Hope the MCN IP SIG finds my copyright e-news helpful -- Lesley
FROM THE OFFICES OF LESLEY ELLEN HARRIS
Copyright, New Media Law E-Commerce News
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Vol. 10, No. 2, March 1, 2006
ISSN 1489-954X
Contents:
1. Studies, Legislation and Conventions:
U.S. Copyright Office Section 108 Study Group
U.S Copyright Office Releases Orphan Works Report
U.S Copyright Office to Examine Copyright Protection Systems Exemptions
Report Criticizes Copyright Advice to Developing Countries
2. Legal Cases:
U.S Court Holds that Google Cache is Fair Use
U.S. Court Holds that Downloading Music is Not Fair Use
Perfect 10 Wins Injunction Against Google Image Search
3. Of Interest:
Newspaper Organization Challenges Search Engines
California May Tie Education Technology Grants to Copyright Education
4. Seminars:
Online Copyright Courses, March 6 - April 28, 2006
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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 2006 Lesley Ellen Harris. This
newsletter may be forwarded, downloaded or reproduced in whole in any print
or electronic format for non-commercial purposes provided that its author is
acknowledged and that you cc: lehlet...@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:
U.S. COPYRIGHT OFFICE SECTION 108 STUDY GROUP-This Study Group of copyright
experts under the auspices of the Library of Congress will be making
recommendations for updating the exceptions for libraries and archives, in
light of digital media. If you would like to participate in Public
Roundtable discussions with this group, you must submit your request by
March 3, 2006 at 5 pm. See: http://www.loc.gov/section108/.
U.S. COPYRIGHT OFFICE RELEASES ORPHAN WORKS REPORT - The U.S. Copyright
Office has released its Report on Orphan Works, a study on
copyright-protected works whose owners are difficult or impossible to find.
The report calls for changes in the legislation to reduce potential
liability where a copyright owner cannot be located following a reasonable
search.
The report is at: http://www.copyright.gov/orphan/.
U.S. COPYRIGHT OFFICE TO EXAMINE COPYRIGHT PROTECTION SYSTEMS EXEMPTIONS -
The U.S. Copyright Office is holding hearings to examine exemptions to the
prohibition on circumventing copyright protection systems for access
technologies. The Copyright Office will determine whether there are
particular classes of work that should be exempt from the prohibition
because users are, or are likely to be, adversely affected in their ability
to make non-infringing uses. The hearings will be held in Palo Alto on
March 23 and 24, and in Washington, D.C. on March 29 and 31, and April 3 and
4. Requests to testify must be received by March 10, 2006. For more
information, see: http://www.copyright.gov/fedreg/2006/71fr9302.html.
REPORT CRITICIZES COPYRIGHT ADVICE TO DEVELOPING COUNTRIES - A report by
Consumers International has criticized the World Intellectual Property
Organization's technical assistance to developing countries. In a study of
copyright laws in 11 Asian countries, the report found that the countries
had given copyright owners much more protection than is required under the
intellectual property treaties to which the countries are signatories.
The report is at: http://www.consumersinternational.org/.
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2. LEGAL CASES:
U.S COURT HOLDS THAT GOOGLE CACHE IS FAIR USE - A Nevada (U.S.) federal
district court has held that Google Cache does not infringe
copyright-protected works. In Field v Google, the court also ruled that
Google held an implied license to reproduce copyright-protected works online
because the copyright owner knew that Google was making a copy and did not
block the search engine's robot from archiving or caching his Web pages. In
addition, the court held that Google Cache constitutes fair use, since the
cached copy serves a different purpose from the copy provided by the owner.
Finally, the court held that Google Cache constitutes intermediate and
temporary storage of material under the Digital Millennium
