E-Letter on Copyright, Licensing and E-Commerce News

Fri Mar 4 15:39:17 EST 2005

(Cross-posted; please excuse duplication.)

Trying to keep up with current issues in copyright law
and licensing? The following e-letter on Copyright,
Licensing & E-Commerce News can be received for free
by e-mailing Lesley Ellen Harris at
lesley at copyrightlaws.com

Sincerely, 

Amritha
amritha at copyrightlaws.com

FROM THE OFFICES OF LESLEY ELLEN HARRIS
Copyright, New Media Law & E-Commerce News
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Vol. 9, No. 1, March 3, 2005
ISSN 1489-954X

Contents:

1. Studies, Legislation and Conventions:
CCC Report Finds Employees Routinely Violate Copyright
U.S. Copyright Office to Examine “Orphan Works”
Israel to Legalize Private Copying
Collective Copyright Management Introduced into China

2. Legal Cases:
U.S. Supreme Court to Hear Grokster
U.S. Court Finds Linking Violates Copyright
Canadian Court Rules that MP3 Players Are Outside
Private Copying Regime

3. Of Interest:
Google & Research Libraries to Digitize Works
German National Library Allowed to Copy Electronic    
Materials
April 26 is World IP Day

4. Publications and Web sites:
Spring 2005 Online Courses
The Copyright & New Media Law Newsletter
Certified Software Manager Seminar and Exam

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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 2005 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:
lehletter at copyrightlaws.com.

This newsletter is archived with the National Library
of Canada at:
http://collection.nlc-bnc.ca/100/202/300/copyright-a/index.html

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1. STUDIES, LEGISLATION AND CONVENTIONS:

CCC REPORT FINDS EMPLOYEES ROUTINELY VIOLATE COPYRIGHT
– The Copyright Clearance Center (“CCC”) recently
issued a report on the use of electronic
copyright-protected content in the workplace. Of
30,000 corporate employees surveyed, 70% of employees
share electronic information from magazines,
newspapers and newsletters with colleagues, on average
13 times per week, without realizing that their
actions may violate copyright law.  The report is at: 
http://www.copyright.com/media/pdfs/Digital_Workspace_Report.pdf

U.S. COPYRIGHT OFFICE TO EXAMINE “ORPHAN WORKS” – The
U.S. Copyright Office has announced an inquiry into
works whose owners are difficult or impossible to
locate, known as “orphan works”. According to the
Copyright Office, “the uncertainty surrounding
ownership of such works might needlessly discourage
subsequent creators and users from incorporating such
works in new creative efforts or making such works
available to the public.” Written comments from
interested parties must be received on or before March
25, 2005.
For more information, see: 
http://www.copyright.gov/fedreg/2005/70fr3739.html

ISRAEL TO LEGALIZE PRIVATE COPYING – The Israeli
Ministry of Justice has announced plans to amend the
country’s copyright legislation to allow for private
copying of music CDs. The copying must be done on
stipulated types of media, and a fee will be levied on
producers of recordable media.

COLLECTIVE COPYRIGHT MANAGEMENT INTRODUCED INTO CHINA
– Chinese law now includes a provision that rights
such as broadcasting, duplication, and performance can
be entrusted to collective management organizations
for protection. The regulation came into force on
March 1, 2005.

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2. LEGAL CASES:

U.S. SUPREME COURT TO HEAR GROKSTER – The Supreme
Court announced in December that it is to hear the P2P
piracy case, MGM v. Grokster. In August 2004, the
Court of Appeals for the Ninth Circuit held that P2P
services were not liable for their users’ “file
sharing” of  copyright-protected music and movies.
Oral arguments will likely take place spring 2005,
with a ruling expected in July 2005.

U.S. COURT FINDS THAT LINKING VIOLATES COPYRIGHT – In
an unusual decision, a U.S. District Court held that
linking to another Web site resulted in liability for
copyright infringement, because the defendant had
“extensive involvement” in the content of the
linked-to site. In Bateseville Serv. Inc v. Funeral
Depot Inc, the court acknowledged that mere linking is
not usually a copyright violation, but held that
because the defendant designed the allegedly
infringing Web pages, paid for the pages, and
controlled modifications to the pages, there was
sufficient involvement that a reasonable jury could
find the defendant liable for copyright infringement.

