Publishing and distributing content in today’s environment means working within a variety of models. An article or a series of articles published in a newsletter or website may become a mini e-book, the basis for a webinar or online course, or part of an online subscription-based database. These various models of monetizing content presume one thing—that ownership of the original content is clearly established when that original or first version of the content is written.

- Editorial by Lesley Ellen Harris

Orphan Works:

Because museums operate as stewards of collections with a mission and responsibility—on the one hand to educate and communicate with their public and, on the other hand, to care for their collections—museums hold a unique perspective on rights issues. One of the most significant legal issues facing the contemporary museum is the orphaned works issue.  The issue of orphaned works, that is, works determined to likely still be in copyright where the copyright owner cannot be identified or found, is not new.  Historically museums have been involved in determining provenance or attribution of works of art.

- Orphan Works from the Museum Perspective by Rina Elster Pantalony

French Copyright Law:

The French Intellectual Property Code not only expressly provides for the possibility to transfer moral rights on the death of the author (moral rights can be transferred only because of death), but also provides for the perpetuity of moral rights. The combination of this perpetual nature with the possibility of transferring a moral right only in case of death, offers a crucial tool to maintain control over the use of a work beyond the duration of patrimonial rights. As an example, the French courts (Paris Court of First Instance, September 12 2001) found that the moral rights over the works of famous author Victor Hugo had been transferred to his heirs up until today even thought the famous writer died in 1885.

- Copyright in France: The French System of “Droit D’Auteur” by by Jean-François Bretonnière and Thomas Defaux

Where to Sue for Copyright Infringement:

Personal jurisdiction is the court’s power over the parties in a case and is generally limited to a geographical area, such as a state.  More broadly, jurisdiction is the right or authority of a court to hear and decide a case.  Not every court has the right or authority to decide a particular legal dispute.  For example, a small claims court does not have the authority to decide a copyright case.  Only federal courts have that authority.  Personal jurisdiction is therefore the right or authority of the court to make a ruling that is enforceable against a specific party.  There are two kinds of personal jurisdiction: specific jurisdiction and general jurisdiction.

- Where to Sue in Copyright Infringement Cases by Tonya Gisselberg

Copyright Reform: Amending Copyright Acts and Treaties

To amend or to overhaul – that is the question when it comes to reforming copyright legislation.  Whether an international instrument such as a treaty, or a domestic copyright statute, copyright legislation is continuously being amended to deal with new technology, new rights and the ways we use content. From the examples below you can see for yourself when laws are amended and when they are replaced by new instruments.

WIPO Treaties

The leading international copyright treaty, the Berne Convention for the Protection of Literary and Artistic Works was concluded in 1886. This was the first international copyright treaty. Its purpose was to provide creators with the right to control and receive payment for the use of works such as novels, poems, plays, songs, drawings, paintings and sculptures.  Rather than being overhauled and replaced to address newer uses of copyright-protected works and to recognize new rights, the Berne Convention has been revised a number of times.  1908 marks the first major revision to the Berne Convention, with revisions in 1928, 1948, 1967 and most recently in 1971.  These revisions reflect newer technologies such as sound recordings, photography, radio, cinematography and television.

The WIPO Copyright Treaty (WCT) is a relatively new copyright treaty. Although concluded in 1996, the WCT came into force in 2002.  The WCT updates and supplements the Berne Convention and addresses changes in the digital world including the distribution of digital works over the internet that are not adequately addressed by the Berne Convention.  The WCT updates the Berne Convention without amending Berne or replacing Berne.  Any state that adheres to the WCT must comply with the substantive provisions of the 1971 (Paris) Act of the Berne Convention, even if it is not bound by the Berne Convention.

United Kingdom

The first copyright statute in the world was the British Statute of Anne, 1710.  Prior to the Statute of Anne, disputes arising from rights to the publishing of books were enforced by common law.  The U.K. Copyright Act 1911 was the first time provisions on copyright were brought together into one Act in the U.K.  This Act was replaced by the Copyright Act 1956, which has since been replaced by U.K.’s current copyright statute, the Copyright Designs and Patent Act 1988.

Canada

The first and current Canadian Copyright Act was written in 1921 (based on the U.K. Copyright Act 1911) and came into force in 1924.  The first major modernization amendments were in 1988 which included enhanced moral rights, an exhibition right for artistic works, and provisions to allow for the collective management of copyright beyond performing rights.  The next major reform was in 1997 which introduced neighboring rights protection for performers and producers of sound recordings, statutory damages, a private copying regime, and for the first time, limited exceptions for libraries, archives and museums as well as educational institutions.  Major amendments to the Canadian Copyright Act via the Copyright Modernization Act became effective in November 2012. Much of these amendments relate to newer technology and the way we now use content.

