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Copyright expert, attorney, and Texas Library Association President-Elect Gretchen McCord Hoffmann, author of Copyright in Cyberspace (2001) addresses the challenges of providing information in an increasingly digital--and litigious--world. From fair use to infringement, this practical handbook features the need-to-know guidelines for professionals in all areas of librarianship including technical services, interlibrary loan, reserves, Web design, instruction, and virtual or distance delivery. Topics covered include hyperlinks and framing; browsing and caching; digital images; interlibrary loan and resource sharing; e-reserves and class-based Web pages; library instruction and distance education; and more. Copyright in Cyberspace 2 features new and expanded chapters on the Digital Millennium Copyright Act; file-sharing; licensing; writing a copyright policy; and more. An invaluable section of the book compiles helpful, up-to-date online and print sources and excerpts pertinent legislation and guidelines, creating a sourcebook librarians can reference as needs arise. Written in an easy-to-understand, question-and-answer format that reveals the essential information and avoids confusing technical jargon and legalese, Copyright in Cyberspace 2 is a unique resource for librarians.
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

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Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig

Published: 2016-08-31

Total Pages: 378


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There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
Decades from now, we will remember 2010 for the BP oil spill and the year 2011 because of a slow recovery from the steepest economic downturn since the Great Depression of the 1930s. Nevertheless, it is reasonably certain that intellectual property (IP) lawyers will still remember some of the remarkable copyright cases included in this roundup of cyberspace-related cases. For the past two decades, copyright law has been accommodating to the digital age. While the World Wide Web did not become part of mainstream American culture until the mid-1990s, the widespread use of the Internet dramatically changed the course of copyright law. The World Wide Web continues to enable copyright infringement on a scale unfathomable in the 1980s and 1990s. In October 2011, the U.S. Copyright Office released its strategic plan that prioritized its activities for the next two years. One Copyright Office priority is the "feasibility and facilitation of the mass digitization of books, outside the context of Google's private effort." Google Book Search already enables users around the world to access millions of books from the world's finest libraries at the click of a mouse. Among the U.S. Copyright Office's call for legislative action is to find new ways to deter "rogue websites" that enable widespread copyright infringement of copyrighted works, "particularly motion pictures, television programs, books, and software." Another legislative priority is to ramp up "criminal penalties for unauthorized online streaming of content." The U.S. Copyright Office also calls for "amending federal law to give librarians and archivists more support in their efforts to deal with digital content." The priority of restraining widespread infringement on the Internet is a top priority for copyright owners around the world. This Article is a roundup of how Internet-related cases decided in the past two years continue to reshape the contours of copyright law.
Including real-world scenarios and best practices, this text presents the important topics of patents, trademarks, and copyrights in relation to intellectual property creators and consumers. Comprehending intellectual property rights is critical in today's world in order to negotiate the challenges associated with all kinds of intellectual properties, from patents to trademarks to copyright. Created for courses but useful for a wide range of readers, Intellectual Property and Information Rights for Librarians teaches intellectual property literacy, allowing teachers and students to easily understand the range of intellectual property issues, including both creator and consumer rights. Author John Schlipp, an intellectual property librarian and professor, guides readers through intellectual property and information rights issues for today's professionals in information-based careers. Real-world issues are emphasized, including fair use, which is covered in reference to the First Amendment. Information rights topics examined include legal and ethical issues such as freedom of information, internet regulations, privacy, cybercrime, and security. This text serves as a comprehensive reference and a collection of best practices that addresses all types of intellectual properties in one book.
This volume unites cyber and mainstream regulatory theory. Using the scientific techniques of chaos and synchronicity it explains how regulatory design functions, and offers a model for the design of effective regulation.
This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la