Copyright Questions & Answers

copyrightlaws.com » Copyright Law Commentary and Information

2012-01-05T14:53:00.000-05:00

copyrightlaws.com » Copyright Law Commentary and Information

copyrightlaws.com » The International Copyright Symbol

2012-01-05T10:00:00.000-05:00

Does your copyright symbol and notice need to include the year 2012? copyrightlaws.com » The International Copyright Symbol

copyrightlaws.com » December 2011, LEH-Letter: Copyright, New Media Law & E-Commerce News

2011-12-19T09:31:00.000-05:00

copyrightlaws.com » December 2011, LEH-Letter: Copyright, New Media Law & E-Commerce News

copyrightlaws.com » Canadian Copyright Laws being amended by Bill C-11

2011-10-19T21:09:00.000-04:00

copyrightlaws.com » Canadian Copyright Laws being amended by Bill C-11

copyrightlaws.com » Copyright in Ideas, Fashion and Newsletter Publisher Settlement

2011-10-18T13:00:00.000-04:00

copyrightlaws.com » Copyright in Ideas, Fashion and Newsletter Publisher Settlement

copyrightlaws.com » October 2011, LEH-Letter: Copyright, New Media Law & E-Commerce News

2011-10-12T13:51:00.000-04:00

copyrightlaws.com » 12 October 2011, LEH-Letter: Copyright, New Media Law & E-Commerce News

copyrightlaws.com » 10 Myths About Canadian Copyright Law

2011-10-04T20:22:00.000-04:00

copyrightlaws.com » 10 Myths About Canadian Copyright Law

What's the latest on copyright reform amendments in Canada?

2011-10-01T13:55:00.002-04:00

The Canadian government introduced on 29 September 2011, Bill C-11, An Act to Amend the Copyright Act. This bill is identical to Bill C-32 which was introduced in June 2010. Bill C-32 died in March 2011 when the Canadian government fell in a vote of no confidence. This is the 4th attempt at amending the 1924 Canadian Copyright Act in order to address newer ways in which we all create, distribute and use copyright-protected works, and in order for Canada to be able to join the two digital WIPO treaties. There are some indications that the bill could be fast tracked and passed by the end of 2011.

copyrightlaws.com » Copyright News and Information: How to Stay Current

2011-09-21T20:21:00.000-04:00

copyrightlaws.com » Copyright News and Information: How to Stay Current on copyright law developments.

copyrightlaws.com » Copyright Laws in Canada – Update and Course

2011-09-19T13:05:00.000-04:00

copyrightlaws.com » Copyright Laws in Canada – Update and Course

copyrightlaws.com » Copyright Education – Australia Speaks

2011-09-13T14:53:00.000-04:00

copyrightlaws.com » Copyright Education – Australia Speaks

copyrightlaws.com » Licensing Agreement Panel @ AALL 2011 in Philadelphia

2011-07-27T21:06:00.000-04:00

copyrightlaws.com » Licensing Agreement Panel @ AALL 2011 in PhiladelphiaPanel dealt with several licensing questions in a Q&A format.

copyrightlaws.com » Digital Licensing, Clicking “I Agree”, E-Book & iPad Licensing

2011-07-26T10:22:00.000-04:00

copyrightlaws.com » Digital Licensing, Clicking “I Agree”, E-Book & iPad Licensing New Qs & As on licensing digital content plus various new articles on licensing content in new issue of The Copyright & New Media Law Newsletter.

copyrightlaws.com » Copyright Law News, Information & Education

2011-04-05T11:37:00.000-04:00

copyrightlaws.com » Copyright Law News, Information & Education

copyrightlaws.com » Copyright Law Myths and Facts: Test your Copyright Knowledge

2011-03-31T14:07:00.000-04:00

copyrightlaws.com » Copyright Law Myths and Facts: Test your Copyright Knowledge with this Quiz...

copyrightlaws.com » Copyright risk management as key to copyright compliance – a short checklist

2011-03-24T16:44:00.000-04:00

copyrightlaws.com » Copyright risk management as key to copyright compliance – a short checklist

For-Profit Copyright and Fair Use, Ethics, Museum DRM

2011-03-17T14:57:00.002-04:00

Copyright and Ethics, Copyright and For-Profit Colleges by Donna L. Ferullo, Digital Rights Management for Museums by David Green, and The 112th U.S. Congress and Copyright by Anthony J. Roda, are topics in the current issue of The Copyright & New Media Law Newsletter, Volume 2011, Issue 1.

copyrightlaws.com » Jobs with Copyright Functions @ Twitter, Amazon, Library of Congress and more

2011-03-15T09:37:00.000-04:00

copyrightlaws.com » Jobs with Copyright Functions @ Twitter, Amazon, Library of Congress and more

copyrightlaws.com » WIPO World Intellectual Property Day 26 April 2011

2011-03-02T14:19:00.000-05:00

copyrightlaws.com » WIPO World Intellectual Property Day 26 April 2011

What are Web 2.0 and Digital Copyright Issues?

2011-02-24T14:09:00.000-05:00

Web 2.0 and Other Digital Copyright Issues is a 3 week online course offered through the SLA Click University Certificate in Copyright Management. Begins 1 March 2011.
Topics covered include:

copyright protection in digital v. traditional works
digital works that are protected
determining whether a digital work is protected by copyright
existing laws that deal with digital copyright issues
defining "electronic rights"
licenses (for digital works) v. assignments of copyright
digital licensing overview
the role of a written digital license policy
copyright treatment of specific digital uses of content including scanning/digitizing; website content; manipulating digital images; file-sharing; electronic reserves and online course material; teaching online/distance education; e-mail; linking; framing; discussions lists such as listservs, bulletin boards and newsgroups; browsing; caching; blogs; news feeds; downloading; printing; e-transfer; e-archiving, digital libraries and digital library projects; digital databases of articles; internal v. external uses; wikis; social networking sites
digital rights management (DRM)
the future of digital copyright

Other digital-related courses are offered as self study courses through ALA Editions on: Digital Licensing; Copyright & Electronic Resource Management.

