Bibliocycle

It was the stated intention of Congress, reinforced in the courts, that copyright law be “technology neutral.”  With the passage of the TEACH Act in 2002, this balance was upset.  Digital materials are more protected than analog materials, and educational institutions must take certain steps to assure protection before using the materials. The exemptions of [...]

[Read more →]

A few weeks ago, in a closely watched copyright case, Judge Robert Patterson ruled that Steven Vander Ark’s Harry Potter Lexicon infringed the copyright of J.K. Rowlings. Vander Ark, a school librarian, planned to publish an encyclopedia with content from the site.  In the ruling he was assessed a minor penalty, and enjoined from publishing.  [...]

[Read more →]

To teachers and librarians, the most important limitation on copyright is Fair use, as detailed in section 107 of the statute.   The use of this exemption is complicated by the fact that no one, not even the most experienced copyright attorney, can say definitively that a specific use is a “fair use.”  In each instance, [...]

[Read more →]

In trying to unravel the tangled mess of current copyright legislation and policy, it occurred to me to wonder how we got here in the first place.  If copyright is working as intended, what is it supposed to accomplish?  The US Constitution provides some insight: The Congress shall have the power to promote the Progress [...]

[Read more →]

One of the things that I am loving about being on sabbatical is the gift of time time to think reflectively.  When I am working I “think” all day long, but the daily demands of managing a dynamic program serving the needs of a diverse community require active decision making, and often preclude the luxury [...]

[Read more →]

I recently wrote that studying copyright during my sabbatical is complicated by the fact that the legislation seems to be on shifting sand. Right on cue, hearings were held yesterday on two pieces of controversial copyright legislation. In the House, the Judiciary Committee’s Subcommittee on Courts, the Internet, and Intellectual Property considered HR 6845, the Fair [...]

[Read more →]

One of the current challenges for library professionals is the need to keep up with changes in the body of copyright law.  This is particularly true at the Academy.  Copyright questions of faculty and administrators generally end up on my desk, and the library plays an essential role in managing copyright issues surrounding electronic reserves [...]

[Read more →]