Intellectual Property: Copyright Law
This site contains an overview of Copyright Law issues, including:Copyright Legislation
Copyright Topics
File sharing P2P
Selected Cases
Selected Articles and Reports
Forms and Resources
Other Useful Links
Berne Convention for the Protection of Literary and Artistic Works
"In 1989 the U.S. joined the Berne Convention for the Protection of Literary and Artistic Works. This is an international treaty to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works."
Code of Federal Regulations - Copyright Office
"A listing of general provisions, registration of claims, policies and procedures of the Copyright Office."
Collections of Information Antipiracy Act of 1999
"The Collections of Information Antipiracy Act seeks to prevent to misappropriation of collections of information."
Digital Millenium Copyright Act (DMCA) of 1998
"The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues."
Digital Millennium Copyright Act - An Overview
"On October 12, 1998, the U.S. Congress passed the Digital Millennium Copyright Act, ending many months of turbulent negotiations regarding its provisions."
Intentional Inducement of Copyright Infringements Act of 2004
"Proposed legislation submitted by the U.S. Copyright Office may subject a company to a copyright infringement claim based on its business model if it relies upon copyright infringement "to attact individuals to the product or service."
Copyright: An Overview
Legal Institute of Cornell University provides an overview on copyright, including definitions, legislation, international materials and other references.
Copyright Basics by the U.S. Copyright Office
Copyright basics by the U.S. Copyright office. This document explains what is a copyright, who can claim a copyright, what works are protected, etc.
Copyright for Computer Authors
By T. Field Jr. "In the U.S., giving notice and promptly registering works provide advantages. Those advantages are explained below, along with basic limits to copyright protection, issues to be considered in transferring copyright interests, and the fundamental distinction between works that are and are not 'for hire'."
Copyright in the New World of Electronic Publishing
A speech by W. S. Strong. "Now what about copyright for this brave new world? I have heard all kinds of eyewash on this topic. I have heard Chicken Littles say that the sky is falling in on copyright owners. I have heard people say in the tones once reserved for statements that God is dead, that copyright is somehow defunct. I have heard people say copyright will have to be drastically overhauled in order to avoid becoming obsolete. With all due respect, I submit that all of these statements are wrong."
Copyright on the Internet
By T. Field Jr.. "This discussion addresses U.S. copyright issues of concern to those who post to or own email lists or host web pages. It also deals with situations where someone might want to forward or archive another's email posting or to copy material from another's web page."
Copyright Website
"This portal provides real world, practical and relevant copyright information for anyone navigating the net. Launched on May Day '95, the Copyright Website strives to lubricate the machinations of information delivery. As spice is to Dune, information is to the Web; the spice must flow."
EFF DMCA Anti-Circumvention Comments
"EFF's expressed opposition to the anti-circumvention regulations of the Digital Millennium Copyright Act which seems to be a backdoor attempt to outlaw encryption research and hence encryption". Also view comments from the official Anti-DMCA organization.
Frequently Asked Questions (and Answers) about Copyright
By Chilling Effects Clearinghouse. "This is a comprehensive list of frequently asked questions regarding copyrights and its subtopics, such as Piracy or Copyright Infringement, Anticircumvention (DMCA), Derivative Works, DMCA Safe Harbor Provisions, Reverse Engineering, and Fan Fiction."
Grading Teachers on Copyright Law -- Videotaping for the Classroom
By Nolo Press. "If you're a teacher, you should know if and when you may legally tape educational TV programs and use them in your classroom."
What is Copyright Protection?
By WhatIsCopyright.org. "This page covers the basic definitions regarding copyrights."
When Copying Is Ok -- The 'Fair Use' Rule?
By Nolo Press. "In some situations, you may make limited use of another's work without asking permission."
When Copyrights Expire
By L. Gasaway, U. of N. Carolina. "Table showing copyright expiration as a function of when a work was created or published and if it was a work for hire."
MGM vs Grokster to be heard by the Supreme Court
"EFF is defending StreamCast Networks, the company behind the Morpheus peer-to-peer (P2P) file-sharing software, in an important case that will be heard before the Supreme Court of the United States on March 29, 2005."