What copyright training is available in January 2011? Copyright Management, U.S. Copyright, Canadian Copyright

2011-01-09T19:21:00.000-05:00

Consider the individual courses (or the complete certificate) offered by SLA Click University and Copyrightlaws.com. The program begins with 3 online courses in January:
1. Intro to Copyright Management (begins Jan 14)
2. U.S. Copyright Law (begins Jan 25)
3. Canadian Copyright Law (begins Jan 27)

The courses are part of the Certificate in Copyright Management.

Checklist - 18 Things to Do to Manage Copyright Laws in 2011

2010-12-15T12:15:00.000-05:00

See this practical list of things you can do right away!

Copyright Questions in Copyright Newsletter

2010-12-12T15:34:00.000-05:00

Four times a year, 3 questions and answers (for a total of 12 per year) are included in The Copyright & New Media Law Newsletter. The quarterly Newsletter also provides in-depth, practical copyright compliance and management articles written in plain English. Obtain a free sample copy of the Newsletter.

Qs & As now in copyrightlaws.com weblog

2010-03-27T07:30:00.003-04:00

I am not responding to questions in this blog. All the content in this blog and much more is now at www.copyrightlaws.com. Thank you for all your questions on this blog which have now been imported to copyrightlaws.com - and please continue to post your questions, now at copyrightlaws.com.

Lesley

Answers in new weblog by copyrightlaws.com

2010-03-13T10:53:00.000-05:00

We are currently amalgamating all blogs administered by Copyrightlaws.com. Our new weblog will soon be launched at www.copyrightlaws.com -- an announcement will be made herein.

In the meantime, please continue to post your copyright and licensing questions here; the answers will appear in our new weblog.

Lesley

Online Course on Copyright Education

2010-02-17T11:17:00.003-05:00

The online course, Copyright Education: Demystifying Copyright in your Enterprise (“CE”). This course consists of 8 e-lessons and a private discussion blog.

This course has been developed by Lesley Ellen Harris, Copyrightlaws.com. Registration is at www.acteva.com/go/copyright.

Syllabus
1. Why Copyright Education
Organizational Considerations
2. Copyright Education Leadership
3. Evaluating Copyright Issues in Your Enterprise
4. Preparing a Copyright Education Plan
Implementing A Copyright Education Program
5. Developing Content for your Copyright Education
6. Format of Copyright Education
7. Copyright Program Development and Progression
8. Additional Copyright Education Resources

17.0 News on Copyright Law

2010-01-13T10:38:00.000-05:00

17.0 News on Copyright Law

UPDATED JANUARY 2010:
17.3 What happened on World Fair Use Day in Washington DC on January 12 2010?
Answer:
I attended “The First Annual World’s Fair Use Day” at the Newseum in Washington D.C. It was organized by the D.C.-based non-profit consumer advocacy group, Public Knowledge. There is lots of information and coverage on this event at http://worldsfairuseday.org/. I will limit my comments to some personal musings (in chronological order as the day unfolded.)

First, I note, the event was free.

Second, Nina Paley (listed bio as filmmaker, animator, cartoonist and copyright critic) wore a black short-sleeved t-shirt with the word: ©ensorship. We know her perspective on copyright. Nina did say that her content is free online however she sells her CD’s. Nina advocates copyright reform and/or broader fair use. Her comments were general but she wants full use of all content for use in her own creations. She is fine with others using her works in any manner.

Third, Dan Walsh, creator of Webcomic “Garfield Minus Garfield” is happy to make money from his work, but through ads, as he does not want to deal with licensing his own works.

Fourth, Pat Aufderheide, director of social media at American University’s School of Communication and person behind the many best practices guides on fair use for online video (remixes), education and documentary filmmaking, proudly shared her work. She mentioned future guides including one on fair use best practices for research librarians. Interesting guidelines and worth reading however remember they are guidelines and not what the Supreme Court or the Copyright Act is stating. My own perspective: having copyright compliance policies are almost always helpful; make sure your policies/guidelines work within the policies and culture of your own organization.

Fifth, Professor Peter Jaszi (AU Washington College of Law) words of wisdom: Best thing U.S. Congress can do is leave Section 107 on Fair Use alone and leave us all to interpret it. Concurred by Tony Falzone (Director of Fair Use Project and lecturer in Law at Stanford Law School). Tony also added: ambiguity and flexibility = strength behind fair use.

Sixth, internationally speaking, there was little discussion. It was mentioned that fair use as in the U.S. is uniquely American. Also, it is unlikely that fair use would ever be the international norm. During my time today I heard no panellists speak about the fact that fair use is likely/arguably broader in the U.S. than most elsewhere (including fair dealing in other countries), and what happens with national treatment and applying the standards in another country when content (legally used in the U.S.) is an infringement in another country? Also missing from the discussions -- moral rights protection which exist in most copyright laws around the world but only in a minor manner in the U.S. A relevant topic for online content use and remixes and mash-ups and other situations where a fair use defense may be claimed.

Seventh, a word from the U.S. administration. White House Deputy Chief Technology Officer, Andrew McLaughlin (also proud owner of a Droid phone and former global public policy head for Google) disclaimed anything he said could be held as representing the White House. He then said: the administration is “serious about IP enforcement”, fair use is not an excuse for infringement, and there is a need to balance both sides of the copyright equation - reward creators and have flexible fair use principles.

17.2 Question: What is the latest on revising the Canadian Copyright Act?
Answer: The Canadian government, as promised, held a round of public consultations in the summer of 2009 on revising the Canadian Copyright Act. Take the time to read the many submitted briefs offering a variety of perspectives at http://copyright.econsultation.ca.

