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E-books, orphan works, and e-reserves have all been central issues in litigation. Get an update on cases and other pending copyright developments that affect libraries, users and access to information. Presenter Bio: Mary Minow is currently the holder of the Follett Chair in Library and Information Science at Dominican University. She is also a member of the National Museum and Library Services Board. She manages the Stanford Copyright and Fair Use website and founded the Library Law blog. In addition, she serves on the board of the Electronic Privacy Information Center, as well as the board of the Freedom to Read Foundation.
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Hot Issues in Copyright
Ebooks, orphans, first sale …
Presented by Mary Minow, J.D., A.M.L.S.
LibraryLaw.comGraduate School of Library and Information ScienceDominican University October 30, 2013
• Legal information
• Not legal advice!
Legal Disclaimer
Agenda
Ebooks
Lending content
Litigation:Google Books, Hathi Trust
Other issues
E-reservesStreaming videos UCLA, YouTube
Changing formats
International developments
Lending ContentCopyright v. Licenses
Specific Copyright Exception:
FIRST SALE
Lending ContentCopyright v. Licenses
Specific Copyright Exception:
FIRST SALE
PART OF PUBLIC LAW
Lending ContentCopyright v. Licenses
Specific Copyright Exception:
FIRST SALE
PRIVATE CONTRACT overrides copyright law
(almost always)
What is Copyright FIRST SALE?
Loan books
Sell used books
Copyright Law17 U.S.C. Sect. 109
Digital First Sale?
Outdated law.
Rights triggered when copy is made, even if original is deleted.*
*may make INCIDENTAL OR FAIR USE argument, depending on circumstances
Digital First Sale?
Outdated law.
Rights triggered when copy is made, even if original is deleted.*
*may make INCIDENTAL OR FAIR USE argument, depending on circumstances
Digital First Sale?
Outdated law.
Rights triggered when copy is made, even if original is deleted.*
*may make INCIDENTAL OR FAIR USE argument, depending on circumstances
Don’t take for granted! First Sale Doctrine in United States
• Public Lending Right
Euros © Will Spaetzel 2004. Some Rights Reserved. Attribution-NonCommercial-ShareAlike 2.0 Generic www.flickr.com/photos/redune/5073664/
Not true everywhere!Public Lending Right =
authors paidwhen books are loaned
First Sale: Sell Used e-files?
https://www.redigi.com/
Capitol Records, LLC v. ReDigi Inc., No. 12 Civ. 95 (RJS), 2013 WL 1286134 (S.D.N.Y. Mar. 30, 2013)
RSS feed at http://dockets.justia.com/docket/new-york/nysdce/1:2012cv00095/390216/
A right to sell used digital music?
March 2013 Partial summary judgment for plaintiff
new copy made, even if old was deleted
Redigi 2.0 direct from iTunes to locker
https://www.redigi.com/ New!New!
2014
First Sale: Supreme Court 2013
Kirtsaeng v. John Wiley& Sons, Inc., 133 S. Ct. 1351 (2013); See also First Sale Fast Facts for Libraries / Library Copyright Alliance http://www.librarycopyrightalliance.org/bm~doc/lca-tp-firstsale18jan13.pdf
Are copies printed abroad subject to First Sale?
Yes.
Library Copyright Alliance cited in opinion.
First Sale: Supreme Court 2013
Kirtsaeng v. John Wiley& Sons, Inc., 133 S. Ct. 1351 (2013); See also First Sale Fast Facts for Libraries / Library Copyright Alliance http://www.librarycopyrightalliance.org/bm~doc/lca-tp-firstsale18jan13.pdf
Are copies printed abroad subject to First Sale?
Yes.
Library Copyright Alliance cited in opinion.