United States

The first copyright law enacted under the U.S. Constitution with the provision “to secure to literary authors their copyrights for a limited time” was in 1790.  The duration of copyright protection was 14 years with the privilege of renewal for an additional 14 years.  The first general revision (i.e., overhaul) of the copyright law was in 1831 when the first term of copyright was extended to 28 years with the privilege of renewal for the term of 14 years.  The second general revision of the copyright law was in 1870.  The third general revision of the copyright law was in 1909 when the renewal term was extended from 14 to 28 years, with the possibility of renewal for an additional 28 years.  The fourth general revision of the copyright law was in 1976-the duration of copyright became 50 years after an author’s death without any renewal of copyright.  In 1998 the Sonny Bono Copyright Term Extension Act extended the duration of copyright to life of the author plus 70 years after his death. In April 2013, Bob Goodlatte announced that the Judiciary Committee will conduct a comprehensive review of the U.S. law over the upcoming months. Bob Goodlatte is Chairman of the Committee on the Judiciary in the U.S. House of Representatives.

Wondering what you can do on World IP Day? Through the links below you will find 20 innovative ideas!

1. Seize the Teachable Copyright Moment
2. Saying Yes to Copyright Permissions
3. Copyright Education that Invites Participation and Cooperation
4. 5 Copyright Ideas to Implement Today

1. Copyright for Publishers in Washington, DC

Wednesday 5 June 2013, 2:10 – 3:10 pm, Bonus Session at SIPA (Specialized Information Publishers Association) – open to conference attendees only. See blog post: Three important copyright issues for publishers.

2. Teaching Others About Copyright and Licensing in San Diego, CA

Friday 7 June 2013, 8 am – 4 pm, offered by SLA (Special Libraries Association) – open to all

3. Copyright Compliance and Management in San Diego, CA

Saturday 8 June 2013, 8 am – 4 pm, offered by SLA (Special Libraries Association) – open to all

Prefer online training? Click here.

The Teachable Copyright Training Moment

1.   Survey colleagues to find out how they use copyright protected materials or what types of information or questions they have about copyright. Perhaps even put a poll or survey on your intranet. Share the results so that communication about copyright is on-going.

2.   Develop a contest for staff or the public to research, and provide answers to, a variety of copyright questions. Provide prizes for the most correct answers.

3.   Arrange for the showing of the 2013 Best Documentary Academy Award winning film Looking for Sugar Man. Discuss the copyright and royalty issues relating to musicians that are raised in the film.

WIPO World Intellectual Property Day

4.   Be part of a worldwide celebration of intellectual property. Plan and organize a celebration of copyright on 26 April 2013 for World Intellectual Property Day. Provide attendees with copyright bookmarks, posters or other takeaways so they have ongoing reminders about copyright law.

5.   If your company has a social committee, offer to assist with musical licensing arrangements for the next event.

Are you responsible for spreading the word about copyright in your library or organization? Do people come to you looking for answers about copyright law and licensing issues? Do people see you as a barrier to using content or as a gateway to obtaining access to that content? Change the copyright perception in your organization from no to know! Below are some ideas to try.

1.   Actively engage your colleagues in a copyright conversation. Find out their ultimate goal in using copyright-protected content . This can lead to a variety of options not previously thought of – such as linking to a website rather than copying an image, or summarizing an article rather than reproducing it.

2.   Offer to help a colleague who seems overwhelmed about how copyright law applies to their situation. For example, how is fair use interpreted? Explain the factors set out in the Copyright Act. Sometimes understanding how the law works or the policy behind it, makes it clearer and less frustrating to a person. Let them know that fair use is frustrating to many people and that they are not alone.

3.   Develop a copyright website that includes information on how to legally use copyright-protected materials, FAQs on fair use/dealing, how digital licenses work, and a click-through link to contact your in-house copyright guru (you?!) with a form to ask their specific questions about copyright law.

Make Copyright Law Personal!

4.   Don’t be faceless – make it personal! Get out there and meet with people. Putting a face to the copyright concept is a great way to inform people about it. The more they see that you are trying to help them, the faster the change of perception can occur. If you have a blog or Facebook page on copyright, put your photo on the blog and Facebook page. If you are tweeting copyright tips, post your photo on your Twitter homepage.

5.   Share positive news about copyright. Have some new materials entered the public domain? Has there been a recent court case that allows you greater use of content? Is there is an exciting new website or really great article or post on copyright that you can share?

5 Copyright Education Ideas

1.   Develop a scavenger hunt on copyright. Have it incorporate several scenarios that are likely to occur in your organization. Ask staff to identify as many copyright issues as they can. Provide a number of sources of information staff can use to answer the questions (e.g., your country’s copyright office, WIPO, organizational policies).

2.   Ask people in your organization to write and produce short (3 minute) vignettes on the use of copyright-protected materials. Getting others involved in copyright education will make them more interested in it. Make it fun; have them record the videos on their smart phones.

