LIBR 281-02
LIBR 281-10
Seminar in Contemporary Issues
Topic: Digital Copyright
Fall 2006 Schedule
Mary Minow
E-mail
Phone: 408-366-0123
Fax: 408-366-0123
Office Hours: Anytime - online
| Course Links Greensheet Schedule |
Resources Blackboard Blackboard Tutorials |
Week 1 | Week 2 | Week 3 | Week 4 | Week 5 | Week 6 | Week 7 | Week 8 | Week 9 | Week 10 | Week 11 | Week 12 | Week 13 | Week 14 | Week 15
Please note that the course calendar is "subject to change with fair notice"
Classes begin August 23, 2006
Classes end December 7, 2006
No classes on Sept. 4, Nov. 10, or Nov. 23-24
WEEK 1
Aug 23-29 Patents and Trademarks and Copyrights, Oh My!
This week we look at the BIG PICTURE. Copyright is only one mechanism to control intellectual property. Students will be able to identify whether works can be protected by patents, trademarks, copyright or trade secret... and why it matters which type of protection is in place. A special look at penalties for copyright infringement will be highlighted.
You might start thinking about your final paper topics as well as the assignment to compare two library copyright policies. The elements in the weeks to follow are all items to keep in mind when evaluating these policies.
Assignment: Patent, Copyright, Trademark and Trade Secret Questions 5 points
Reading
- Nolo.com Patents, Copyright & Art pages - http://tinyurl.com/5rhsq
Read about Patents, Copyright, Trademarks and Trade Secrets - Crews. Chapter 13. Responsibilities, Liabilities, and Doing the Right Thing
17 U.S.C. §504(c) PENALTIES FOR COPYRIGHT INFRINGEMENT (in Crews, p. 122) - Optional
- Samuels. Chapter 1
WEEK 2
Aug 30 - Sept. 5 Is My Work Copyrighted? What Can Be Copyrighted and What Does Copyright Protect?
Many people both overestimate and underestimate the scope of copyright. Many think that copyright can protect their ideas... many think they need to file with the Copyright office to get protection. Both of these are misconceptions. This week we'll clear up exactly what can be copyrighted and the scope of that protection.
Assignment: Register a copyright with the Copyright Office for a work you created (any format - Web site, article, etc.) Go to http://www.copyright.gov/register/ , select and fill out the appropriate form. Optional: Pay $45 and follow through with the application. Discuss your application process with the discussion list. 5 points
Reading
- Crews. Chapter 1. The Scope of Protectable Works
- Crews. Chapter 2. Works without Copyright Protection
- Crews. Chapter 16. Copyright and Unpublished Materials
- 17 U.S.C. § 102, 103, 104, 105 … also scan § 101 (Definitions)
- Copyright Information Circular 31 "Ideas, Methods or Systems"
- Copyright Information Circular 34 "Names, Titles, Short Phrases not Copyrightable"
- Copyright Fact Sheet 122 "Recipes"
- Optional
- Samuels. Chapters 6 and 7
WEEK 3
Sept. 6 – 12 Who Owns the Copyright? For HOOOOOW LONG??
Also known as the "Mickey Mouse" Act, the passage of the Copyright Term Extension Act in 1998 added twenty years to the term of copyright. How long are copyrights valid today? What does this mean for the public domain? What are "orphan works"? Who owns a wiki? A Virtual Reference Knowledgebase?
Assignment: Choose an item written or published between 1923 and 1963. Is it still in copyright? How did you come to that conclusion? 5 points
Reading
- Crews. Chapter 3. Duration and Formalities: How Long Do Copyrights Last?
- Crews. Chapter 4. Who Owns the Copyright?
- Peter Hirtle, Copyright Term and the Public Domain in the United States (1 January 2006) (chart) http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
- Optional
- Mary Minow, Library Digitization Projects and Copyright, LLRX.com (June 28, 2002), http://www.llrx.com/features/digitization.htm
- Samuels. Chapter 9
- U.S. Copyright Office Circular 22 - How to investigate the copyright status of a work http://www.copyright.gov/circs/circ22.html Surprisingly unhelpful.
- U.S. Copyright Office. Report on Orphan Works, January 31, 2006 pp. 1 - 15 (Executive Summary) http://www.copyright.gov/orphan/
WEEK 4
Sept. 13 – 19 Using LEXIS to Find Copyright Owners’ and Users’ Rights
LEXIS has the copyright code, court cases, and secondary legal sources. Learn how to search for copyright case law. Is the case still good law? How can we interpret the limits of copyright owners’ rights? What are users’ rights?
