Faulkner's Practical Web Strategies for Attorneys: New Year's Resolution - Update Your Website, by Frederick L. Faulkner IV

  • The Tao of Law Librarianship: Do-It-Yourself Professional Development, by Connie Crosby

  • FOIA Facts: Bush Orders FOIA Executive Officers, by Scott A. Hodes

  • January 13, 2006
    * Associations Jointly Publish and Distribute Guide to Copyright on Campuses

    Related to yesterday's posting, Digital Rights Management: A Guide for Librarians, see Campus Copyrights and Responsibilities: A Basic Guide to Policy Considerations (39 pages, PDF), AAU, ARL, American University Press.

    January 12, 2006
    * Digital Rights Management: A Guide for Librarians

    Digital Rights Management: A Guide for Librarians, by Mike Godwin (44 pages, PDF)

    January 08, 2006
    * CRS Report Examines Whether Google Book Search Is Fair Use

    CRS Report - The Google Book Search Project: Is Online Indexing A Fair Use Under Copyright Law (6 pages, PDF), Published 12/28/2005, by Robin Jeweler, American Law Division.

  • Abstract: "Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company. This report provides background on the pending litigation."

  • Related postings on Google Book Search


  • December 22, 2005
    December 21, 2005
    * Advocacy Group on Free Expression Issues Report Calling for Strengthening Fair Use

    Will Fair Use Survive? Free Expression in the Age of Copyright Control (76 pages, PDF), by Marjorie Heins and Tricia Beckles, Brennan Center for Justice at NYU School of Law, Free Expression Policy Project, December 2005.

  • "The report recommends: creating a clearinghouse for information, including sample replies to cease and desist and "take down" letters; outreach to Internet service providers who are instructed by companies to take down sites with material they claim as copyright-protected; changes in the law to reduce the penalty for guessing wrong about fair use; and the creation of a national pro bono legal support network."
  • December 12, 2005
    * HarperCollins Announces Plans to Digitize Books

    Press release: "HarperCollins Publishers today announced they will create a digital warehouse for all of its content and will issue a Request for Proposal (RFP) this month as part of an effort to develop the necessary technical infrastructure to broadly exploit its content digitally. The plan is the first step in satisfying the demands of the marketplace, which is increasingly requiring that content be made available online and in numerous formats, while allowing the publisher to remain in control of its digital files and intellectual property."

  • Related postings on Google Search Program

  • December 10, 2005
    * Online Rights Canada Launched

    "Online Rights Canada (ORC) is a grassroots organization that promotes the public's interest in technology and information policy. We believe that Canadians should have a voice in copyright law, access to information, freedom from censorship, and other issues that we face in the digital world." [press release]

    December 09, 2005
    * Project Gutenberg Continues Effort to Put Books Online

    From WSJ free features, Project Gutenberg Fears No Google is a Q&A with Project Gutenberg's founder, Michael Hart (the inventor of ebooks). His vision and determination are reflected in this project, which has been sustained for over three decades. The site, which currently offers over 17,000 full text books, has a million downloads per week.

    November 29, 2005
    * Trademark and Copyright Lawsuit Focuses on Google Search Rank

    From The Nutritional and Dietary Supplement Law Blog: "In a complaint filed last week in federal court in California, Salu, Inc., the owner of the popular cosmeceutical site SkinStore.com has sued the owners of competitor NewSkinSpa.com for trademark and copyright infringement accusing them of copying the SkinStore.com html code and using it to