3.   Ask your colleagues to create a brief copyright information statement to include in organizational print and electronic newsletters. Make it a contest to see who can create the best or perhaps shortest copyright statement.

4.   Develop a copyright handbook. Engage your colleagues and ask for their ideas about what information to include in it. Better yet, ask them to help write the handbook as a collaborative effort. Distribute the handbook electronically so it can easily be updated to coincide with changes in the law and new technologies.

5.   Hold an informal brown-bag Lunch & Learn session so your colleagues can bring their copyright questions and eat lunch at the same time. If possible, provide a free lunch as a way to entice your audience to attend the session.

World Intellectual Property (IP) Day is on 26 April 2013.

To recognize World IP Day, the U.S. Copyright Office is hosting a Copyright Matters program. This free public program will be held on 24 April from 1 – 3 pm in the Coolidge Auditorium on Capitol Hill in Washington, D.C.

U.S. Copyright Office Celebrates World IP Day

Click to see the U.S. Copyright Office program for 24 April. The program features:

• performances from members of the Nashville Songwriters Association International, including NSAI President Lee Thomas Miller (e.g., You’re Gonna Miss This, recorded by Trace Adkins)
• Jessi Alexander (e.g., The Climb, recorded by Miley Cyrus)
• Brett James (Jesus Take the Wheel, recorded by Carrie Underwood).

Speakers are:

• Register of Copyrights Maria A. Pallante
• James Pooley, Deputy Director General of the Innovation and Technology Sector of the World Intellectual Property Organization
• Teresa Rea, Acting Under Secretary of Commerce for Intellectual Property.

The purpose of IP Day is to promote and increase the understanding of intellectual property.

What are you doing to celebrate World IP Day?

Are you storing content in the cloud? What, if any, copyright issues should you be concerned about?

Cloud computing is still in its initial stage but two things are certain. One, the concept of “cloud” is everywhere from storage to application use to shared workspaces. Two, many of us are using cloud computing at home and in the workplace.

What exactly is cloud computing?

The definition and characteristics of cloud computing can be broad or narrow. Cloud computing is a way to have on-demand network access to a shared pool of resources including applications, content, servers, and storage. The cloud can be private, public, open to a specific community, or a hybrid cloud. The legal issues and specifically copyright issues are varied depending on how the cloud is used, who is accessing it, who controls it, and what copyright materials are stored in the cloud. This post raises issues when storing content in the cloud.

Copyright Issues to Consider When Storing Content in the Cloud

• Do you own the content you are storing in the cloud?

Ownership of physical content or the right to digitize content or create metadata for content does not automatically confer copyright ownership. If you own the copyright in content, then you may reproduce it in the cloud (storage = reproduction of the content in the cloud.)

• Are you storing content that is licensed to you?

Does the license permit you to store the licensed content in the cloud? Several issues arise (and have been addressed in U.S. court cases) in relation to end users accessing content in a cloud and/or when a cloud is seen as a delivery mechanism rather than as a mere storage mechanism.

• Are you storing public domain (PD) content in the cloud?

Do you have a consistent definition of PD? Are you certain that the content you are storing is in fact in the PD?

Copyright Procedures + Cloud Storage

• Develop and implement mechanisms to ensure that you have the rights to store current and future content in the cloud. As with any copyright matter, when you are seeking rights from a copyright owner, clarify that the entity granting rights in fact has the authority to confer those rights to you.
• Implement safeguards to ensure that access to content in the cloud is restricted and only authorized users are able to access and use it.
• For third party content, consistently follow a checklist to ensure that the content is in the public domain.  This will help ensure that the you and all in your organization interpret public domain in the same manner.

Monitor, review and update the ways you use cloud storage and your mechanisms to lower possible copyright infringements.

The Hub will be built and led by U.K. music, publishing, audio-visual and images industries. It will act as a portal with intelligent connections to a wide range of websites, digital copyright exchanges and databases in the U.K. and globally. Its goal is to streamline copyright licensing by providing a marketplace for various rights without geographical limitations. Amongst its proposed features are ease of use and low transaction costs.

The initial twelve organisations providing services are: the BBC, the British Association of Picture Libraries and Agencies (BAPLA), Copyright Clearance Centre (CCC), Copyright Licensing Agency (CLA), Federation of Commercial Audio-visual Libraries (FOCAL), Getty Images, the Newspaper Licensing Agency (NLA), Pearson, the Picture Licensing Universal System (PLUS), PPL and PRS for Music.

Copyright Education

The focus of the Hub is on copyright education. Why? “…people want to do the right thing. Unfortunately in the digital age it has become more and more difficult to understand what is legal and what is not. The purpose of including copyright education is to help make this distinction clearer. It will also help in promoting the importance of copyright and of being paid when a work is used.”

Press release