Re: Web and Ecommerce Privacy Policies
Christine, One thing to keep in mind about a privacy policy: getting one in place is only half the battle. Actually abiding by it can be the real challenge. Make sure that your privacy policies and practices are in sync, or you'll be worse off than if you didn't have one at all. It's a good idea to sit down with the folks in sales/credit and figure out what they actually do with all of the information that they get, because if you get a cookie cutter policy that doesn't reflect the reality at your institution, there's bound to be friction. kwg Kevin W. Grierson Willcox Savage, P.C. One Commercial Place, Ste. 1800 Norfolk, Virginia 23510 mailto:kgrier...@wilsav.com ph: 757/628-5603 fx: 757/628-5566 http://wilsav.com mc...@listserv.mcn.edu 12/19/03 12:02PM We here at OHS are about to write privacy policies for our website and ecommere site. Do you have both, or one in place at your institution? Would you share so I can have a sample to write ours on? Thank you in advance for your prompt attention to this matter. Happy Holidays! Christine Bostick IT Director Oregon Historical Society 1200 SW Park Avenue Portland, OR 97205 Phone: 503-306-5217 Fax: 503-478-3017 chr...@ohs.org --- You are currently subscribed to mcn_mcn-l as: kgrier...@wilsav.com To unsubscribe send a blank email to leave-mcn_mcn-l-29556...@listserver.americaneagle.com --- You are currently subscribed to mcn_mcn-l as: rlancefi...@mail.wesleyan.edu To unsubscribe send a blank email to leave-mcn_mcn-l-12800...@listserver.americaneagle.com
Re: Audio question
Although I'm not particularly familiar with licensing music for museums, I would like to clear a couple of things up: 1. There is no 15-second rule for music samples. I have also heard this as the 7-second rule, 10-second rule etc. Fair use analysis depends on the amount of material used and the nature of the use, but there are no hard and fast rules. If an enterprise is commercial in nature, a 3-second clip that is identifiable might be infringement. 2. I agree with Lois, you are better off getting a license for whatever you are doing. Given the nature of the use, a license would probably not be very expensive. BMI and ASCAP cover the licenses for most commercial musical works; otherwise, you can probably get some music from a local studio or composer. kwg Kevin W. Grierson Willcox Savage, P.C. One Commercial Place, Ste. 1800 Norfolk, Virginia 23510 mailto:kgrier...@wilsav.com ph: 757/628-5603 fx: 757/628-5566 http://wilsav.com mcn-l@mcn.edu 11/25/03 09:45PM Rachel, I'm sure many of the members from museums can help you regarding the 15-second issue, but my understanding as a producer (educational video, CD-ROM, web etc.) is that it's always best to specifically clear all your media elements, unless there's absolutely no question that they are in the public domain. The fact that the Museum charges admission may be a factor, even though it's an educational institution. Music is especially tricky because it can involve publishers, composers, and artists. However, clearing the rights doesn't necessarily mean that you have to pay a lot. Unless you simply must have a specific piece, there are many reasonable needle-drop music libraries and hungry composers in the Bay Area who would be glad to work with you. I think music is no different than using a photograph in terms of clearances. Our attorney always advises us to keep everyone informed as to how we are using their materials, whether purchased or donated. For example, if you're using a modern piece, you don't want to have a composer's relatives report how thrilled they were to recognize the music on the audio tour if that composer doesn't know anything about the project. If that were to happen, you could end up paying a lot more later. Hope this is helpful. -- Lois McLean, Producer McLean Media i...