>Thread-Topic: VRA Intellectual Property Rights News: October 2008
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>Date:         Mon, 3 Nov 2008 08:29:09 -0500
>Reply-To:     Visual Resources Association <VRA-L at LISTSERV.UARK.EDU>
>Sender:       Visual Resources Association <VRA-L at LISTSERV.UARK.EDU>
>From:         Jennifer Green <Jennifer.Green at MASSART.EDU>
>Subject: VRA Intellectual Property Rights News: October 2008
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>IPR-In the News
>Compiled by Jen Green, Massachusetts College of Art + Design
>------------------------------------------------------------------------------------------------------------
>
>Senate Passes Orphan Works Bill; "PRO IP" Bill Headed to President's Desk
>by Andrew Albanese, Library Journal, September 30, 2008
><http://www.libraryjournal.com/article/CA6600674.html>http://www.libraryjournal.com/article/CA6600674.html
>
>As Congress headed into overtime last weekend to consider a bill 
>meant to address the troubled financial markets, two major copyright 
>bills passed in the Senate, including one that addresses orphan 
>works, a measure long fought for and supported by libraries.
>------------------------------------------------------------------------------------------------------------
>
>Blog: Recording Industry to Webcasters: Don't Get Too Excited
>by Peter Whoriskey, Washington Post, October 1, 2008
><http://tinyurl.com/3p3lmr>http://tinyurl.com/3p3lmr
>
>The copyright negotiations between Webcasters and the recording 
>industry may continue under a bill approved by Congress over the 
>weekend. But the trouble for Webcasters may be far from over.
>------------------------------------------------------------------------------------------------------------
>
>Copyright Judges Force Ruling on Digital Music Royalties
>by Clint DeBoer, Audioholics, October 6, 2008
><http://tinyurl.com/3s8jvc>http://tinyurl.com/3s8jvc
>
>The revolution will not be televised after all... Last week, three 
>copyright judges forced an end to debate between songwriters, labels 
>and online digital music services by maintaining current royalty 
>rates on CDs, downloads, online streaming services and ringtones... 
>for the most part.
>------------------------------------------------------------------------------------------------------------
>
>Radiohead Lead Featured Artists Coalition, Seek Greater Rights
>Rolling Stone, October 6, 2008
><http://tinyurl.com/3opyt7>http://tinyurl.com/3opyt7
>
>Radiohead, Pink Floyd's David Gilmour, the Pretenders' Chrissie 
>Hynde, and Iron Maiden are among the initial artists to sign up for 
>and usher in the launch of the new Featured Artists Coalition. As 
>the music industry continues to shift into the digital age, the 
>Coalition seeks to protect the artist's rights over their own music.
>------------------------------------------------------------------------------------------------------------
>
>Apple Asks Computer-Training School in Canada to Stop Using an Apple 
>as Its Logo
>by Jeffrey Young, The Chronicle of Higher Education: Wired Campus, 
>October 7, 2008
><http://tinyurl.com/5mbube>http://tinyurl.com/5mbube
>
>Apple Inc. sent a threatening legal letter to the Victoria School of 
>Business and Technology in August demanding that the school stop 
>using an apple as its logo. But the school isn't budging, and its 
>president has posted a letter online calling Apple a bully.
>------------------------------------------------------------------------------------------------------------
>
>Web Firms' Bid for Copyright Clarity Left Hanging
>by John Letzing, MarketWatch, October 7, 2008
><http://tinyurl.com/4qwc8j>http://tinyurl.com/4qwc8j
>
>When Lawrence Lessig mounted a high-profile challenge to existing 
>copyright protections years ago, the Stanford University law 
>professor was hoping to prod a broader examination of how to make 
>better uses of authors' work. Now Lessig says he's horrified at one 
>of the results: a bill that sailed through the Senate last month and 
>has become mired in the House Judiciary Committee. "It's just about 
>the most ineffective solution one can imagine," Lessig complained of 
>the legislation.
>------------------------------------------------------------------------------------------------------------
>
>'Napster Judge' Thumps RealDVD, but Will She Ban It?
>by Greg Sandoval, CNet News, October 8, 2008
><http://news.cnet.com/8301-1023_3-10061548-93.html>http://news.cnet.com/8301-1023_3-10061548-93.html
>
>Inside Marilyn Patel's courtroom on Tuesday, it was obvious the 
>federal judge was concerned by some of the things she heard about 
>RealDVD. The $30 software enables people to copy DVDs and store 
>their contents on a computer's hard drive.
