Includes Keyword: copyright infringement
Fine-tuning European copyright law to strike a balance between the rights of owners and users
This journal article argues that the EU Information Society Directive of 2001 does not achieve harmonisation of copyright law across the EU, using an analysis of the treatment of technological protection measures to demonstrate that the directive has been implemented differently in each member state.
Everything Is Transformative: Fair Use and Reader Response
This journal article argues that, if most creative works are transformative, then more consideration must be given to the nature of transformativeness in any fair use analysis. The author suggests that a reader's reaction is a better measure of the degree of transformativeness present in a work than the author's intent.
Due Diligence, Futile Effort: Copyright and the Digitization of the Thomas E. Watson Papers
This journal article reports the outcome of the rights clearance process for the digitisation of the Thomas E Watson papers, offering advice for other cultural heritage institutions considering publication using a fair use defense.
Copyright and Creativity
This journal article considers the creativity requirement in the unanimous US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. The author argues that the requirement for creativity in addition to originality to qualify for protection will eventually lead to both under- and over-protection of works, either through market failure or through the expansion of the scope of protection.
Tools & Resources
Copyright and Cultural Institutions: Short Guidelines for Digitsation
These short guidelines are meant to supplement the authors' 2005 long-form guidelines relating to copyright law and rights management, and to provide a general introduction to copyright-related issues in the digitisation of cultural heritage.
Copyright and Cultural Institutions: Guidelines for Digitisation
This set of guidelines from 2005 is based on a research project examining the impact of copyright law on the digitsation practices of public museums, galleries, and libraries in Australia. It aims to provide heritage institutions with assistance in both legal and practical aspects of copyright compliance.
Tools & Resources
National Portrait Gallery responds to Wikipedia copyright case
This online article details the National Portrait Gallery's public statement in response to criticism of its decision to send a cease and desist letter to a Wikipedia editor who uploaded to Wikipedia in March 2009, over 3000 high-resolution images made available online by the Gallery.
How Copyright Keeps Works Disappeared
Using empirical evidence gathered from Amazon.com, eBook markets, used books on Abebooks.com, and the Chicago Public Library, this paper explores whether copyright correlates to the disappearance of works rather than their availability.
Authors v. Archivers: The Copyright Infringement Battle Over Web Pages
This working paper discusses the copyright implications of caching web pages for Google and the Internet Archive's Wayback Machine, summarises potential instances of copyright infringement, and argues that responsibility for removing infringing content must lie with authors and rightsholders requesting such action, rather than placing the burden of proof on archiving services.
Tools & Resources
Digitising public domain images creates a new copyright, rules German court
This blog post summarises the result of the Regional Court of Berlin's decision to recognise protection in 17 reproductions of public domain works made by the Reiss Engelhorn Museum, which were uploaded to Wikimedia Commons.