Assignment: Answer questions using LEXIS to find specific sections of the U.S. Copyright Code and copyright court cases. 5 points
Reading
- Crews. Chapter 5. The Rights of Copyright Owners
- Crews. Chapter 6. Exceptions to the Rights of Owners
- 17 U.S.C. § 106, § 109 … also scan § 107-122 (just to see what’s covered there)
- LEXIS Guides (supplied in class)
WEEK 5
Sept. 20 - 26 THE HOT STUFF: SECTION 108, THE LIBRARY EXCEPTION (LEARN THIS IF NOTHING ELSE)
Section 108 is the basis of much of what we do in the library world - it sets forth the gospel on how and when we can make copies for digital preservation, replacement, interlibrary loan, as well as absolving us from patron copying, provided we comply with the terms of 108. This section should be at the bedside of every librarian.
Assignment: Read Section 108 and answer questions. 5 points
Reading
- Crews. Chapter 12. Libraries and the Special Provisions of Section 108
- Mary Minow, Library Digitization Projects: U.S. Works that have Expired into the Public Domain (Rev. April 15, 2004) chart http://www.unc.edu/~unclng/public-d.htm - note library column in the chart
- 17 U.S.C. § 108
WEEK 6
Sept 27 – Oct 3 IT GETS EVEN HOTTER: SECTION 108
Section 108 is undergoing review as we speak. A study group has been appointed by the Library of Congress (which oversees the Copyright Office) to study library copyright issues. At the time this syllabus was written, it was still taking public comments. Perhaps you can have some influence on its future.
Assignment: Read Section 108 Study Group paper of your choice. Either summarize it in 1-2 pages or compose comments for the study group. Optional: Send in the comments at http://www.loc.gov/section108/contact.html 5 points
Reading
- Library of Congress Section 108 Study Group. Read the home page http://www.loc.gov/section108/ Then click on "background papers"
WEEK 7
Oct 4 - 10 FAIR USE – OKAY, LEARN THIS TOO, IF NOTHING ELSE
Google book search, other massive digitization projects, your own personal copying - all depend on generous interpretations of fair use. What is fair use, and how is it determined?
Assignment: Use the discussion board to describe a library copyright scenario that might qualify for Fair Use. Use a real one from your experience or make one up. Use the four nonexclusive factors in the checklist to analyze. Then argue before a jury of your peers that the use is fair (or is not). A sample will be given. 5 points
Reading
- Jury Instructions. Fair Use defense http://tinyurl.com/ldy7v
- Crews. Chapter 7. Fair Use: Getting Started
- Crews. Chapter 8. Fair Use: Understanding the Four Factors
- Crews. Chapter 9. Getting Comfortable with Fair Use: Applying the Four Factors
- Mary Minow, "How I Learned to Love FAIR USE... “ at http://fairuse.stanford.edu/ commentary_and_analysis/2003_07_minow.html
- Crews. Appendix B. Checklist for Fair Use
- Optionals
- Samuels. Chapter 8
WEEK 8
Oct 11 - 17 MORE FAIR USE
Now it’s time to turn into a juror and vote on your classmate’s fair use arguments. Use the discussion board to vote as a juror on classmates’ fair use arguments. Explain why you voted the way you did.
Assignment: Turn in outline or one page summary of your intended December 5 paper. 5 points
Reading and Viewing
- American Library Assocation. Fair Use and Electronic Reserves http://www.ala.org/ala/washoff/WOissues/copyrightb/fairuseandelectronicreserves/ereservesFU.htm
- Association of American Publishers. Frequently Asked Questions about E-Reserves http://www.publishers.org/press/releases.cfm?PressReleaseArticleID=204
- Optional
- U.S. Copyright Office. Circular 21 Reproduction of Copyrighted Works by Educators and Librarians at http://www.copyright.gov/circs/circ21.pdf
- Larry Lessig 30 minute video on google books at http://www.lessig.org/blog/archives/003292.shtml
- Digitization Projects - Google, Internet Archive, Amazon Search Inside the Book, Harper Collins
WEEK 9
Oct 18 – 24 TEACH Act and Education
Assignment: Teach Act and educational use questions 5 points
Reading and Viewing
- Crews. Chapter 10. The Meaning of Fair-Use Guidelines
- Crews. Chapter 11. Distance Education and the TEACH Act (see also his ALA Q &A at http://www.ala.org/ala/washoff/WOissues/copyrightb/distanceed/teachfaq.htm)
- Baruch College, Interactive Guide to Using Copyrighted Media in Your Courses – Copyright Metro http://www.baruch.cuny.edu/tutorials/copyright/
WEEK 10
Oct 25 – 31 Layers upon layers – Audiovisual, DVDs, Collective Rights Organizations and Permissions
Assignment:
Choice one: Use the model permission letter to request permission from a copyright holder to use his or her material (e-mail permission requests are acceptable). If the letter doesn't apply to your specific needs, revise it to meet your needs (instructor available for help). Post the response you get to the discussion board.