>------------------------------------------------------------------------------------------------------------
>
>News Release: Broad Divisions Between Political Parties on Copyright 
>Issues Impacting Canadian Musicians
>by Canadian Private Copying Collective, CNW Group, October 8, 2008
><http://www.newswire.ca/en/releases/archive/October2008/08/c4462.html>http://www.newswire.ca/en/releases/archive/October2008/08/c4462.html
>
>The Canadian Private Copying Collective (CPCC) today released the 
>results of a survey sent to all five major federal political 
>parties, asking each party for its views on issues related to 
>Canada's private copying regime. These results will be of interest 
>to all copyright owners, including the approximately 97,000 rights 
>holders who have received private copying levies, in order to inform 
>their decision-making as to how they vote in the October 14th 
>federal general election.
>------------------------------------------------------------------------------------------------------------
>
>United Kingdom: Consultation on Copyright Exemptions for Public 
>Performance of Music
>UK Intellectual Property Office, Internet Business and Law Services, 
>October 12, 2008
><http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1422>http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1422
>
>A consultation on exemptions to copyright law for certain charitable 
>and not-for-profit organizations was launched today by the UK 
>Intellectual Property Office. The Music Licensing Review 
>consultation will seek views from music rights holders, 
>representative bodies of users and rights holders and users on two 
>exemptions, which allow charitable organizations to pay for only one 
>of two licenses normally required for playing music.
>------------------------------------------------------------------------------------------------------------
>
>Blog: Collectanea: It's Official; There's now a Position of Federal 
>Copyright Czar
>by Georgia Harper, October 13, 2008
><http://tinyurl.com/3jmxvq>http://tinyurl.com/3jmxvq
>
>As Wired reports (Bush Signs Law Creating Copyright Czar), it's 
>official: we've got a cabinet level position vested with fighting a 
>war on copyright infringement. I guess as far as the digital realm 
>goes, the publishers, music execs, recording associations and movie 
>moguls got tired of fighting it on their own.
>------------------------------------------------------------------------------------------------------------
>
>German Court: Google Image Thumbnails Infringe on Copyright
>by John Timmer, ars technica, October 13, 2008
><http://tinyurl.com/4kcokl>http://tinyurl.com/4kcokl
>
>As much as people complain about the challenges of balancing 
>copyrights and fair use in the US, overseas courts have been happy 
>to provide examples that remind us that some aspects of US copyright 
>law are actually fairly liberal. The latest such reminder comes 
>courtesy of a case in Germany that revisits an issue that appears 
>settled in the US: the right of image search services to create 
>thumbnails from copyrighted works to display with the search 
>results. The German courts have now determined that this is not OK 
>in Germany, where Google has just lost two copyright suits over 
>image thumbnails.
>------------------------------------------------------------------------------------------------------------
>
>Press Release: How Fair Use Prevailed in the Harry Potter Case
>ARL & ALA Release Copyright Analysis, October 13, 2008
><http://www.arl.org/news/pr/harry-potter-13oct08.shtml>http://www.arl.org/news/pr/harry-potter-13oct08.shtml
>
>The Association of Research Libraries (ARL) and the American Library 
>Association (ALA) have released "How Fair Use Prevailed in the Harry 
>Potter Case," by Jonathan Band, JD. Band contends that, despite US 
>District Court Judge Robert Patterson's September 8 ruling that the 
>print version of Steven Vander Ark's Harry Potter Lexicon infringed 
>J. K. Rowling's copyright, "the big winner actually was fair use."
>------------------------------------------------------------------------------------------------------------
>
>McCain Campaign Feels DMCA Sting
>legal Analysis by Fred von Lohmann, Electronic Frontier Foundation, 
>October 14, 2008
><http://www.eff.org/deeplinks/2008/10/mccain-campaign-feels-dmca-sting>http://www.eff.org/deeplinks/2008/10/mccain-campaign-feels-dmca-sting
>
>Yesterday, the McCain-Palin campaign sent a letter to YouTube 
>describing the troubles it has been having with bogus DMCA takedowns 
>targeting its videos.
>------------------------------------------------------------------------------------------------------------
>
>Blog: Angry Canadian Poets Target Access Copyright
>P2pnet News, October 16, 2008
><http://www.p2pnet.net/story/17329>http://www.p2pnet.net/story/17329
>
>Access Copyright revenues will top $30 million in 2008 with 75% 
>going to publishers, the largest receiving $4 million, states League 
>of Canadian Poets. But the average writer receives only $496, it 
>says, going on: "In a [sic] historic meeting September 12, 2008 
>writers and other artists came from across Canada to voice their 
>concerns with Access Copyright (AC)."