17.1 Question: What is the word on the French Bill on Creation and the Internet?
Answer: The French Constitutional Council ruled on June 10th 2009 on the Bill on Creation and the Internet (Project de loi favorisant la diffusion et la protection de la creation sur Internet). The Bill contemplates the establishment of an administrative body (Haute Autorite pour la Diffusion de Oeuvres et la Protection des Droits sur Internet, "HADOPI") which would have been granted the authority to track illegal Internet downloading. The HADOPI was to be given the authority to cut off Web access for repeat offenders - three strikes and an accused offender would have been had his Internet service suspended for up to a year.

Throughout the course of the World Copyright Summit conference in June 2009 in Washington DC, members of CISAC and its guest speakers the Bill's three strikes provisions was seen as a leading example of how states, creators and rights holders can have some control against modern day pirates lurking in the online sea. A press release by CISAC referred to the Bill and its three strike provision as "a beacon of hope offered by the French in the continuing battle against the plague of Internet piracy". The Constitutional Council however ruled that the HADOPI should only be allowed to issue warnings and that any decision to order ISPs to cut access to alleged offenders would need to be made by a court of competent jurisdiction. See: http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/les-decisions/2009/decisions-par-date/2009/2009-580-dc/decision-n-2009-580-dc-du-10-juin-2009.42666.html

Has the removal of this power truly dimmed the beacon for those trying to control illegal downloads of copyright-protected materials? Or will the creation of HADOPI, even with its limited powers, launch a new assault against the pirates’ activities by providing a centralized and collaborative approach to identifying and curbing would-be pirates and curbing potentially illegal activity? If the legislative intent is to curb unauthorized downloads by individuals, notice by an administrative body may be a sufficient deterrent. If however the French legislators were seeking to control wholesale piracy then without the ability to impose significant sanctions, the HADOPI will have a very limited impact.

Thanks to Lisa Balaban, Lawyer and Negotiations Consultant, who provided the answer to this question.

Copyright, New Media Law & E-Commerce News

2010-01-05T10:24:00.001-05:00

It is hard to believe that 2010 is the 15th year of the free publication of the LEH-Letter. The LEH-Letter, also titled, Copyright, New Media Law & E-Commerce News, began as a way to inform my clients and students about news in copyright. When created, its purpose was to save my office time in sending the news out individually! Times have changed with respect to how we all now share news. Thousands of people now subscribe to the LEH-Letter.

Our approach is global, practical and unique. We do not aim to cover all issues, but rather summarize specific news items from court cases to new legislation to interesting digital ventures. Many of our articles dealing with copyright compliance, managing the use of digital and print copyright-protected materials, and education on copyright and licensing. Online, in-person and conference sessions on copyright, licensing and legal aspects of digital property are covered in the e-letter, and related publications are mentioned.

We are fortunate that the National Library of Canada archives all issues of the LEH-Letter. You may view them at http://epe.lac-bac.gc.ca/100/202/300/copyright-a/.

The next issue will be available January 8 2010.

Lesley Ellen Harris

Museum questions on licensing

2010-01-05T10:02:00.000-05:00

Section 15.0 below deals with museum related copyright questions.

Note that the book A Canadian Museum’s Guide to Developing a Licensing Strategy
is currently being updated to take into account the nature of
licensing by museums, archives and other cultural institutions in 2010
and beyond. The 2nd edition of the book will discuss direct licensing
from institutions as well as third party licensing, and licensing
strategies in relation to publishing e-books, and posting content on
social networking sites including flickr, Facebook and Youtube. The
first edition of this book, published by CHIN, is at http://www.pro.rcip-chin.gc.ca/propriete_intellectuelle-intellectual_property/guide_elaboration-guide_developing/index-eng.jsp . The book includes information on issues specific to Canadian
institutions, however much of the information on developing a
licensing strategy is global and relevant to all.

One chapter of the book includes questions and answers on licensing
strategies. Do you have questions? Please email them to me or post
them below in section 15.0, so they can be anonymously
addressed in the 2nd edition of the book. Also, I would like to hear
any interesting licensing situations your institution has recently
been involved in. All information will be kept confidential.

Lesley
contact at copyrightlaws dot com

Other Sites With FAQs

2009-12-16T10:49:00.002-05:00

Are there any other sites you recommend with Copyright Questions & Answers? Please COMMENT below and I'll compile a list.

Here's a start:

Stanford University Libraries:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/index.html

Music Library Association:
http://www.musiclibraryassoc.org/copyright/Resources/FAQ

University of Pittsburgh:
http://www.library.pitt.edu/guides/copyright/#Frequently%20Asked

Lesley

18.0 Want To Work in Copyright or Licensing?

2009-10-27T10:54:00.046-04:00

Occasionally, I see interesting positions in copyright and licensing. This section of Copyright Questions & Answers will post such positions. These postings may remain listed in this blog beyond their closing dates for informational purposes. Most recently announced positions are listed at the top of the list.

Acquisitions/Electronic Resources Librarian (Position No. NEBB09392936DR1),Department of the Army, Army Medical Command (Montgomery County, MD, near Washington, DC)
Position for a librarian (U.S. citizen) at Walter Reed Army Institute of Research with training and experience using automated systems, and with the ability to manage and deliver electronic content. Excellent database searching, communication and problem-solving skills are required. Candidate must have the ability to perform acquisition functions, including negotiating licenses for electronic content. See: http://jobview.usajobs.gov/GetJob.aspx?JobID=85141757&JobTitle=LIBRARIAN for full job description. For more information contact:
Central Resume Processing Center
Phone: 410-306-0137
Email: applicanthelp@cpsrxtp.belvoir.army.mil
Closing date: Open period for this position January 11, 2010 to February 11, 2010.

