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>> 2002 Town Meetings >> St. Louis
ST. LOUIS: Resources
Michael Shapiro: Imagining the Commons
Jeff
Cohen: Implementing a Public Domain Resource
Mary Case:
Licensing
Robert
Clarida: Fair Use
Tony Gill:
Licensing RLG's Cultural Materials Initiative
Imagining the Commons - Michael
Shapiro
Benkler, Yochai. "Free
as the Air to Common Use: First Amendment Constraints on the Enclosure
of the Public Domain," 74 New York University Law Review
354 (1999).
Boyle, James. "A
Politics of Intellectual Property: Environmentalism for the Net?"
47 Duke Law Journal (1997).
Gordon, Wendy J. "A Property Right in Self-Expression:
Equality and Individualism in the Natural Law of Intellectual Property,"
102 Yale Law Journal 1533 (1993).
Lange, David. "Recognizing
the Public Domain," Law & Contemporary Problems (1981).
Litman, Jessica. "The
Public Domain," 39 Emory Law Journal 965 (1990).
Netanel, Neil Weinstock. "Copyright and a Democratic
Civil Society," 106 Yale Law Journal 1533 (1996). [abstract]
Patterson, L. Ray. "Free Speech, Copyright and
Fair Use," 40 Vanderbilt Law Review 1 (1987).
Reichman, J.H. "An Evaluation of the Copyright
Term Extension Act of 1995: The Duration of Copyright and the Limits
of Cultural Policy," 14 Cardozo Arts & Entertainment Law
Journal 625 (1996).
Samuels, Edward. "The
Public Domain in Copyright Law," 41 Journal of the Copyright
Society 137.
Implementing a Public Domain Resource
- Jeff Cohen
Sharing
Teaching Images in Architectural and Art History: some pertinent
links
a) Image-Sharing
Web Resources: The Built Environment
b) Organizations
c) Tools
Licensing - Mary Case
Art Museum Image
Consortium (AMICO) - http://www.amico.org/
A plan to collectively administer the educational licensing of
the digital intellectual property of major North American art
museums for the mutual benefit of museums and educational
institutions.
Bearman, David and
Jennifer Trant, "The Art Museum Image Consortium: Licensing
Museum Digital Documentation for Educational Use." Spectra
24, 4 (Fall 1997) http://www.archimuse.com/papers/amico.spectra.9708.html
Brennan, Patricia,
Karen Hersey, and Georgia Harper. Licensing Electronic
Resources: Strategic and Practical Considerations for Signing
Electronic Information Delivery Agreements. Washington:
Association of Research Libraries, 1997. Also on the Web - http://www.arl.org/scomm/licensing/licbooklet.html.
Crews, Kenneth D.
"Licensing for Information Resources: Creative Contracts and
the Library Mission, " in Virtually Yours: Models for
Managing Electronic Resources and Services. Chicago:
American Library Association, 1998, pp. 98-110.
Davis, Trisha L.
"Legal issues: the negotiator's perspective for getting to
the heart of the license," in Virtually Yours: Models
for Managing Electronic Resources and Services. Chicago:
American Library Association, 1998, pp. 118-126.
Howe, Jeff.
"Licensed to Bill," Wired, October 2001, pp.
140-149. - http://www.wired.com/wired/archive/9.10/drm.html
Liblicense:
Licensing Digital Information: A Resource for Librarians - http://www.library.yale.edu/~llicense/index.shtml
Website hosted by Yale University Library includes a wealth of
information on licensing, including terms, a model license, a
bibliography, links to additional resources, and the archives of
a very active licensing discussion list.
Museum Educational
Site Licensing (MESL) Project
A collaboration of seven museums and seven universities,
sponsored and organized by the Getty Information Institute and
MUSE Educational Media, to define the terms and conditions for
the educational use of digitized museum images.
NINCH Article on
Museum Licensing Initiatives:
"Museums Collaborate in New Marketing Ventures for Digital
Images"
http://arl.cni.org/newsltr/193/intro.html
Okerson, Ann,
"Copyright or Contract?" Library Journal 122,
14 (Sept. 1, 1997): 136-139.
Okerson, Ann, Buy
or Lease? Two Models for Scholarly Information at the End (or the
Beginning) of an Era," Daedalus; Journal of the American
Academy of Arts and Sciences, 125, 4 (Fall, 1996): 55-76.
Principles for
Licensing Electronic Resources - http://www.arl.org/scomm/licensing/principles.html
To guide libraries in negotiating license agreements for access
to electronic resources, and to provide licensors with a sense of
the issues of importance to libraries and their user communities
in such negotiations, six leading library associations have
combined to develop a statement of principles for licensing
electronic resources.
Fair Use - Robert Clarida
Feist v. Rural Tel.
Serv. Co., 499 U.S. 340, 111 S. Ct. 1282 (1991)
Harper & Row,
Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 549, 105 S.
Ct. 2218 (1985)
Byrne v. BBC, 132
F. Supp. 2d 229 (S.D.N.Y. 2001)
American
Geophysical Union v. Texaco, Inc., 60 F.3d 913 (2d Cir. 1994)
Worldwide Church of
God v. Philadelphia Church of God, 227 F.3d 1110 (9th Cir. 1999)
Kelly v. Arriba
Soft Corp., No. 00-55521, 2002 U.S. App. LEXIS 1786 (9th Cir.
Feb. 6, 2002)
TEACH Act, S. 487
("Technology, Education and Copyright Harmonization Act of
2001")(as passed unanimously by the Senate, and submitted to
the House Judiciary Committee on June 8, 2001) http://thomas.loc.gov/cgi-bin/query/z?c107:S.487.RFH:
Study Required By
Section 104 of the Digital Millennium Copyright Act (U.S.
Copyright Office, Aug. 29, 2001) www.loc.gov/copyright/reports/studies/dmca/dmca_study.html
17 U.S.C. ß 107
(full text follows):
ß107.
Limitations on exclusive rights: Fair use
Notwithstanding
the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in
copies or phonorecords or by any other means specified by
that section, for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom
use), scholarship, or research, is not an infringement of
copyright. In determining whether the use made of a work in
any particular case is a fair use the factors to be
considered shall include—
the
purpose and character of use, including whether such
use is of a commercial nature or is for nonprofit
educational purposes;
the
nature of the copyrighted work;
the
amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
the
effect of the use upon the potential market for or
value of the copyrighted work.
The fact that a
work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the
above factors.
Licensing of RLG's Cultural Materials
Initiative - Tony Gill
RLG
Cultural Materials Initiative: http://www.rlg.org/culturalres/
RLG
Cultural Materials Alliance: http://www.rlg.org/culturalres/allies.html
RLG
Cultural Materials Alliance Advisory Groups: http://www.rlg.org/culturalres/advgroups.html
RLG
Cultural Materials: http://culturalmaterials.rlg.org/
Terms
of Use for RLG Cultural Materials: http://www.rlg.org/agreements/termsrcm.html
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