>------------------------------------------------------------------------------------------------------------
>
>Blog: Digital Natives May Force Rethinking on Copyright, Privacy and Broadband
>by Drew Bennett, BroadbandCensus.com, October 16, 2008
><http://broadbandcensus.com/blog/?p=889>http://broadbandcensus.com/blog/?p=889
>
>As a part of its burgeoning lecture and discussion series, "DC 
>Talks", Google's Washington office on Wednesday featured Berkman 
>Center Director and Harvard Law Professor John Palfrey and his new 
>book, Born Digital: Understanding the First Generation of Digital 
>Natives. Accompanying Palfrey were Sarah Zhang and Diana Kimball, 
>two Harvard students and digital natives who served as both research 
>assistants and research subjects for the book.
>------------------------------------------------------------------------------------------------------------
>
>News week in review: Copyright, Copyright, Copyright Edition
>by John Timmer, Ars Technica, October 18, 2008
><http://tinyurl.com/6pd3kz>http://tinyurl.com/6pd3kz
>
>The ease with which digital media can be copied and spread has 
>completely changed the game as far as copyright issues are 
>concerned, and it's rare that a week goes by without a story that 
>focuses on who has the right to distribute what. But this past week, 
>tussles over intellectual property erupted both domestically and 
>overseas, and even dragged in the US Presidential campaign.
>------------------------------------------------------------------------------------------------------------
>
>Where Have All the Legal Downloading Services Gone?
>by Brock Read, Chronicle of Higher Education: Wired Campus, October 20, 2008
><http://tinyurl.com/5zvrwc>http://tinyurl.com/5zvrwc
>
>In its new report, "The Campus Costs of P2P Compliance," the Campus 
>Computing Project makes clear that many colleges are spending a lot 
>of money - more than they'd like - to keep students from downloading 
>pirated music and movies. But one of the report's most interesting 
>findings concerns what colleges aren't paying for: legal 
>alternatives to peer-to-peer piracy.
>------------------------------------------------------------------------------------------------------------
>
>German Artists Defend Copyright in Google Era
>by Trinity Hartman, DW World, October 21, 2008
><http://www.dw-world.de/dw/article/0,2144,3726906,00.html>http://www.dw-world.de/dw/article/0,2144,3726906,00.html
>
>Google might reign as the unchallenged king of German search 
>engines, but a lawsuit over the company's popular image search 
>feature brings into question the rights of German artists in the 
>Internet age.
>
>See related articles below.
>------------------------------------------------------------------------------------------------------------
>
>EFF Gets Involved in Election Video Takedown Spat
>by Chloe Albanesius, PC Magazine, October 21, 2008
><http://www.pcmag.com/article2/0,2817,2332981,00.asp>http://www.pcmag.com/article2/0,2817,2332981,00.asp
>
>The Electronic Frontier Foundation (EFF) is going after several 
>television networks for issuing YouTube takedown notices on campaign 
>videos. EFF on Monday penned a letter to CBS, Fox, NBC Universal, 
>and the Christian Broadcasting Network, and asked that they stop 
>issuing
>Digital Millennium Copyright Act (DMCA) takedown notices on campaign 
>videos posted to YouTube.
>------------------------------------------------------------------------------------------------------------
>
>Blog: G4TV: EA Faces Copyright Infringement Suit
>by John Manalang, October 22, 2008
><http://tinyurl.com/6dghwp>http://tinyurl.com/6dghwp
>
>"Third-party megapublisher Electronic Arts was sued for copyright 
>infringement involving the company's NCAA sports games series. The 
>publisher allegedly used an official University of Las Vegas team 
>anthem without composer Gerald Willis's permission. Willis, who 
>works as a high school music teacher, now demands $1.5 million USD 
>from EA."
>------------------------------------------------------------------------------------------------------------
>
>Will Record Labels Control Digital-music Lockers?
>by Greg Sandoval, CNET News, October 22, 2008
><http://news.cnet.com/8301-1023_3-10072496-93.html>http://news.cnet.com/8301-1023_3-10072496-93.html
>
>A fitting anthem for Michael Robertson these days would be The 
>Rolling Stones' hit, Get Off of My Cloud. For nearly a decade, 
>Robertson, the often controversial cofounder of MP3.com and 
>Linspire, has toiled to store music in the cloud, the term used to 
>describe the seemingly limitless amount of data and services 
>accessible with a Web browser. But in the past, Robertson's efforts 
>have led him into epic legal battles with the music industry. That's 
>where he finds himself once again. In November, EMI filed a 
>copyright suit against him and his music service, MP3tunes.com.