Part-time cataloger, BNA, (Washington, DC)
BNA, a legal and regulatory information publisher, is looking for a part-time cataloger (up to 22.5 hours per week) to create, process and maintain metadata records for BNA publications in OCLC. Requires experience cataloging, knowledge of AACR2, MARC and Library of Congress classification. Understanding of copyright and fair use a plus.
To apply: E-mail resume to jhamlin@bna.com
Closing date: Not listed. (This item was posted January 21, 2010)

Digital Production Librarian, Libraries of The Claremont Colleges (Claremont, California)
The Librarian will manage the Digital Production Center and the position requires an understanding of copyright laws and rights management issues in a digital environment.
See: http://libraries.claremont.edu/about/jobs/
Closing date: Applications received by February 15, 2010 will receive first consideration. (This item was posted January 21, 2010)

Libguides Project Assistant, Norquest College (Edmonton, Alberta, Canada)
Temporary, contract position, (work approximately 100 hours) creating and editing online research guides and handling a wide range of digital images and documents under the direction of the Coordinator of Library Instruction. Position requires excellent written communication skills, familiarity with Internet explorer, as well as awareness of copyright and legal use of resources. Current MLIS student preferred. (Competition Number: C01-10)
See:http://jobs.workopolis.com/jobshome/db/norquesten.job_posting?pi_job_id=9479452
Closing date: January 23, 2010 (This item was posted January 13, 2010)

Classical Performance Logging Coordinator- NY420, BMI, (Opportunities in various locations)
Positions for persons with relavant education, knowledge and experience in the music business and copyright relating to music. Job involves various duties relating to registration of musical works, organizing licenses, and monitoring classical music performance data from radio stations and concerts involving the BMI repertory, and analysis and preparation of information for entry into BMI databases.
See: http://www.bmi.com/jobs/entry/540573 for further information; for consideration contact nyrecruiter@bmi.com (mention job reference number NY420)
Closing date: Not listed. (This item was posted January 13, 2010)

Head of Library Client Services, The Law Society of Upper Canada (Toronto, Canada)
Amongst other duties, the Head will negotiate and interpret digital licence agreements.
See http://www.lsuc.on.ca/jobs/
Closing date: Not listed. (This item was posted 14 December 2009)

Commercial Officer (Intellectual Property Rights), U.S. Embassy New Delhi (India)
Amongst other duties, the incumbent will act as a resource on India's intellectual property regime for other U.S. government agencies.
See http://jobview.usajobs.gov/GetJob.aspx?JobID=84917168&JobTitle=Commercial+Officer+(Intellectual+Property+Rights)&sort=rv&vw=d&brd=3876&ss=0&FedEmp=N&FedPub=Y&q=copyright&AVSDM=2009-12-03+00%3a03%3a00
Closing date: December 31, 2009

Permissions Associate, American Psychological Association (Washington, DC)
Researches permission requests, draft licenses, set permissions fees, organizes permissions, copyright registrations and copyright transfers.
See http://www.apa.org/jobs/1098.html
Closing date: Not listed. (This item was posted on this blog on 2 December 2009)

Senior Electronic Resources Librarian, National Endowment for Democracy (Washington, DC)
Amongst other duties, this position has copyright responsibilities for various digitization projects.
See http://www.ned.org/employment.html#SRELEC
Closing date: Not listed. (This item was posted on this blog on 24 November 2009)

Electronic Resources Librarian, Federal Reserve Bank (Washington, DC)
The Librarian will negotiate and review licenses for digital content.
See http://www.federalreserve.gov/careers/jobsearch/default.aspx
Closing date: Not listed. (This item was posted on this blog on 16 November 2009.)

Library Technician (Copyright), Library of Congress (Washington, DC)
The Copyright Technician will ensure proper handling and security of Library and Copyright Office materials, as well as perform a variety of tasks to support the division.
See http://www.loc.gov/hr/employment/index.php?action=cJobs.showHome
Closing date: 4 December 2009

Assistant Head, Electronic Management, Northeastern University Libraries (Boston)
Searching for a librarian for electronic resources purchasing, licensing, access and maintenance. Needs knowledge of electronic resource management, resource licensing and copyright.
Email j.morrow@neu.edu for further information.
Closing date: Until filled (Applications received by December 1, 2009 will receive first consideration)

Legal Officer, WIPO, Traditional Knowledge Division (Geneva)
Looking for a lawyer/policy person
See http://www.wipo.int/hr/en/vacancies/2009/article_0049.html?part=qualif
Closing date: 23 November 2009

Copyright Policy Officer position, IFLA (The Hague)
Great opportunity for a librarian or lawyer with experience in library-copyright issues.
See http://www.ifla.org/en/job-description/91001
Closing date: 13 November 2009

Head, Electronic Acquisitions & Licensing Unit, University of Michigan, (Ann Arbor, MI)
Varied position for a librarian with experience in negotiating and monitoring digital licenses.
See http://www.lib.umich.edu/library-human-resources/head-electronic-acquisitions-licensing-unit
Closing date: Open until filled

POSITION FILLED Electronic Resources Library, Ontario Colleges Library Service (Toronto, Canada)
Interesting opportunity for a librarian with licensing experience.
See http://joomla.ischool.utoronto.ca/component/option,com_jobline/Itemid,/task,view/id,3095/
Closing date: 31 October 2009

Law Clerk, Access Copyright (Toronto, Canada)
See http://www.accesscopyright.ca/docs/LawClerk.pdf
Closing date: Not provided

Acquisitions Librarian for a global financial industry corporation (Washington, DC) This is a part-time position (24 hours a week.)

Responsibilities: Tracking and managing invoices, licenses, and contracts firm-wide; Ensuring timely payments and renewals: Tracking cost and allocation for budget purposes: Managing cancellations and additions as needed.
Qualifications: MLS Degree from an accredited ALA institution; Previous experience managing subscriptions, license and contracts in a large library environment; Demonstrated ability to handle simultaneous projects at a time; Demonstrated experience with budget management and spreadsheets; Previous experience with Sharepoint would be a plus.

To apply, email your cover letter and resume to the attention of Recruiter at jobs@libraryassociates.com with “Acquisitions Librarian #1327” as the subject line of your email. Let them know you learned of this opportunity at www.copyrightanswers.blogspot.com.

Closing date: Not provided

Do you know of a position in copyright or licensing? Post it below as a COMMENT or email me "lesley at copyrightlaws dot com" and I'll add it in the body of this post. Also, if you've heard that any of the positions are filled, please let me know so I can update the information. Thanks!