@storyline.com http://www.storyline.com 12489 Rough and Ready Hwy. Grass Valley, CA 95945 tel 530-271-5630 Rachel Davidman wrote: Hello, I have recently joined this community and would love to hear back from anyone who may have information about the following question. We are working on putting together material for an audio guide, is anyone aware of the limitations for using music that would allow us to avoid the copyright fees. I am aware of the 15 second limitation on the web if it is connected to marketing, but what about for an audio tour of an exhibition? Thanks. Rachel --- You are currently subscribed to mcn_mcn-l as: kgrier...@wilsav.com To unsubscribe send a blank email to leave-mcn_mcn-l-29556...@listserver.americaneagle.com --- You are currently subscribed to mcn_mcn-l as: rlancefi...@mail.wesleyan.edu To unsubscribe send a blank email to leave-mcn_mcn-l-12800...@listserver.americaneagle.com
Re: IP SIG: Artists' signatures
Amalyah, both copyright and rights of publicity figure into use of an artist's signature. Permission from the artist or her estate would, of course, cover both. The tricky part is that publicity rights vary a lot more than copyright does. I wouldn't even hazard a guess as to what rights, if any, an artist would have in her signature in Israel. One good thing about the right of publicity is that in many jurisdictions, unlike copyright, it ends when you die (Tennessee being one of the more notable exceptions). kwg Kevin W. Grierson Willcox Savage, P.C. One Commercial Place, Ste. 1800 Norfolk, Virginia 23510 mailto:kgrier...@wilsav.com ph: 757/628-5603 fx: 757/628-5566 http://wilsav.com mc...@listserv.mcn.edu 11/26/03 09:48AM Has anyone dealt with clearing permission to use artists's signatures on a museum poster or in a museum publicity campaign? You know, a bunch of famous signatures and a tag line like come join your favorite friends at the museum or some such. Is this even a matter of copyright clearance -- perhaps right of publicity is more to the point. Any comments welcome. Amalyah Keshet Director of Image Resources Copyright Management The Israel Museum, Jerusalem www.imj.org.il --- You are currently subscribed to mcn_mcn-l as: kgrier...@wilsav.com To unsubscribe send a blank email to leave-mcn_mcn-l-29556...@listserver.americaneagle.com --- You are currently subscribed to mcn_mcn-l as: rlancefi...@mail.wesleyan.edu To unsubscribe send a blank email to leave-mcn_mcn-l-12800...@listserver.americaneagle.com
Fwd: [CNI-(C)] [NetGold] TRADEMARKS: CASES: It is Safe to
Apparently the Library Hotel's proprietors took the claim seriously, as the Dewey Decimal case settled rather quickly. kwg Kevin W. Grierson Willcox Savage, P.C. One Commercial Place, Ste. 1800 Norfolk, Virginia 23510 mailto:kgrier...@wilsav.com ph: 757/628-5603 fx: 757/628-5566 http://wilsav.com Received: from norfolk.wilsav.com by mailhost.wilsav.com; Tue, 25 Nov 2003 11:36:17 -0500 Received: from mail2.cni.org ([192.100.21.12]) by norfolk.wilsav.com via smtpd (for NOR_FS_02 [192.6.120.11]) with ESMTP; Tue, 25 Nov 2003 11:36:18 -0500 X-ListServer: CommuniGate Pro LIST 4.0.3 List-Unsubscribe: mailto:cni-copyright-...@cni.org List-ID: CNI-COPYRIGHT.cni.org List-Archive: https://cni.org:443/Lists/CNI-COPYRIGHT/List.html Message-ID: list-1752...@cni.org Reply-To: CNI-COPYRIGHT -- Copyright Intellectual Property cni-copyri...@cni.org Sender: CNI-COPYRIGHT -- Copyright Intellectual Property cni-copyri...@cni.org To: CNI-COPYRIGHT -- Copyright Intellectual Property cni-copyri...@cni.org Precedence: list Date: Tue, 25 Nov 2003 11:35:05 -0500 X-Original-Message-ID: redirect-1752...@cni.org From: David P. Dillard j...@astro.ocis.temple.edu Subject: [CNI-(C)] [NetGold] TRADEMARKS: CASES: It is Safe to Return to Your New York Hotel Late in the Morning Somewhat Dewey Eyed MIME-Version: 1.0 Date: Tue, 25 Nov 2003 06:50:21 -0500 (EST) From: David P. Dillard j...@temple.edu Reply-To: netg...@yahoogroups.com To: NetGold netg...