Internet Service Providers are accused by the Senate Judiciary Committee of encouraging illegal peer-to-peer file sharing web sites.
http://www.senate.gov/~judiciary/hearing.cfm?id=920
Direct Connect is a company that offers a community-oriented, open, user-controlled network. The network architecture is built on a peer-to-peer foundation where users run, control, and maintain the network. Detailed and downloadable software is also available at the website.
http://www.neo-modus.com/
Copyright clause: U.S. Constitution, Art. 1, §8, cl.8
http://www.house.gov/Constitution/Constitution.html
Articles about Digital Rights Management architecture
http://www.dlib.org/dlib/june01/iannella/06iannella.html
Senators letter to P2P owners asking them to take 3 steps to educate and protect children from pornography.
http://pub.bna.com/eclr/senltr111203.htm
Rock veterans Peter Gabriel and Brian Eno are launching a provocative new musicians' alliance that would give artists options of selling music on-line. The plan is called the "Magnificent Union of Digitally Downloading Artists" -- or MUDDA
Selected cases of P2P file sharing:
A&M records, Inc. v. Napster, Inc. regarding copyright infringement. http://www.law.cornell.edu/copyright/cases/239_F3d_1004.htm
In re: AIMSTER Copyright Litig. U.S. Ct. of App. (7th. Cir) (2001). http://news.findlaw.com/hdocs/docs/aimster/inreaimster63003opn.pdf
MGM studios, Inc v. Grokster (C.D. Cal. 2003)
http://www.shaneycrawford.com/writing/p2p.pdf
Eldred v. Ashcroft (123 S. Ct. 769) (2003)
http://cyber.law.harvard.edu/openlaw/eldredvashcroft/legal.html
Fonovisa, Inc. v. Cherry Auction, Inc. 76 F. 3d 259, 262 (9th Cir. 1996)
http://www.law.cornell.edu/copyright/cases/76_F3d_259.htm
Sony Corp. of America v. Universal City Studios, 464 U.S. 417 (1984)
http://www.law.cornell.edu/copyright/cases/464_US_417.htm
The Digitial Millennium Copyright Act's subpoena power not applicable to an ISP acting as a conduit for data.
Recording Industry Association of America Inc. v. Verizon Internet Service Inc., D.C. Cir., No. 03-7015, 12/19/03
National Geographic Magazine allowed to print and publish freelancer's photographs without violating copyright laws.
Faulkner v. National Geographic Society, S.D.N.Y., No. 97 Civ. 09361 (LAK), 12/11/03
P2P related useful organizations
Recording Industry Association of America
http://www.riaa.com
ALA Washington Office
www.ala.org/washoff
The Electronic Frontier Foundation
www.chillingeffects.org/fairuse
The Open eBook Forum
www.openebook.org
U.S. Copyright Office
www.loc.gov/copyright
Court rules at file-sharing network must filter copyrighted works to reduce future infringements. See case.
Record companies sue operators of the Usenet network for direct and contributory infringement. See case.
Evidence that a copyrighted song was available on a Web site and that the defendants produced a song with alike words was insufficient to support an inference that defendants had accessed the copyrighted work. See case.
Google’s use of thumbnails is likely an infringement on copyrighted photos
The court case Perfect 10 Inc. vs. Google Inc., (C.D. Cal., No. CV 04-9484, 2/17/06) concerning the copyright infringement of Google’s Image search tool throws up a new debate about copyright regulations and its limits. Where does the ‘Fair use’ clause start and where does it begin to cross copyright regulations and potentially harm business and personal interests. The following two links are the verdict from the US District Court, Central District Court of California for the case Perfect 10 Inc. vs. Google Inc. and a comment posted on the New York Law Journal by Peter J. Pizzi. Both links provide great insight into the case and allow readers to better understand the courts verdict.
Chamberlain Group v.Skylink Tech. Inc., Fed. Cir., No. 04-118, 8/31/04
"Replacement garage door openers do not violate DMCA. DMCA creates a new liability theory obligating the plaintiff copyright owner to prove unauthorized access to a copyrighted work. Consumers have an inherent right to use a copy of embedded software when there is no indication by the copyrigfht owner prohibiting its customers from using replacement garage door openers."
BitLaw: Important Copyright Decisions
A listing of recent case summaries regarding copyright infringements.
DMCA prohibits sales of DeCSS
321 Studios v. Metro Goldwyn Mayer Studios Inc., N.D. Cal., No. C 02-1955 SI, 2/19/04
By filing the lawsuit, plaintiff does not need a copyright registration center to bring an infringement action in federal court. Iconbazaar LLC v. America Online Inc., M.D.N.C., 1:02CV1022, 2/26/04.
