Lesley Ellen Harris
lesley at copyrightlaws.com
See my new weblog: http://copyrightlaws.com
FROM THE OFFICES OF LESLEY ELLEN HARRIS
Copyright, New Media Law & E-Commerce News
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Vol. 14, No. 3, May 19, 2010
ISSN 1489-954X
Contents:
1. Studies, Legislation and Conventions
Copyright Reform in Canada
U.S. Colleges Must Deal with Piracy
2. Legal Cases:
Fair Dealing includes Consumer Research
LimeWire not Legal
3. Of Interest:
ARL Receives Grant to Develop Fair Use Code
Participate in Copyright/Licensing Jobs Research
4. Seminars and Publications:
The Copyright & New Media Law Newsletter
Volume 2010, Issue 1
SLA New Orleans, 14 June 2010 - Ask the Copyright Expert
Copyright Certificate Program
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Copyright, New Media & E-Commerce News is distributed for free by
the office of Lesley Ellen Harris. Information contained herein
should not be relied upon or considered as legal advice.
Copyright 2010 Lesley Ellen Harris. This e-letter may be
forwarded, downloaded or reproduced for non-commercial purposes
provided that you cc: lehletter at copyrightlaws.com.
This e-letter, from 1996 to the present, is archived with Library
& Archives Canada at: http://epe.lac-bac.gc.ca/100/201/300/copyright/.
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1. STUDIES, LEGISLATION AND CONVENTIONS:
COPYRIGHT REFORM IN CANADA ? The Canadian Government is planning
to introduce a new copyright reform bill this Spring. Stay tuned
for details at: www.copyrightlaws.com.
U.S. COLLEGES MUST DEAL WITH PIRACY ? The U.S. Higher Education
Opportunity Act ("HEOA") was signed into law on 14 August 2008.
Enforcement of its provisions begin 1 July 2010. Several
sections of the HEOA deal with unauthorized file sharing on
campus networks, requiring all U.S. colleges and universities to
provide: an annual disclosure to students on describing copyright
and campus policies on violating copyright; a plan to "combat"
piracy by users of its network; and, a plan to offer alternatives
to illegal downloading.
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2. LEGAL CASES:
FAIR DEALING INCLUDES CONSUMER RESEARCH - On 14 May 2010, the
Federal Court of Appeal (in Canada) confirmed a Copyright Board
of Canada decision that permits a broad interpretation of fair
dealing (2010 FCA 123.) The issue in the case is whether
"research" as mentioned in the wording of fair dealing extends to
song previews. Such previews would include a person freely
listening to approximately 30 seconds of a song on a site like
iTunes. The Board had ruled in 2007 that the preview was
allowable as consumer research.
LIMEWIRE NOT LEGAL ? A New York District Court ruled on summary
judgement on 12 May 2010 that one of the oldest file-sharing
networks, LimeWire, induced copyright infringement, committed
copyright infringement and practiced unfair competition. The next
hearing for the case is 1 June 2010.
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3. OF INTEREST:
ARL RECEIVES GRANT TO DEVELOP FAIR USE CODE ? The Andrew W. Mellon
Foundation provided a grant to the Association of Research
Libraries ("ARL") to develop a code of best practices in fair use,
applicable to academic and research libraries. The development of
the code will include three phases: a research phase, where
members of the library and legal communities will be interviewed;
a development phase, where the project team, in conjunction with
members of the academic and research library community, will draft
and publish a code of best practices; and an outreach phase, where
the code will be distributed. To participate in the research phase,
contact fairuseproject at arl.org.
PARTICIPATE IN COPYRIGHT/LICENSING JOBS RESEARCH - An upcoming
issue of The Copyright & New Media Law Newsletter will focus on
positions in copyright and licensing. Much of the content will
relate to non-lawyers who deal with intellectual property in their
work. Do you spend much of your work day on copyright and/or
licensing issues? Please email editor at copyrightlaws.com by 21 May
2010 to be part of this process.
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4. SEMINARS AND PUBLICATIONS:
THE COPYRIGHT & NEW MEDIA LAW NEWSLETTER VOLUME 2010, ISSUE 1 ?
The first 2010 issue of The Copyright & New Media Law Newsletter
is now available in print and PDF. Issues covered include advice
on dealing with an infringement, ensuring legal use of electronic
resources, the legacy of the 300 year old Statute of Anne, reviews,
Qs & As, and more! This unique publication provides plain English
copyright compliance and licensing information aimed at a diverse
audience including librarians, educators, government employees,
publishers, digital content creators and distributors, and lawyers.
See: www.copyrightlaws.com.
SLA NEW ORLEANS, 14 JUNE 2010 ? ASK THE COPYRIGHT EXPERT - Have a
copyright or licensing question? If you are attending the SLA
Conference, take the opportunity to obtain a free confidential
consultation. Author, educator and lawyer Lesley Ellen Harris will
be available to answer copyright and licensing questions. This
in the Convention Expo Hall between 11 am and 1 pm.
COPYRIGHT CERTIFICATE PROGRAM ? Copyrightlaws.com jointly with
the Special Library Association/Click University offers a seven
course Certificate in Copyright Management. An eighth course, a
primer on Canadian Copyright Law, is available for any Canadians
wishing to pursue the Certificate. Participants may enroll in
individual courses or in the entire Certificate. Most of the
courses are online and the two in-person courses, Managing
Copyright Issues, and Copyright Education, will be offered on
June 12 and 13 in New Orleans. See: www.clickuniversity.com.
For information on other educational opportunities, see:
www.copyrightlaws.com.
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This newsletter is prepared by Copyright Lawyer Lesley Ellen Harris.
Lesley is the author of the books Canadian Copyright Law, 3rd ed.
(McGraw-Hill), Digital Property: Currency of the 21st Century
(McGraw-Hill), Licensing Digital Content: A Practical Guide for
Librarians, 2nd ed. (ALA Editions), and A Canadian Museum's Guide
to Developing a Licensing Strategy (Canadian Heritage Information
Network). Lesley edits the print newsletter, The Copyright & New
Media Law Newsletter. Lesley may be reached at:
http://copyrightlaws.com.
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If you are looking for further topical and practical information
about copyright law, obtain a sample copy of the print newsletter,
The Copyright & New Media Law Newsletter, from
editor at copyrightlaws.com.