@yahoogroups.com Subject: [NetGold] TRADEMARKS: CASES: It is Safe to Return to Your New York Hotel Late in the Morning Somewhat Dewey Eyed TRADEMARKS: CASES: It is Safe to Return to Your New York Hotel Late in the Morning Somewhat Dewey OCLC and The Library Hotel Settle Trademark Complaint http://www.oclc.org/news/releases/20031124.htm DUBLIN, Ohio, USA, 24 November 2003OCLC Online Computer Library Center, Inc. and The Library Hotel (New York, New York) have reached a settlement agreement regarding the use of the Dewey Decimal Classification system trademarks by The Library Hotel. On Sept. 10, 2003, OCLC filed a trademark infringement complaint against The Library Hotel in federal court in Columbus, Ohio. Under the settlement terms, The Library Hotel will receive permission from OCLC to use the Dewey Decimal Classification trademarks in its hotel and in its marketing materials, with an acknowledgment that OCLC is the owner of the Dewey trademarks. The Library Hotel will make a financial donation to a non-profit organization that promotes reading by children. We are pleased that this matter has been resolved so quickly, said Jay Jordan, OCLC President and CEO. The agreement is a good outcome for both the library cooperative and The Library Hotel. It permits the use of the Dewey Decimal Classification trademarks at the hotel and in the hotel's marketing materials and acknowledges OCLC's trademark rights. -- Full Press Release May Be Read at the URL Above. Sincerely, David Dillard Temple University (215) 204 - 4584 j...@astro.temple.edu http://groups.yahoo.com/group/NetGold/ http://www.edu-cyberpg.com/ringleaders/davidd.html http://www.kovacs.com/medref-l/medref-l.html # This message is sent to you because you are subscribed to the mailing list cni-copyri...@cni.org. To unsubscribe, E-mail to: cni-copyright-...@cni.org To switch to the DIGEST mode, E-mail to cni-copyright-dig...@cni.org To switch to the INDEX mode, E-mail to cni-copyright-in...@cni.org To postpone your subscription, E-mail to cni-copyright-n...@cni.org Send administrative queries to cni-copyright-requ...@cni.org Visit the CNI-COPYRIGHT e-mail list archive at https://mail2.cni.org/Lists/CNI-COPYRIGHT/. --- You are currently subscribed to mcn_mcn-l as: rlancefi...@mail.wesleyan.edu To unsubscribe send a blank email to leave-mcn_mcn-l-12800...@listserver.americaneagle.com
Re: IP SIG: Library Hotel sued for Dewey Decimal Systeminfringement
What's not clear from the articles about the suit is whether the Library Hotel actually used the name Dewey Decimal anyplace. The system itself is too old for copyright or patent protection to apply, and I can't see any way the OCLC has an enforceable trademark in the individual numbers themselves. kwg Kevin W. Grierson Willcox Savage, P.C. One Commercial Place, Ste. 1800 Norfolk, Virginia 23510 mailto:kgrier...@wilsav.com ph: 757/628-5603 fx: 757/628-5566 http://wilsav.com Sign up for our E-Commerce Newsletter at http://wilsav.com/nep/news_signup.html mcn-l@mcn.edu 09/25/03 01:55AM From the Hey, Let's Kill a Great Idea department: Who knew that someone owned the Dewey Decimal System? Apparently not the owners of the Library Hotel, nestled in the shadow of the New York Public Library. Now the boutique hotel, which numbers its guest rooms and stocks them with books according to Melvil Dewey's century-old library classification system, is being sued for using it. http://www.nytimes.com/2003/09/23/nyregion/23DEWE.html?ex=1065325432ei=1; amalyah keshet head of image resources copyright management the israel museum, jerusalem www.imj.org.il board of directors, the museum computer network www.mcn.edu --- You are currently subscribed to mcn_mcn-l as: kgrier...@wilsav.com To unsubscribe send a blank email to leave-mcn_mcn-l-29556...@listserver.americaneagle.com --- You are currently subscribed to mcn_mcn-l as: rlancefi...@mail.wesleyan.edu To unsubscribe send a blank email to leave-mcn_mcn-l-12800...@listserver.americaneagle.com
Re: IP SIG et al: Fw: Sign Petition to Stop the RIAA