Court found that Bertelsmann assumed control of Napster's operations and allowed a claim for secondary liability. UMG Recordings Inc. v. Bertelsmann AG, ND Cal., No C 04-1351 MHP, July 14, 2004
Sec 117 copyright exemption of making a temporary copy of a computer program in order to repair hardware does not also protect anyaone who attempts to bypass a secured program that violates the anti-circumvention sections of DMCA. Storage Tech Corp v. Custom Hardware Engineering & Consulting, INC.
Selected Articles and ReportsNew Copyright Bill Heading to DC
By D. McCullagh, Wired Magazine. "Music and record industry lobbyists hope to embed copy-protection controls in nearly all consumer electronic devices and PCs. The Security Systems Standards and Certification Act (SSSCA)would make it a civil offense to create or sell any kind of computer equipment that "does not include and utilize certified security technologies" approved by the federal government."
Verizon, RIAA in copyright showdown
By D. McCullaugh, news.com. "The Recording Industry Association of America (RIAA) has asked a federal judge in Washington, D.C., to order Verizon to turn over the name of a Kazaa subscriber who allegedly was sharing copies of more than 600 music recordings."
AOL - Procedure for Making Claims of Copyright Infringement
Here is an example of an ISP's "safe harbor" language.
Copyright Clearance Center
"Copyright Clearance Center, Inc., the largest licenser of text reproduction rights in the world, was formed in 1978 to facilitate compliance with U.S. copyright law. CCC provides licensing systems for the reproduction and distribution of copyrighted materials in print and electronic formats throughout the world."
Copyright Resources Online
An annotated list of University and non-University based Internet Resources about Copyright.
Designation by Service Provider of Agent for Notification of Claims of Infringement
"The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. The Copyright Office has published requirements by which a service provider may designate an agent to receive notifications of claimed infringement. The forms and guidelines for this are available here, including Agent to Receive Notification form."
US Copyright Office Home Page
Here you will find all key information regarding Copyright. Please also take a look at the following specific pages:
Other Useful LinksSearch U.S. Copyright Records
"Search copyright information by selecting one of the three databases, which contain records of registrations and ownership documents since 1978."U.S. Copyright Information Circulars and Factsheets
"The circulars and factsheets below provide basic information about registration, fees, compulsory licenses, and other aspects of the copyright process."How to Register a Work
"Follow the links below to learn more about registering different types of works."U.S. Copyright Office Forms
"Copyright Office application forms are available in PDF format."
Business Software Alliance
"The BSA is the voice of the world's software and Internet industry before governments and with consumers in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates computer users on software copyrights and cyber security; advocates public policy that fosters innovation. You may do a search by country."
Chilling Effects Clearinghouse
"A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics. Chilling Effects aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities. Chilling Effects encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity."
Community Research and Development Information Service (CORDIS)
"The Community Research and Development Information Service provides information about Research and Development sponsored and supported by the European Union."
Copyright & Fair Use
A very good starting place built by Stanford University Library on Copyright and Fair Use.
Digital Futures Coalition (DFC)
"The Digital Future Coalition (DFC) is committed to striking an appropriate balance in law and public policy between protecting intellectual property and affording public access to it. The DFC is the result of a unique collaboration of many of the nation's leading non-profit educational, scholarly, library, and consumer groups, together with major commercial trade associations representing leaders in the consumer electronics, telecommunications, computer, and network access industries."
FindLaw Library: Intellectual Property Law: Copyright
Contains summaries, resources, and documents pertaining to copyright and other intellectual property issues.
FindLaw Summaries of Law: Copyright Law
Summary of Copyright Law by Mark Radcliffe of Gray Cary Ware & Freidenrich LLP and Diane Brinson.
FindLaw Summaries of Law: Ownership of Copyrights
These materials cover the Copyright Act's ownership rules by Mark Radcliffe of Gray Cary Ware & Freidenrich LLP and Diane Brinson.
HierosGamos
"HierosGamos is the #1 international legal research center. Contains international law for 230 countries."
World Intellectual Property Organization (WIPO)
"The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting the use and protection of works of the human spirit. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialized agencies of the United Nations system of organizations. It administers 23 international treaties dealing with different aspects of intellectual property protection. The Organization counts 179 nations as member states."
Legal Information Institute: Copyright Law