Lesley

What resources do you recommend?

2009-10-20T10:25:00.006-04:00

The latest issue of The Copyright & New Media Law Newsletter has just been published.

Table of Contents:
Editorial (Creative Commons study on the meaning of non-commercial purposes)
Copyright Protection of Architectural Works
Canadian Photocopying Tariff Decision
Online Use Agreements
Reviews - Digital
Questions & Answers

This Newsletter is published in print and electronically on a quarterly basis. In 2010, this Newsletter will be entering its 14th year of publication. If you want to be part of this unique Newsletter that explains copyright and licensing in plain English, subscribe at www.acteva.com/go/copyright.

A podcast with questions and answers on copyright law is at: www.sla.org/Presentations/click/Conf2007MP3/CopyrightAnswers.mp3.

Order of questions and index to this blog

2009-07-15T21:26:00.002-04:00

Please post your question under the appropriate heading/question in this blog. Do NOT post your copyright questions under this heading. If you scroll through the blog, you will find the section you are looking for. The reason that the sections are not in order is that we periodically update the questions and answers, and add new ones including adding your comments as part of the our postings, and the newer postings and updated questions move to the top of the blog when they are posted.

Here are the Question headings:

1.0 Copyright Protection and Formalities
2.0 Types of Works Protected by Copyright
3.0 Ownership of Copyright Materials
4.0 Duration of Copyright Protection
5.0 Rights Protected by Copyright
6.0 Limitations on Rights
7.0 License Agreements
8.0 Copyright Infringement
9.0 Copyright Permissions
10.0 Digital Copyright Issues
11.0 International Copyright Issues
12.0 Canadian Copyright Questions (includes copyright reform news and information)
13.0 US Copyright Issues
14.0 Miscellaneous Copyright Issues
15.0 Museum Related Copyright Questions
16.0 Copyright and Licensing Management/Compliance Issues
17.0 News on Copyright Law
18.0 Want to Work in Copyright or Licensing? (added to this blog 27 October 2009)

Copyrightlaws.com

2009-06-04T10:18:00.001-04:00

Copyright Questions & Answers is run by Copyrightlaws.com.
Please see our updated website at http://copyrightlaws.com.

Lesley

10.0 Digital Copyright Issues

2009-05-21T10:39:00.006-04:00

10.1 Question: Do you need permission to provide a hyper link in a Web site to a page in another Web site?
Answer: There is no Canadian or U.S. case law that specifically answers this question. There have been out-of-court settlements which suggest that if you hyperlink to a home page, then permission is not necessary, and if you link to an internal page in a Web site then permission is necessary. As such, it is a risk management decision your enterprise must make, and the decision may vary depending on the type of site to which you are linking. (2008-1)

10.2 Question: Can a library scan an article from a journal that it has in print format in its collection?
Answer: Owning a print article does not mean that you own the copyright/reproduction rights in that article. If you want to digitize an article in your possession, you need to obtain permission from the rights holder of the article before digitizing it. If you are obtaining permission to digitize the article, you may at the same time, ask for additional permissions such as the right to post the article on your intranet or circulate it internally in PDF. (2009-2)

10.3 Question: Is it legal to add a watermark to a digital image that you legally acquired from a photographer?
Answer: This is likely not a violation of copyright. In an extreme case, a photographer or other copyright owner may claim that it violates their moral rights and harms their reputation -- however unlikely too since the purpose of the watermark is to protect copyright. You can always ask the copyright owner before placing the watermark on the image.

10.4 Question: My organization purchased an electronic version of a journal article for purposes of research by one of our employees. May we store this electronic article on our Intranet or on the library's server?
Answer: You should check the purchase order or license that accompanied the article. Were there certain rights and conditions placed on the article when you purchased it? What uses are permissible? If the PO or the license is silent on this issue, then you must obtain permission to use the article in any way in which it will be reproduced or distributed, other (presumably) than for the personal use of the researcher who ordered it. (2009-4)

10.5 Question: I have published an e-book and am distributing it for free, however, I do not want others to redistribute it without my permission. How can I do this?
Answer: One option is to use technology (some sort of digital rights management) to prevent redistribution of your electronic book. Another option is to have your readers sign a license agreement that they will not further distribute the book. Another option is to have copyright information/notices in your book to educate and warn others that any copying or sharing of it is not permitted without your consent. A combination of some of the above may work too.

Want to work in copyright law?

2009-05-12T13:52:00.007-04:00

Occasionally, I need assistance with research, writing, editing and online teaching. If you have the personality to work as a "virtual assistant" and have some knowledge of copyright law and licensing and you are an excellent researcher and writer, please email me at "lesley at copyrightlaws dot com". This would be sporadic work for someone looking for some extra money with some extra time, or to increase their exposure to copyright law and licensing issues.

If you have any experience in formatting e-books and other e-publications, please mention that when you email me.

I've received several email enquiries about being a virtual assistant and will reply to all of them -- it may take a bit of time so please be patient.

Thanks,

Lesley

7.0 License Agreements

2009-05-05T09:54:00.004-04:00

7.1 Question: My organization has been offered a license agreement for a database. We want to license the database but cannot use it as we need to under the terms and conditions of the license.
Answer: Except for click-through, Web wrap or shrink wrap agreements, most licenses are negotiable. If you are faced with a license that does not meet your needs and does not appear to be negotiable, explain to the publisher how an amended agreement would better meet your needs, and try to open a discussion and negotiation to ensure that the final license is one that works for you. (2006-4)

7.2 Question: How do I determine what rights should be set out in a license agreement?
Answer: Determine how the content will be used, then ensure that the license reflects these uses. It is best to determine these rights in advance to ensure that you are meeting your needs and not simply reacting to the licensing offer from the content owner. Consult various people in your organization, from your lawyer to your researchers, consultants and librarian. (2007-1)