CANADIAN COURT RULES THAT DIGITAL RECORDERS ARE
OUTSIDE PRIVATE COPYING REGIME – The Federal Court of
Appeal recently ruled that MP3 players are not subject
to Canada’s private copying regime. The Copyright
Board had previously held that the devices memory was
“blank audio recording media”, and that MP3
manufacturers were therefore required to pay a levy
under the private copying regime. The decision will
likely be appealed to the Supreme Court of Canada.

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3. OF INTEREST:

GOOGLE & RESEARCH LIBRARIES TO DIGITIZE WORKS – Google
has reached agreements with several research libraries
to digitize the libraries’ works and make them
searchable on the Web. The agreement, reached with
libraries including Harvard University, Oxford
University and the New York Public Library, allows
Google to publish the full text of works that are not
subject to copyright, and to make short excerpts of
copyright-protected works available online.

GERMAN NATIONAL LIBRARY ALLOWED TO COPY ELECTRONIC
MATERIALS – The German Federation of the Phonographic
Industry and the German Booksellers and Publishers
Association have agreed to allow the German national
library (Deutsche Bibliothek) to legally circumvent
copy protection mechanisms on electronic materials.
The agreement, which covers CD-ROMs, videos, software
and e-books, was made to allow the library to fulfill
its legal obligation to collect and make available
material for long-term archiving purposes.

APRIL 26 IS WORLD IP DAY – The World Intellectual
Property Organization (“WIPO”) has designated April
26, 2005 as World IP Day as part of its educational
and public awareness activities. For more information,
see http://www.wipo.int/

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4. PUBLICATIONS AND SEMINARS:

SPRING 2005 ONLINE COURSES – Need to learn more about
copyright law and licensing but never seem to have the
time to attend a course or read an entire book on the
topic? Copyrightlaws.com is offering online courses to
guide you through the “copyright maze” to provide you
with a strong understanding of copyright basics and
managing your copyright and licensing issues. In
spring 2005, there are four courses:
&#8721; Managing Copyright Issues
&#8721; U.S. Copyright Law
&#8721; Digital Licensing
&#8721; Canadian and International Copyright Law
Courses last for eight weeks, and comprise 16 lessons,
which are e-mailed directly to you. (Digital Licensing
is 9 weeks, with 27 e-lessons).
For more information, visit http://copyrightlaws.com
or e-mail seminars at copyrightlaws.com. To register, go
to http://www.acteva.com/go/copyright.

THE COPYRIGHT & NEW MEDIA LAW NEWSLETTER:  FOR
LIBRARIES, ARCHIVES & MUSEUMS – This unique newsletter
is entering into its ninth year of publication in
2005. This is a print newsletter published four times
per year, with contributors and authors from around
the world. If you would like to see a sample copy of
this newsletter, email: libraries at copyrightlaws.com. 
Subscription information is at:
http://copyrightlaws.com.

CERTIFIED SOFTWARE MANAGER SEMINAR AND EXAM – This
6-hour in-person seminar covers compliance with
copyright law, negotiating and managing software
licenses, and managing software assets more
efficiently. Completing the course and the final exam
earns you a Certified Software Manager certificate
from the Software & Information Industry Association.
For upcoming dates and cities, email
servicelogic at licenselogic.com, call 1-800-731-7023, or
visit www.licenselogic.com (enter the promotion code
CR05 for $50 off the seminar).

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This newsletter is prepared by Lesley Ellen Harris, a
Copyright Lawyer and Consultant. Lesley is the author
of the books Canadian Copyright Law (McGrawHill),
Digital Property: Currency of the 21st Century, and
Licensing Digital Content (ALA Editions).  Lesley can
be reached at lesley at copyrightlaws.com, and at
http://copyrightlaws.com.
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This LEH-Letter issue was prepared with the help of
Beth Davies.

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