Although I am generally a fan of the EFF, I find myself unsympathetic to those on the receiving end of the 260-odd lawsuits that have been filed by the RIAA so far. Consider for a moment that those sued were making over a thousand songs EACH available for download by others. The settlement reached by the parents of the little girl who's made the news-some $2,000-thus comes to a penalty of about $2 a song, assuming that she's in the lower range of the violators. Frankly, after the huge flap with Napster a few years ago, anybody who continued to think that their music downloads were NOT copyright violations were either living under a rock or intentionally ignorant. I am not a big fan of the RIAA, and I personally think that it really missed the boat with the internet-a cross company platform like iTunes is welcome but about 3 or 4 years too late. That said, they've spent millions of dollars on educational advertising to no apparent effect, and it appears the only way to make an impression on the average consumer/file-sharer is to smack a few of the most egregious offenders around, hoping to scare the rest into compliance (and it does appear to be working, at least based on anecdotal evidence that traffic on the P2P networks has decreased since the suits started). Suing your customers is never a good idea, but if they're stealing from you, do you really have much of a choice? My two cents, Kevin Grierson Kevin W. Grierson Willcox Savage, P.C. One Commercial Place, Ste. 1800 Norfolk, Virginia 23510 mailto:kgrier...@wilsav.com ph: 757/628-5603 fx: 757/628-5566 http://wilsav.com Sign up for our E-Commerce Newsletter at http://wilsav.com/nep/news_signup.html mcn-l@mcn.edu 09/16/03 03:14AM Original Message Subject: Sign our Petition to Stop the RIAA Lawsuits! Date: Fri, 12 Sep 2003 17:57:42 -0700 (PDT) Dear EFF Supporter: This is astounding - in the first 24 hours, over 6,000 people have signed our petition to stop the Recording Industry Association of America's (RIAA) nationwide rampage against average Americans. Rather than working to create a rational, legal means by which its customers can take advantage of file-sharing technology and pay a fair price for the music they love, it has chosen to sue people like Brianna LaHara, a 12 year-old girl living in New York City public housing. Take a stand against the RIAA's tactics by signing our petition: http://www.eff.org/share/petition/ Brianna, and hundreds of other music fans like her, are being forced to pay thousands of dollars they do not have to settle RIAA-member lawsuits -- supporting a business model that is anything but rational. This crusade is generating thousands of subpoenas and hundreds of lawsuits, but not a single penny for the artists that the RIAA claims to protect. Copyright law shouldn't make criminals out of 60 million Americans, and it's time for a change. Congress is going to hold hearings; we need our help to make sure that the public's voice is heard. Tell Congress that it's time to stop the madness: http://www.eff.org/share/petition/ We'll deliver the petition to Congress once we've hit 10,000 signatures. This is a grassroots campaign - please take the time to tell your friends and family about this issue. Thanks for support! Sincerely, Ren Bucholz EFF Activist --- You are currently subscribed to mcn_mcn-l as: kgrier...@wilsav.com To unsubscribe send a blank email to leave-mcn_mcn-l-29556...@listserver.americaneagle.com --- You are currently subscribed to mcn_mcn-l as: rlancefi...@mail.wesleyan.edu To unsubscribe send a blank email to leave-mcn_mcn-l-12800...@listserver.americaneagle.com
Re: IP SIG: Court Rules 'Thumbnail' Images OK, Full