Choice two: Use the Copyright Clearance Center (CCC) to check pricing and availability of specific item(s).
(Pick one for 5 points)
Reading
- Crews. Chapter 14. Music and Copyright
- Crews. Chapter 17. Permission from Copyright Owners
- Crews. Appendix D. Model Letter for Permission Requests
- Music Library Association. Copyright for Music Librarians http://www.lib.jmu.edu/org/mla/
- Copyright Clearance Center – Academic Use http://www.copyright.com/ccc/do/viewPage?pageCode=ac1-n
Browse site – you’ll use it if you choose the CCC assignment - Optionals
- Samuels. Chapter 2-5
WEEK 11
Nov 1 -7 License Terms Generally Trump Copyright Law … Creative Commons Alternative
Assignment: Put a creative commons license on something you've created that is online. Make sure it has the creative commons "code" so that it will show up in user searches. For example, Firefox browsers have a creative commons plug-in that makes it easy and fun to search only for cc licensed content. Go to http://creativecommons.org/license/ to create the license. Tell us what you’ve done on the discussion board. 5 points
Reading
- California Digital Library. Checklist of Points to be Addressed in a CDL License Agreement at http://www.cdlib.org/vendors/checklist.html
- Liblicense - http://www.library.yale.edu/~llicense/index.shtml
Read Introduction, then get a sense of what is on the site - First Monday guidelines on copyright for authors
- http://www.firstmonday.org/guidelines.html#copy
- Creative commons - Read the "PUBLISH" section http://creativecommons.org/
WEEK 12
Nov 8 - 14 Copyright Policies
Assignment: Choose copyright policies from a library – either of your own choosing or from this list http://fairuse.stanford.edu/library_resources/index.html . Use the Hoffmann reading as a guide. What is left out? What is unclear? What should be updated? 10 points
Reading
- Gretchen McCord Hoffmann, Writing a Copyright Policy, from Copyright in Cyberspace 2 (Neal-Schuman, 2005)
WEEK 13
Nov 15 - 21 Digital Rights Management - It Could Make Copyright Quaint and Obsolete
NO ASSIGNMENT
Reading
- Crews. Chapter 15. The Digital Millennium Copyright Act
- U.S. Copyright Office. Rulemaking on Anticircumvention http://www.copyright.gov/1201/index.html … get a sense of what is on site
- American Library Association. Digital Rights Management and Libraries (web page) http://www.ala.org/ala/washoff/WOissues/copyrightb/digitalrights/digitalrightsmanagement.htm Take a look at one page Digital Rights Issues and at least open up Michael Godwin’s 44 page “brief,” Digital Rights Management: A Guide for Librarians
- Public Knowledge. Broadcast Flag Court Challenge http://www.publicknowledge.org/issues/bfcase
WEEK 14
Nov 22 - 28 International Issues
NO ASSIGNMENT
Reading
- U.S. Copyright Office. FL100. International Copyright at http://www.copyright.gov/fls/fl100.html
- U.S. Copyright Office. Circular 38a at http://www.copyright.gov/circs/circ38a.html
- Peter Hirtle, Copyright Term and the Public Domain in the United States (1 January 2006) (chart) http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm See section “Outside the United States”
- Optionals
- Samuels. Chapter 10
WEEK 15
Nov 29 – Dec 5 Keeping up with Legislation
Where do you find trustworthy information on what's going on?
- United States Copyright Office. Recent Amendments to Copyright Law http://www.copyright.gov/title17
- United States House of Representatives. Subcommittee on Courts, the Internet, and Intellectual Property http://judiciary.house.gov/committeestructure.aspx?committee=3
- United States Senate. Intellectual Property Subcommittee http://judiciary.senate.gov/subcommittees/intellectual109.cfm
- American Library Association. Copyright Agenda at a Glance
http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm - ALA Copyright Advisory Network http://www.librarycopyright.net/
- LibraryLaw Blog – copyright tag at http://blog.librarylaw.com/librarylaw/copyright/index.html (browse a few of the most recent entries)
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