Copyright Questions

Showing 34 of 36 pages

"Using Electronic Reserves" report from CCC

Posted by: elizabethH
April 8, 2005 @ 2:53pm
Has anyone received a copy of this document from the CCC, and, if so, do you have any comments?
Replies: 12

"Fair use" in non-profit newspaper

Posted by: COvalle
April 8, 2005 @ 11:12am
You should find out if your college has general counsel available for you as a student or student publication. They'd definitely be a help, as they can give you legal advice and they are presumably licensed to work in your area. ^_^

So,... Read more...
Replies: 5

Question from a Comic Book Creator...

Posted by: COvalle
April 8, 2005 @ 11:05am
Nonlawyerly thoughts. ^_^

In the US, once something is created in fixed form, it's copyrighted without you needing to do anything.

If you're referring to registering copyright, you can't register your characters per... Read more...
Replies: 2

Few questions about sound recordings

Posted by: COvalle
April 7, 2005 @ 1:15pm
I'm not a lawyer. Here are some thoughts.

As always, some things depend on the exact circumstances of the situation. There are, of course, copyright exemptions, such as fair use.

Generally, though, performance and... Read more...
Replies: 1

"Cumulative Effect" test for classroom copying

Posted by: BAustin
March 25, 2005 @ 4:35pm
The "nine instances" quote comes from the infamous Classroom Guidelines, which are embedded in the Congressional Record but are not a part of the law. These guidelines have generally been seen as too restrictive for Higher Ed, and indeed were never... Read more...
Replies: 2

unauthorized publication of old diaries and copyright?

Posted by: Ramose
March 19, 2005 @ 11:32am
My first post, so I'll start out with a hard question. :-)

Previously unpublished works, created before 1978 and published between 1978 and 2002, supposedly acquired copyrighted status until at least 2047 under US law.

... Read more...
Replies: 0

ILL of book to put on academic reserve

Posted by: COvalle
March 18, 2005 @ 8:24am
I don't think you can say it is a violation of copyright with 100% certainty (mainly because IMHO that's difficult to do unless you're a judge preciding in a copyright trial). But the situation seems to suggest that you need to purchase them, in my... Read more...
Replies: 3

use of other libraries' videos for classroom showings

Posted by: COvalle
March 18, 2005 @ 8:04am
Are you talking about physical videos being sent from place to place? If so, there shouldn't be a problem. If you have the video, then the originating library does not have the video. First sale.

If you're talking about ordering... Read more...
Replies: 2

Course Reserves and ADA

Posted by: Carrie
March 7, 2005 @ 1:45pm
I think you might be mixing this up with the idea that you cannot transfer an entire video collection to DVD.

What kind of format does the DSS want? Does Section 121 (exemptions for blind and handicapped) apply? Will DSS make the... Read more...
Replies: 4

Music and School Networks/Computers

Posted by: Carrie
March 7, 2005 @ 1:29pm
For what it's worth, I tend to agree with cjovalle.
Replies: 2

Fair Use of Videos

Posted by: Carrie
March 7, 2005 @ 1:26pm
I think we need a little more information about the video and why you want to show it. If the screening is for "fun," the fair use argument is harder to make. (I couldn't make it). It's true that ALA conference are not "pure" non-profit, educational -... Read more...
Replies: 4

Video Streaming and Peformanced Rights

Posted by: Carrie
March 7, 2005 @ 1:17pm
Performance rights are not required if the screenings are classroom related. In the analog world, this is very clear under Section 110(a). What is harder is Section 110(b) dealing with the "digital classroom" or digital transmission. If your institution... Read more...
Replies: 1

story programs on local cable access

Posted by: COvalle
March 3, 2005 @ 9:33am
Broadcasting might pose a copyright problem, public access or not. You can argue fair use, but at that point it would appear that you're no longer just acting as a library and so the normal library exemptions might not apply to that use. You might want to... Read more...
Replies: 3

library wall art

Posted by: ross
February 10, 2005 @ 3:24pm
I would be careful with this... I can't find the link now, but there definitely have been places (a nursery school in particular) sued over this exact thing. I don't remember the details, but I would suggest that this might be very risky behavior.
Replies: 5

Copying VHS to DVD

Posted by: COvalle
January 28, 2005 @ 3:18pm
Currently there isn't a lot of distinction between in-print and out-of-print copies except in determining how the copying might affect the market of the work (one of the fair use factors) .

There is no library exemption for libraries... Read more...
Replies: 3

Library Copying

Posted by: thom
January 6, 2005 @ 4:41pm
Having read though Section 108 of the copyright law and read a few
books that cover this section, it is not clear me if 108 allows the making of a copy of an entire copyrighted book to add to the collection if it is not
in print or... Read more...
Replies: 0

Google Print and Books Under Copyright

Posted by: rhousewright
December 15, 2004 @ 1:55am
kcoyle posted this earlier today, restoring from backups after hacker nastiness.

[quote]
The big buzz today is Google Print and its deal with some major libraries to digitize their entire collections. Although access to the... Read more...
Replies: 0

Wireless AP Liability?

Posted by: COvalle
November 29, 2004 @ 9:43am
As far as I know there haven't been cases against libraries for copyright infringement, and definitely not for this particular problem.

IANAL, but if the library is a public nonprofit instation, I would think 108 (f) provides some... Read more...
Replies: 1

Churches and fair use

Posted by: rhousewright
November 22, 2004 @ 12:00pm
This was originally posted by cjovalle, and was lost when we were hacked (again).

[quote]
Fair use is available to anyone. You'd need to do an analysis of the factors to determine if the use is fair. It depends on the specifics... Read more...
Replies: 1

Does web posting constitute "publication"

Posted by: TrishaDavis
November 17, 2004 @ 10:24am
It seems to me that you have indeed created a copyrightable version of the original work. As such, you retain the rights. However, that does not negate the public domain character of the original work.
Replies: 3

dissertations

Posted by: JPilch
November 1, 2004 @ 5:06pm
It is my understanding that the copryight in dissertations submitted to Proquest/UMI is retained by the author/s. It would not be permissible to reproduce the dissertations in this manner without permission of the copyright holder/s, so you would need to... Read more...
Replies: 1

Making copies of out of print materials

Posted by: COvalle
October 22, 2004 @ 6:12am
If it falls under fair use, then it's not copyright infringement. The "for school use" seems to indicate that it might fall under fair use or other educational exemptions, but you'll need to check on that. Being out of print might also lean more towards... Read more...
Replies: 1

Video performance rights

Posted by: COvalle
October 15, 2004 @ 6:23am
I would guess that you needed to look at the permission that was given to the instructor.
Replies: 1

16mm films and weeding

Posted by: COvalle
October 15, 2004 @ 6:19am
Again, IANAL.

Sounds like a first sale question.
USC 17 subsection 109.
"Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person... Read more...
Replies: 1

videos for "home use" in schools

Posted by: COvalle
October 15, 2004 @ 6:16am
IANAL.
Fair use by statutory definition is not copyright infringement. If you fall under fair use, you are not violating copyright.

There are also specific exemptions related to the use of copyrighted materials in face to face... Read more...
Replies: 1
Showing 34 of 36 pages