7.3 Question: How do you define “commercial use” or nonprofit use” in a digital license agreement?
Answer: There are no guidelines or exact definitions of these and other terms in a license agreement. The parties signing the agreement need to agree on the wording of any definition. Take the time to discuss and define these and other terms as they relate to the scope of permissible uses under the agreement. Begin your definitions by a dictionary definition of that term, then modify that definition to meet your needs. (2007-2)

7.4 Question: Why do we have to pay sometimes for journals that are very old and obviously in the public domain?
Answer: There are several possibilities. One, there may be a new copyright in a collection of journals and you are paying a fee for the collection as a whole rather than the underlying individual public domain journals. Two, the journals may be edited and the new portions of the journals may have a new copyright in them. Third, you may be paying a fee to access the journals rather than a copyright fee. (2009-2)

Added November 3, 2009:
7.5 Question: If an article has a Creative Commons ("CC") license, does that mean that the article may be freely reproduced?
Answer: No, you need to read the CC license. There are different CC licenses allowing different uses from "full" use of an item to very limited use of the item without authorized from the content owner.

For information on licensing issues, see: www.licensingdigitalcontent.blogspot.com.

16.0 Copyright and Licensing Management/Compliance Issues

2009-04-22T11:11:00.009-04:00

16.0 Question: What is a copyright policy?
Answer: A Copyright Policy is a written document that sets out copyright information, specifically how it applies to the use of content in your organization. It may set out basic copyright information, global copyright information, questions and answers in your organization, how to apply fair dealing/use in your organization, and the contact person for copyright in your organization. The Policy is also a great document/text for teaching copyright in your organization. (2009-1)

16.1 Question: What are some steps we can take to ensure copyright compliance in our enterprise?
Answer: Some recommendations include instituting an enterprise-wide written copyright policy (see 16.0 above); providing on-going education about copyright and licensing issues; undertaking periodic audits on computer software licenses, and posting copyright warnings/notices near photocopiers, computers and printers. (2009-3)

16.2 Question: Are all U.S. government works protected by copyright?
Answer: U.S. government works are not protected by copyright. This means that a work created by a U.S. government employee for purposes of work does not have copyright protection. However, the U.S. government may own copyright-protected works. For example, the U.S. could own a protected work by purchasing an assignment from a copyright owner. (2009-3)

16.3 Question: Can you point me to examples of copyright warnings/notices posted near photocopiers?
Answer: Both the U.S. and Canadian copyright statutes provide sample wording for libraries to include in copyright warnings/notices near photocopiers. Similar wording can be used by all organizations, and similar wording could be used near all technology where copyright-protected works may be reproduced. (2009-4)

4.0 Duration of Copyright Protection

2009-04-22T11:05:00.003-04:00

4.1 Question: Is there a simple way to determine duration of a copyright work in the U.S.?
Answer: The duration of copyright protection in the U.S. is more complicated than in other countries due in part to the fact that the length of copyright protection in the U.S. has been amended a number of times. Helpful charts to determine whether a work is in the public domain are at: http://www.copyright.cornell.edu/public_domain/, and http://www.unc.edu/~unclng/public-d.htm. (2006-3)

4.2 Question: There is a photograph on a Web site that my organization wants to copy and paste into our Web site. There is no copyright notice on the photograph nor any information relating to copyright protection or the name of the photographer or owner of the photograph. Is the work in the public domain?
Answer: No, assume that all content on the Web is protected by copyright unless there is a statement to the opposite, or you have investigated the copyright status of the work. Even a work that does not contain a copyright symbol or other information relating to the identification of the copyright owner is presumably subject to copyright protection. (2008-1)

4.3 Question: Do all countries have the same copyright duration?
Answer: No. The Berne Convention sets out the minimum duration for copyright protection, which is currently life + 50 -- fifty years after the author's death. So most countries (including Canada) still have a life + 50 duration. However, countries are "free" to provide a longer duration and the U.S. and European Union countries now provide a life + 70 duration. Note that this is the "general rule" of copyright duration and specific works such as government works and employment works may have different durations of protection. (2009-1)

4.4 Question: What does public domain mean?
Answer: Public domain means that a work is not protected by copyright. This may occur in several situations. For example, U.S. government works (those created by the U.S. government and its employees) are in the public domain. Also, works in which copyright duration has expired are in the public domain.

15.0 Museum Related Copyright Questions

2009-02-12T16:49:00.004-05:00

Do you have a question related to your museum or archive? A question about a sculpture or painting, rights and reproductions, exhibition marketing, in-house and visitor education? Ask your questions by commenting below.

Lesley

15.1: Do you need permission to include images in a print museum catalogue that will be sold in a bookstore?

Answer: Yes, you should obtain permission whether or not the catalogue is being sold. The inclusion of the image is a reproduction of that work. In some circumstances, you may be able to imply permission from the circumstances but that would not be in every case. (2009-3)

13.0 U.S. Copyright Issues

2008-11-24T15:34:00.001-05:00

Please post your question.

For a blog on U.S. copyright issues from the perspective of Canadians, see: www.copyright49.blogspot.com.

Lesley

6.0 Limitations on Rights

2008-11-24T15:30:00.001-05:00

6.1 Question: Can employees who receive publications (newsletters, magazines, etc.) through their professional memberships/organizations, copy those articles for distribution to fellow employees if the copying is for research or scholarship?
Answer: Research and scholarship are words that may be interpreted in different manners, and depending on the particular circumstances, may fall under fair use or another section of the copyright statute. The "safest" route is to check the copyright and related information on the publication itself and see what it allows, as well as check your organizational policies, if any, on internal copying.

14.0 Miscellaneous Copyright Issues

2008-06-04T17:17:00.003-04:00

Please post any questions that do not fall into other categories, or please suggest new categories.

Lesley

12.0 Canadian Copyright Issues

2008-06-04T17:16:00.002-04:00

Added July 15 2009:
12.1 Question: What is happening with the amendment of the copyright law in Canada?
Answer: The Federal Government is starting a series of copyright consultations across Canada. The first two consultations are in Vancouver on July 20 and Calgary on July 21 2009.

