Anne Gilliland, MLS, JD Health Sciences Copyright Management Office [email protected] This...

Anne Gilliland, MLS, JDHealth Sciences Copyright Management Office

[email protected]://go.osu.edu/copyright

This presentation is not legal advice, nor is the CMO legal counsel to the university or any members of the university community

Cases and Controversies: Current issues in intellectual property law for libraries and librarians

A Little Bit About MePhoto by Eric Conrad

Background in technical services & systems

15 years at OhioLINK Went to law school in

mid-life

Hosted by ALCTS The Association for Library Collections and Technical

Services

Why IP Issues Matter to Libraries

Operate within the exceptions of copyright law

Content dissemination and production

Libraries are interested bystanders and sometimes defendants

Hosted by ALCTSThe Association for Library Collections

and Technical Services

A Role for Library Associations Library Copyright Alliance Amicus Briefs Even if Reasonable People

Disagree…

First, A Poll For You…

Some Current Cases and Controversies Bain News Service, http://hdl.loc.gov/loc.pnp/ggbain.12766

Georgia State Litigation UCLA Litigation Golan v. Holder Pre-1972 Sound Recordings Google Book Search Statement on Copyright Reform Costco v. Omega Fair Use Best Practices

Cambridge v. Patton (Georgia State) LitigationPhoto courtesy of totalAldo Aldo Gonzalez http://www.flickr.com/photos/totalaldo/811180047/

Electronic Reserves at Georgia StateDefinitions

Sovereign Immunity Injunction

Three years of pre-trial activity

Georgia State: The Saga ContinuesPhoto courtesy of Michael Jessen http://www.flickr.com/photos/michaeljessen/3412084873/

Trial began May 16 The Copyright Clearance Center’s

role Publishers are asking for:

Extreme brevity Very great oversight Stringent limits on re-use across classes

Worst Case ScenarioImage by voxphoto http://www.flickr.com/photos/vox/4003874628/in/photostream/ Attribution-NonCommercial-NoDerivs 2.0 Generic (CC BY-NC-ND 2.0)

Hosted by ALCTSThe Association for Library Collections

and Technical Services

UCLA Streaming Video Litigation

Hosted by ALCTSThe Association for Library Collections and Technical Services

Golan v. Holder


Implications for Libraries


Questions?

Pre-1972 Sound Recordings

Not covered by Federal copyright law Hard to clear rights for digitization


Google Book Search LitigationPhoto courtesy of manfrys, Antonio Manfredonio, http://www.flickr.com/photos/manfrys/2226178289/

How it Began—in 2004

DefinitionsClass actionOrphan works Injunction

Settlement Rejected in March

Whither Google Book Search Litigation?

Status conference June 1 Parties’ alternatives Calls for Copyright

Reform

Copyright Reform: Is the Time Right?

Legal Scholars ARL’s Statement Some Basic Features:


Costco v. OmegaImage courtesy of C.B. Castro, Christina B. Castro, http://www.flickr.com/photos/cbcastro/294210692/

First Sale Doctrine Lawsuit Proceeds to

the Supreme Court Amicus Brief from

Library Copyright Alliance

Costco v. Omega: Implications for Libraries


Best Practices in Fair Use for Academic & Research LibrariesImage courtesy of Steve Rhodes http://www.flickr.com/photos/ari/173696571/

ARL & American University

The Best Practices Model A Multi-Year Process

April 2010-March 2013 Resource: ARL’s Page on

the project: http://www.arl.org/pp/ppcopyright/codefairuse/index.shtml

What Happens Next at the Copyright Office?Image from http://www.copyright.gov/about.html

Register of Copyrights Has Retired

Questions?

Anne Gilliland, MLS, JD Health Sciences Copyright Management Office [email protected] This...

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