PTO : impacts right to sell abroad
Reexamine legislatively
PTO : impacts right to sell abroad
Reexamine legislatively
LENDING CONTENT Copyright Safe
OK:
• Public Domain
• Creative Commons
• Permission(e.g. local author)
New rights modelsunglue.it – creative commons
Rights holders set dollar mount, readers pledge $ to “unglue”
Success =Creative Commons License
Licenses
Licenses
understanddefault copyright
rights before signing
understanddefault copyright
rights before signing
Douglas County Libraries and Califa:
Statement of Common Understanding
Uses copyright law, not license
Describes how copyright law applies
One user-One loan
LITIGATION: Hathi Trust Book Scans as FAIR USE
OK for
preservation searching text mining print disabled users
Now on appeal.
Orphan works program suspended, not currently at issue
Authors Guild v. HathiTrust
LITIGATION: Google Books Scanned over 20 million books with library partners Search “snippets”
2005 Authors and publishers sued Google
Proposed settlement:
BOOKS RIGHTS REGISTRY (sell orphans)
Court REJECTED
Current status: publishers settled authors have not
Authors Guild v. Google
Not at issue:
2 million public domain books
2 million previews with publisher agreements
http://www.librarycopyrightalliance.org/bm~doc/googlebookslitigation-familytree.pdf
Google Books
Authors Guild v. Google
For
updates
thepublicindex.org
Institute for Information Law and Policy at New York Law School.
Opportunity for Public CommentDeadline: November 13
• Benefits of First Sale? Experience in Digital Market?
• Possible to share books with friends? Second hand texts for students?
• Alternatives to incorporate into digital market?
• Technology updates since Copyright Office First Sale study in 2001?
• Markets or users that warrant particularized treatment?
Public Meeting Dec. 12th Ronald Reagan Building, Washington, DC
Department of Commerce’s Internet Policy Task Force
http://www.ntia.doc.gov/federal-register-notice/2013/request-comments-department-commerce-green-paper-copyright-policy-creat
Federal Register Docket 130927852-3852-01
Agenda
Other issues
E-reservesStreaming videos UCLA, YouTube
Changing formats
E-Reserves
Cambridge University Press v. Becker
COURT (May 2012):
26 not registered or de minimus44 FAIR USE 5 Infringing
Look to amount and market harmRejected CLASSROOM GUIDELINES
Reasonable limits: One chapter of book with 10+ chapters 10 % of book less than 10 chapters
Appeal arguments week of Nov. 18, 2013 in AtlantaSee ARL Issue Brief by Brandon C. Butlerhttp://www.arl.org/bm7Edoc/gsu_issuebrief_15may12.pdf
Streaming Videos: UCLA Case
UCLA converted DVDs to streaming for in course management system
November 2012: Court found it could be FAIR USE – the streaming did not substitute for purchase and did not cause market harm.
Assn for Information Media & Equipment v. University of Californiahttp://www.nacua.org/documents/UCLAStreamingMediaCopyright2012.pdfhttp://dockets.justia.com/docket/california/cacdce/2:2010cv09378/489296/
May We Show YouTube Video?
Copyright and YouTube Terms of Service
Copyright Law – Specific exception
OR MAKE FAIR USE CASE
Performance by instructors or pupils in face-to-face teaching activities of nonprofit educational institution in classroom or similar place devoted to instruction
See also TEACH Act for distance ed
17 U.S.C. Sect. 110(1)and (2)
YouTube Terms
http://www.youtube.com/t/contentid
YouTube Terms of Service4. General Use of the Service—Permissions and Restrictions
YouTube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means YouTube may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain YouTube's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from YouTube appears on the same
page and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote your
business or artistic enterprise;
showing YouTube videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
any use that YouTube expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
http://www.youtube.com/t/terms?hl=en
International Developments
http://www.librarycopyrightalliance.org/bm~doc/user-guide-marrakesh-treaty-1013final.pdf
International Library Copyright Treaty Discussions
http://www.wipo.int/meetings/en/details.jsp?meeting_id=29944
Agenda
Ebooks
Lending content
Litigation:Google Books, Hathi Trust
Other issues
E-reservesStreaming videos UCLA, YouTube
Changing formats
International developments