Lesley

11.0 International Copyright Issues

2008-06-04T17:15:00.001-04:00

11.1 Question: If I live in a country where the duration of copyright is life+50 (as in Canada), rather than life+70 (as in the U.S. and EU countries), for what duration do I need to obtain permission for works being posted on my Web site?
Answer: Since works on a Web site are accessible from around the world, it is best to clear permission for life+70 years for all works. If you are accessing any of the works in Canada, let’s say, permission is only necessary for life+50 (even for U.S. or EU works), however if those same works are accessed from a U.S. Web site, then permission for life-70 may be necessary (assuming the works will be available for that length of time.) (2007-1)

11.2 Question: What is the role of the WIPO treaties on copyright law (www.wipo.org) and how do they govern copyright in each country?
Answer: WIPO administers a number of copyright treaties however these treaties do not govern the copyright law in any country. Rather, the countries who adhere to these treaties must include the minimum standard of copyright protection in these treaties. For instance, the Berne Convention specifies 50 years after an author’s death as the minimum duration of copyright protection. Each Berne member country must protect copyright works for at least 50 years, but may do so for longer, as in the U.S., for 70 years. (2007-2)

11.3 Question: Do I need to register copyright in each country where I want to claim copyright protection?
Answer: No. If a work is protected by copyright in your own country (assuming the country is signatory to the Berne Convention), then the work is protected in all Berne Convention countries. No additional steps including registration are necessary to obtain protection. Note that registration is not mandatory in Berne Convention countries. A list of Berne Convention countries is at: www.wipo.int. (2007-3)

9.0 Copyright Permissions

2008-06-04T17:14:00.008-04:00

9.1 Question: My organization is developing a course on work habits to be used for internal purposes only for all of our employees. We are gathering articles from various academic and non-academic publications. Is it necessary to obtain permission to use these articles in our course materials?
Answer: You will need permission to use the articles in your course materials, even if the materials will only be distributed internally. You may be able to obtain permission from the authors or publishers of the articles, or from a photocopying copyright collective such as the Copyright Clearance Center (in the U.S.) or Access Copyright (in Canada). (2007-1)

9.2 Question: I am translating a book from French into English. Do I approach the publisher or author of the French book for permission to do so? And who owns the rights in the English translation?
Answer: Good assumption that you need to obtain permission to translate a book. Contact either the publisher or author – whoever is easier to reach. Then ask them who owns the rights in the French book (as this would be subject to a publishing agreement.) The translator of a work owns the copyright in the translation, in this case, the English version. (2007-4)

9.3 Question: My enterprise organizes an annual essay writing contest. We post the winning entries on our Web site and distribute a DVD with all entries. Do we need permission to do this?
Answer: Yes, copyright in an essay belongs to the author of that essay. This is true even in a contest situation. Your contest entry form could include permission from the author to you for any uses you need to make of the entry. For winning entries, you may want to go further and obtain permission to use the name of the author, and perhaps a photo of him. (2007-4)

9.4 Question: I have a slogan I would like to protect. How do I go about doing that?
Answer: Generally, slogans are not protected by copyright. The U.S. Copyright Office states that “titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents” are not protected by copyright. If a slogan is associated with a product or service, it may be eligible for trademark protection. (2008-3)

9.5 Question: My company writes textbooks. We obtain permissions to use existing copyright-protected materials owned by others in our textbooks. Now we would like to license our content/textbooks to another party. Do we have the right to do that?
Answer: When you license content owned by others, you can ask for the permission to relicense that content to third parties. Or if you prefer not to do so (as it may cost you additional money), you may want to inform third parties that they may need to get permissions/licenses prior to reproducing your content/textbooks. (2008-3)

9.6 Question: My organization has purchased a journal article from a document supplier. May I send this article to a third party for translation into another language or does this infringe the "further reproduction, electronic storage or electronic transmission" which was expressly prohibited in the invoice from the document supplier?
Answer: Unless you own the copyright in a work, whenever you translate a work or have someone translate it on your behalf, you need permission from the copyright owner of that work. Translation is a right of every copyright holder. It is an adaptation of a work that requires advance permission.

9.7 Question: Do you need permission to include a painting or sculpture which appears in the background of a photograph of a person?
Answer: Some countries have exceptions from copyright law for the incidental inclusion of copyright-protected works in other copyright protected material. Generally, for the exception to apply, the use must be incidental and not deliberate. For example, the exception may allow a journalist to photograph a person with a painting in the background. (2009-2)

9.8 Question: If I find an image on "Google Images" can I use it in a book published by a non-profit organization?
Answer: Google images answers this with the following: "The images identified by the Google Image Search service may be protected by copyrights. Although you can locate and access the images through our service, we cannot grant you any rights to use them for any purpose other than viewing them on the web. Accordingly, if you would like to use any images you have found through our service, we advise you to contact the site owner to obtain the requisite permissions." (2009-4)

8.0 Copyright Infringement

2008-06-04T17:13:00.006-04:00

8.1 Question: My organization’s Web site has several photographs on it. We were recently asked to remove a photograph with the claim that we did not have permission to post it. However, we have a written agreement with the photographer and this second alleged owner of the photographer claims that he owns it (rather than the photographer with whom we have an agreement.) Should we remove the photograph?
Answer: You need to determine who in fact is the owner of the photograph and whether you have permission from this owner. Does your permission/license with the photographer state that he is in fact the owner of the photograph, and that it is an original work, and that he has permission to enter into this agreement? How about the alleged owner who has recently contacted you? Is he able to prove that he owns the photograph? Some investigation should reveal the owner of the photograph. (2006-2)

8.2 Question: I recently purchased a DVD movie on Ebay and when I received the DVD the label on it seems homemade and there is no box/cover for it. I assume it is a pirated copy. To whom shall I report this?
Answer: Contact Ebay, and the Motion Picture Association of America at: www.mpaa.org. You should also contact the seller and ask for your money back. (2006-2)

