Category «Copyright»

Kirtsaeng v. Wiley

What if you had to ask permission before selling, lending, or even giving away your books? On October 29, 2012 the Supreme Court heard oral argument in the case of Kirtsaeng v. Wiley & Sons, a case that could change the way we own everything from books to watches. Brandon Butler and Jonathan Band discuss how libraries, who own books, movies and other copyrighted works on behalf of the public could be hit especially hard by this decision.

Subjects: Copyright, Features, Legal Research, Libraries & Librarians, Publishing & Publishers (Legal)

“Stolen” LinkedIn Profiles and the Misappropriation of Ideas

Within the context of the decline of the law tort of “hot news” misappropriation, Professor Annemarie Bridy discusses a recent Pennsylvania case in which the parties are fighting over ownership of a LinkedIn account containing the plaintiff’s profile and her professional connections. The defendant, the former employer, asserted a state law counterclaim for misappropriation of ideas.

Subjects: Copyright, Legal Research, Legal Technology, Technology Trends

The Digital Death of Copyright’s First Sale Doctrine

An important copyright case won’t be argued in the Supreme Court, which on October 3, 2011 declined to review Vernor v. Autodesk, a Ninth Circuit Court of Appeals decision involving the applicability of copyright’s first sale doctrine to transactions involving software and other digital information goods. Law professor Annmarie Bridy discusses the wide reaching impact of the first sale doctrine, without which there would be no free market for used books, CDs, or DVDs, because the copyright owner’s right of distribution would reach beyond the first sale, all the way down the stream of commerce.

Subjects: Copyright, Features, Intellectual Property, Legal Research

A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not “fair, reasonable, and adequate” as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper by Jonathan Band continues the series in which he discusses the opinion and where it leaves Google Books Search.

Subjects: Copyright, Features, Search Engines

The Risky Business of Information Sharing: Why You Need to Care About Copyright

Copyright is an essential tool in the spread of new ideas, and the workplace has become ground zero for infringement. Ask employees up and down the corporate hierarchy, and they’ll tell you that whisking information electronically to co-workers is integral to their jobs. Their employers will emphatically agree. But unauthorized swaps of information also carry enormous potential risk: Ordinary office exchanges, so natural to the digital world, can easily violate the copyright rights of others and bring costly lawsuits or settlements. Now the same technology that has dramatically defined the Internet age is drawing a new roadmap to compliance, with software tools that simplify adherence to copyright requirements.

Subjects: Copyright, Features, Internet Use Policies, Law Library Management, Technology Trends

A Guide for the Perplexed Part III: The Amended Settlement Agreement

On Friday, November 13, 2009, Google, the Authors Guild, and the Association of American Publishers filed an Amended Settlement Agreement (ASA) in the copyright infringement litigation concerning the Google Library Project. The amendments proposed by the parties are designed to address objections made by the U.S. Department of Justice and copyright holders to the original proposed settlement agreement. This paper by Jonathan Band describes the ASA’s major changes, with emphasis on those changes relevant to libraries.

Subjects: Copyright, Legal Research, Libraries & Librarians, Search Engines

Can Collaboration Solve Copyright Status Questions? The WorldCat Copyright Evidence Registry

As Roger V. Skalbeck documents, one of the underlying obstacles to reproducing older books is a central place to look for information about what is protected by copyright and what may have passed into the public domain is lacking. Responding to this need, OCLC recently introduced a beta service, the WorldCat Copyright Evidence Registry (CER). It could be a very valuable resource for recording and sharing copyright status information.

Subjects: Copyright, Features, Search Engines

A Guide for the Perplexed: Libraries and the Google Library Project Settlement

Jonathan Band’s article outlines the settlement’s provisions, with special emphasis on the provisions that apply directly to libraries. The settlement is extremely complex (over 200 pages long, including attachments), so this paper of necessity simplifies many of its details.

Subjects: Copyright, Features, Legal Research, Libraries & Librarians, Search Engines, Search Strategies, Technology Trends

Features – The Google Library Project: The Copyright Debate

The Google Library Project: The Copyright Debate

American Library Association, Office for Information Technology Policy Brief, January 2006

By Jonathan Band

Subjects: Copyright, Libraries & Librarians, Search Engines

Indecisive Decision: An Examination of the Greenberg and Faulkner Cases and their Impact on Libraries

Sharon Whitfield examines the conflicting decisions made by the Eleventh Circuit Court in the case of Greenberg v. National Geographic and the Second Circuit Court in the case of Faulkner v. National Geographic and the impact that these court decisions may have on libraries that are looking to reformat their copyrighted material into digital media.

Subjects: CD ROM, Copyright, Information Management, Intellectual Property, Libraries & Librarians, Search Engines, Virtual Library
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