>------------------------------------------------------------------------------------------------------------
>
>Dr Michael Geist: Why Copyright? The Fight for Canada's Digital Future
>by Scott Harris, VUE Weekly, October 23, 2008
><http://www.vueweekly.com/article.php?id=9995>http://www.vueweekly.com/article.php?id=9995
>
>Late last year, rumors began to swirl that federal Minister of 
>Industry Jim Prentice was about to introduce legislation to make 
>sweeping changes to Canada's copyright laws. In response, University 
>of Ottawa law professor Michael Geist created a Facebook group to 
>provide a forum for discussion on the expected bill. The reaction 
>was incredible. In less than a week the group had grown to more than 
>10 000 members, and within a month to 35 000. Fair Copyright for 
>Canada chapters began appearing in cities across Canada, many 
>holding demonstrations at the offices of their local MPs.
>------------------------------------------------------------------------------------------------------------
>
>Google Reaches $125 Million Settlement in Book Copyright Lawsuits
>by Antone Gonsalves, InformationWeek, October 28, 2008
><http://tinyurl.com/6f2o77>http://tinyurl.com/6f2o77
>
>The deal with book publishers and authors would clear the way for 
>Google Book Search to show digitized images of millions of 
>in-copyright books and other library materials. Google on Tuesday 
>said it has agreed to pay $125 million to settle lawsuits from book 
>publishers and authors who objected to the company publishing in 
>search results snippets of in-copyright books and other written 
>materials taken from libraries without permission of copyright 
>holders.
>------------------------------------------------------------------------------------------------------------
>
>Ex-Kazaaer Wants to Turn Pirates into Paying Customers
>by Joel Hruska, Ars Technica, October 28, 2008
><http://tinyurl.com/6kjfdk>http://tinyurl.com/6kjfdk
>
>Kevin Bermeister and Michael Speck, former courtroom adversaries in 
>the file-sharing wars, have since formed an alliance and are 
>preparing to launch a new application that they claim will turn 
>would-be pirates into customers (reluctant or otherwise).
>------------------------------------------------------------------------------------------------------------
>
>Search Engine Cache Does Not Infringe Copyright, Rules US Court
>by OUT-LAW News, October 29, 2008
>  <http://www.out-law.com/page-9541>http://www.out-law.com/page-9541
>
>A court has ruled that Yahoo! and Microsoft had an implied license 
>to copy and display pages from a website because the operator of 
>that site knew how the search engines' opt-out procedures worked but 
>chose to ignore them.
>------------------------------------------------------------------------------------------------------------
>
>Copyright Term Gets Brussels Hearing
>by Robert Ashton, MusicWeek, October 29, 2008
><http://www.musicweek.com/story.asp?sectioncode=1&storycode=1035991&c=1>http://www.musicweek.com/story.asp?sectioncode=1&storycode=1035991&c=1
>
>The legal affairs committee of the European Parliament is opening 
>its public hearing on copyright term next Tuesday.
>------------------------------------------------------------------------------------------------------------
>
>Press Release: The Future of Google Book Search: Our groundbreaking 
>agreement with authors and publishers
>Google.com, October 2008
>
>"Three years ago, the Authors Guild, the Association of American 
>Publishers and a handful of authors and publishers filed a class 
>action lawsuit against Google Book Search. Today we're delighted to 
>announce that we've settled that lawsuit and will be working closely 
>with these industry partners to bring even more of the world's books 
>online. Together we'll accomplish far more than any of us could have 
>individually, to the enduring benefit of authors, publishers, 
>researchers and readers alike."
>------------------------------------------------------------------------------------------------------------
>
>Many thanks to all of our VRA-IPR members who are monitoring 
>multiple listservs to make this IPR news posting possible. Please 
>submit any comments, questions, or suggestions to Jen Green at 
><mailto:jen.green at massart.edu>jen.green at massart.edu
>
>Jen Green
>Visual Resources Librarian
>Morton R. Godine Library
>Massachusetts College of Art and Design
>621 Huntington Avenue
>Boston, MA 02115
>617-879-7109
>jen.green at massart.edu
>


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