8.3 Question: What is the role of the WIPO treaties on copyright law (www.wipo.org) and how do they govern copyright in each country?
Answer: WIPO administers a number of copyright treaties however these treaties do not govern the copyright law in any country. Rather, the countries who adhere to these treaties must include the minimum standard of copyright protection in these treaties. For instance, the Berne Convention specifies 50 years after an author’s death as the minimum duration of copyright protection. Each Berne member country must protect copyright works for at least 50 years, but may do so for longer, as in the U.S., for 70 years. (2007-2)

8.4 Question: Can you go to jail for copyright infringement?
Answer: Most countries’ copyright statutes provide for some criminal liability for copyright infringement. It is unlikely that there would be criminal liability for photocopying a single article in a library. Criminal liability would be for large-scale piracy and likely willful copying where the user knew or had reason to know that his actions were illegal. (2007-2)

8.5 Question: Will our company’s copyright compliance policy exempt us from copyright liability by our employees?
Answer: Although certain legislation or case law provides some advantages for your copyright policy limiting your liability in specified circumstances, for the most part your policy will not exempt you from your employees’ copyright liability. However, your policy will help educate those in your enterprise about copyright and in doing so, may lower the occurrences when copyright-protected material is used without permission. (2007-3)

8.6 Question: If I want to do a "Where's Waldo" type of book, using a "Where's ___________?" (someone else), what copyright issues need I be concerned about?
Answer: There is no copyright protection in ideas, so you can create a similar idea to the Where's Waldo books. Your content should be original and not copied from anywhere else, unless you have permission to include that content in your book. (2009-1)

6.0 Limitations on Rights

2008-06-04T17:12:00.002-04:00

Limitations on copyright may mean an exception for a non-profit library in which the library may use specific copyright material in a specific way without asking permission or making a payment.

If you have questions about exceptions for libraries, archives, museums, educational institutions or others, please ask here. This may include questions about fair use or fair dealing.

Lesley

5.0 Rights Protected by Copyright

2008-06-04T17:11:00.002-04:00

5.1 Question: My organization publishes a print newsletter for circulation to our clients. We have been publishing this newsletter for 10 years. The articles are written by freelance writers. Five years ago, we instituted our first written agreements with these writers to ensure that we had electronic rights in the articles in addition to print rights. We are now posting the entire newsletter, every issue since its inception, on our Web site. Do we have the right to do this?
Answer: You have the print and electronic rights in all newsletters published in the past five years. However, without any written or oral agreements (written is always better) for the first five years of publication, you should return to the freelance authors to obtain electronic rights for posting those earlier newsletters on your Web site. For any articles in which you are unable to obtain electronic rights, omit those articles from Web site publication. (2006-3)

2.0 Types of Works Protected by Copyright

2008-06-04T17:10:00.003-04:00

2.1 Question: I am writing a book on copyright law for laypeople. I am not a lawyer and am getting much of my research is from other books on copyright, rather than giving my opinion on the Copyright Act and court cases. Is this legal?
Answer: There is no copyright in ideas, facts or information. Therefore, you may use the ideas, facts or information in the books you are using for research purposes. However, you may not reproduce the exact wording from these books. (2006-4)

2.2 Question: How do you know if content in a Web site is protected by copyright?
Answer: It is best to assume that all content in a Web site is protected by copyright unless and until you investigate otherwise. Treat Web site content as you would any other content. Check for any copyright notices, and any statements stating whether you may use the content in specified circumstances without first obtaining permission, for example, in a nonprofit setting. Be careful in using any older works that appear to be in the public domain, as adapted portions of these works may be protected by copyright. (2007-3)

2.3 Question: What types of U.S. government works are protected by copyright?
Answer: An example is a work prepared by a consultant (non-federal government employee). In this situation, the government may get an assignment of copyright from the consultant and therefore there would be a government copyright in that consultant's work. If a federal government employee prepares a document, then there is no copyright protection in that document and anyone may freely use it. (Freely use is and fair use and two different concepts, not to be confused.)

3.0 Ownership of Copyright Materials

2008-06-04T17:10:00.002-04:00

3.1 Question: Who owns the copyright to the text and illustrations/photographs in a published book?
Answer: There is no straightforward answer. Ownership depends upon the publishing agreement signed by the publisher and author/illustrator/photographer. If you want to reproduce a portion of a book, it is often easiest to locate and contact the publisher. If the publisher cannot provide you with reproduction rights, they can refer you to the author/illustrator/photographer, or their representative, who may provide you with the appropriate rights. (2006-3)

1.0 Copyright Protection and Formalities

2008-06-04T17:09:00.001-04:00

1.1 Question: Do I need a lawyer to register a copyright?
Answer: No, registration in Canada or the U.S. is fairly straightforward. Visit the Canadian Copyright Office (cipo.gc.ca) or the U.S. Copyright Office (www.copyright.gov) for registration information, forms and fees. Note that registration is not required in most countries, including Canada and the U.S., however it can provide additional copyright protection than that in unregistered works, and advantages should you ever have to initiate a legal action for copyright infringement. (2006-2)

1.2 Question: I have an idea for a television show which I would like to submit to a TV producer. If they like my idea, are they obligated to hire me to write the show or may they hire a different writer?
Answer: Generally, a TV producer will only accept your idea submission from an agent or lawyer, and the producer will ask you to sign a release form. The release will state that you are submitting your idea with no obligation and that it is possible that ideas similar to yours are already in the works by the producer and that the producer is under no obligation to you. So, yes, the producer may create and develop a show similar to your idea, using a different writer. (2006-4)

1.3 Question: On December 1, 1975, I composed a song on my piano with lyrics. On December 1, 2007, I put the lyrics and music on paper. From what date do I have copyright protection?
Answer: Automatic copyright protection begins in most countries from the time the work is first “fixed” in some manner. This would include recording a song in analogue or digital form, and writing it down on paper. In this situation, the copyright protection began on December 1, 2007. (2007-4)