As with much of copyright law, context is key. Both the district court and the 9th Circuit in Kelly v. Arriba Soft found that the thumbnails were allowable as transformative use because (1) they served a useful purpose, i.e. allowing a preview of the image before it was accessed; and (2) because the thumbnails had been reduced in resolution so that they did not form an effective substitute for the original. If there were some context in which the thumbnails could substitute for the original (especially if the image were not much reduced in size or resolution) the outcome might be different. Ditto for ditto.com, if you'll pardon the pun. I have yet to see a case where a court has held that merely linking to the web page of another constituted copyright infringement IF the link brought up the original page in its entirety and not merely a portion of it framed by the alleged infringer's own site (Ticketmaster v. Microsoft brought up this issue, but the case was settled without written opinion). Could such linking constitute infringement? Under appropriate circumstances, I guess it could, but it'd be hard to convince a judge that just putting up a link to a publically available web page, without more, constitutes infringement. When considering when a use is fair use, at least under U.S. law, it's always important to go back to the original statutory factors in section 107 of the Copyright act and and consider (this is a paraphrase): 1. The purpose and character of the use, including whether the use is commercial in nature or for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. The amount and substantiality of the portion used in relation to the work as a whole; and 4. The effect of the use upon the potential market for or value of the copyrighted work. The important thing to remember is that the same use of the copyrighted work can be fair use in some circumstances and not others. A copy of part of an article made by a researcher working on his master's thesis is much less likely to be considered infringement than a copy made by a lecturer preparing materials for paid seminars (especially if a copy is made for each of the paid attendees). A fairly good reproduction of a work of art being sold by the owner of the physical copy might be fair use, where the same image on a paid access web page highlighting different artists' works without their permission might not. My two cents, Kevin Grierson Kevin W. Grierson Willcox Savage, P.C. 1800 Bank of America Center One Commercial Place Norfolk, Virginia 23510 mailto:kgrier...@wilsav.com ph: 757/628-5603 fx: 757/628-5566 http://www.wilsav.com raba...@pipeline.com 02/10/02 11:26PM At 07:34 PM 2/10/2002 -0500, quigley wrote: Thanks for the article. I thought thumbnails were okay anyway and big stuff was naughty - Isn't that the general principle we are operating under? It may be that nobody makes a big point about thumbnails, but at the NINCH Town Meeting at CAA in NYC a few years ago, Jane Ginsburg (Columbia School of Law) argued vociferously that showing unlicensed thumbnails was an infringement -- and that there was no way to think of them otherwise. And, in response to the notice of this recent Ditto.com decision that Maryly Snow posted to several lists, VRA-L among them, Robert Panzer, executive director of VAGA (and a member of the CAA Intellectual Property Committee), also expressed his view that the mounting of thumbnails without permission was potentially infringing. I disagree with this position; but one shouldn't take it for granted that everyone consideres the practice is acceptable. As I understand the recent Ditto.com ruling -- linking to the larger pictures was considered an infringement, but not absolutely infringing in all situations. In this case, Ditto.com live-linked to images and placed them within their own frames -- which contained advertisements. In other words they took these images to further their own commercial interests as they denied the artist opportunity to use his own work for his own benefit. As I see it, the decision does not explicitly rule out posting (or linking to) all copyrighted images. Different facts might produce a different decision. Robt === Robert A. Baron mailto:rob...@studiolo.org http://www.pipeline.com/~rabaron/ http://www.studiolo.org --- You are currently subscribed to mcn_mcn-l as: kgrier...@wilsav.com To unsubscribe send a blank email to leave-mcn_mcn-l-15248...@listserver.americaneagle.com --- You are currently subscribed to mcn_mcn-l as: rlancefi...@mail.wesleyan.edu To unsubscribe send a blank email to leave-mcn_mcn-l-12800...@listserver.americaneagle.com
