Fair Use, Libraries and UGC Subjects in Copyright Newsletter

Snapshot 2012-04-30 14-40-47

Snippets from the first 2012 issue of The Copyright & New Media Law Newsletter:

“While some countries such as the U.S. lack any provision in their copyright statutes for orphan works, and other countries such as the U.K. are contemplating how to include such a provision in their statute, Canada has had an Unlocatable Copyright Owners Provision in its Copyright Act since 1988.”

-Editorial by Lesley Ellen Harris

“The result of a review of the law and compilation of variables is simply what the document says—a checklist.  It is an organized list of elements to consider and that reflects how those variables have in fact appeared in court rulings, in the statute itself, and in other influential works (such as congressional reports).  The checklist tool is not mechanical and it is not a mysterious decision-making device.  It is first and foremost a tool intended to guide users through relevant variables and remind users that in a full and robust evaluation of fair use there might be additional points to consider before making a decision.”

-A Fresh Look at the Fair Use Checklist by Kenneth D. Crews

“On 3 December 2011 seven library and archive associations issued a press release stating their delight at the progress made on copyright limitations and exceptions (L & Es) at the twenty-third meeting of the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO). While this press release marked the conclusion of eleven days of SCCR deliberations in Geneva, it arose from years of preparatory work by library and archive associations and activists, and signaled the continuation of a process to gain a consensus on the first treaty on L & Es for libraries and archives.”

-Libraries and Archives at SCCR 23 by Paul Whitney

“The third category of UGC, user-derived content, is by far the most complicated.  It forces us to answer some of the hardest questions a copyright lawyer might face.  Let us first define the concept.  User-derived content is content that was created using parts of one or more pre-existing protected works that are then transformed, adapted, or recast in some way.  Three questions must then be answered.  First, where is the border between copying and derivation?  Second, where is the border between derivation and inspiration?  Third, should certain forms of derivation be authorized as fair even if they infringe copyright?”

-Derivative Works, User-Generated Content, and (Messy) Copyright Rules by Daniel Gervais

Volume 2012, Issue 1, Table of Contents, The Copyright & New Media Law Newsletter.

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