E-Letter on Copyright, Licensing and E-Commerce News

[Amritha <kim_mlis@yahoo.ca>]

(Cross-posted; please excuse duplication.)

Trying to keep up with current issues in copyright law and licensing? The
following e-letter on Copyright, Licensing & E-Commerce News can be
received for free by e-mailing Lesley Ellen Harris at
lesley@copyrightlaws.com

Sincerely, 

amritha@copyrightlaws.com


FROM THE OFFICES OF LESLEY ELLEN HARRIS
Copyright, New Media Law & E-Commerce News
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Vol. 9, No. 1, March 3, 2005
ISSN 1489-954X

Contents:
	
1. Studies, Legislation and Conventions: CCC Report Finds Employees
Routinely Violate Copyright U.S. Copyright Office to Examine "Orphan
Works" Israel to Legalize Private Copying Collective Copyright Management
Introduced into China

2. Legal Cases:
U.S. Supreme Court to Hear Grokster
U.S. Court Finds Linking Violates Copyright
Canadian Court Rules that MP3 Players Are Outside
Private Copying Regime

3. Of Interest:
Google & Research Libraries to Digitize Works
German National Library Allowed to Copy Electronic    
Materials
April 26 is World IP Day

4. Publications and Web sites:
Spring 2005 Online Courses
The Copyright & New Media Law Newsletter
Certified Software Manager Seminar and Exam

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Copyright, New Media & E-Commerce News is distributed for free by the
office of Lesley Ellen Harris. Information contained herein should not be
relied upon or considered as legal advice. Copyright 2005 Lesley Ellen
Harris. This newsletter may be forwarded, downloaded or reproduced in
whole in any print or electronic format for non-commercial purposes
provided that its author is acknowledged and that you cc:
lehletter@copyrightlaws.com.

This newsletter is archived with the National Library
of Canada at:
http://collection.nlc-bnc.ca/100/202/300/copyright-a/index.html

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1. STUDIES, LEGISLATION AND CONVENTIONS:

CCC REPORT FINDS EMPLOYEES ROUTINELY VIOLATE COPYRIGHT. The Copyright
Clearance Center recently issued a report on the use of electronic
copyright-protected content in the workplace. Of 30,000 corporate
employees surveyed, 70% of employees share electronic information from
magazines, newspapers and newsletters with colleagues, on average 13 times
per week, without realizing that their actions may violate copyright law.  
The report is at:  
http://www.copyright.com/media/pdfs/Digital_Workspace_Report.pdf

U.S. COPYRIGHT OFFICE TO EXAMINE ORPHAN WORKS. The U.S. Copyright Office
has announced an inquiry into works whose owners are difficult or
impossible to locate, known as "orphan works." According to the Copyright
Office, "the uncertainty surrounding ownership of such works might
needlessly discourage subsequent creators and users from incorporating
such works in new creative efforts or making such works available to the
public." Written comments from interested parties must be received on or
before March 25, 2005. For more information, see:  
http://www.copyright.gov/fedreg/2005/70fr3739.html

ISRAEL TO LEGALIZE PRIVATE COPYING. The Israeli Ministry of Justice has
announced plans to amend the country's copyright legislation to allow for
private copying of music CDs. The copying must be done on stipulated types
of media, and a fee will be levied on producers of recordable media.

COLLECTIVE COPYRIGHT MANAGEMENT INTRODUCED INTO CHINA.  Chinese law now
includes a provision that rights such as broadcasting, duplication, and
performance can be entrusted to collective management organizations for
protection. The regulation came into force on March 1, 2005.

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2. LEGAL CASES:

U.S. SUPREME COURT TO HEAR GROKSTER.  The Supreme Court announced in
December that it is to hear the P2P piracy case, MGM v. Grokster. In
August 2004, the Court of Appeals for the Ninth Circuit held that P2P
services were not liable for their users' file sharing of
copyright-protected music and movies. Oral arguments will likely take
place spring 2005, with a ruling expected in July 2005.

U.S. COURT FINDS THAT LINKING VIOLATES COPYRIGHT.  In an unusual decision,
a U.S. District Court held that linking to another Web site resulted in
liability for copyright infringement, because the defendant had �extensive
involvement� in the content of the linked-to site. In Bateseville Serv.
Inc v. Funeral Depot Inc, the court acknowledged that mere linking is not
usually a copyright violation, but held that because the defendant
designed the allegedly infringing Web pages, paid for the pages, and
controlled modifications to the pages, there was sufficient involvement
that a reasonable jury could find the defendant liable for copyright
infringement.

CANADIAN COURT RULES THAT DIGITAL RECORDERS ARE OUTSIDE PRIVATE COPYING
REGIME.  The Federal Court of Appeal recently ruled that MP3 players are
not subject to Canada's private copying regime. The Copyright Board had
previously held that the devices memory was "blank audio recording media,"
and that MP3 manufacturers were therefore required to pay a levy under the
private copying regime. The decision will likely be appealed to the
Supreme Court of Canada.

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3. OF INTEREST:

GOOGLE & RESEARCH LIBRARIES TO DIGITIZE WORKS.  Google has reached
agreements with several research libraries to digitize the libraries'
works and make them searchable on the Web. The agreement, reached with
libraries including Harvard University, Oxford University and the New York
Public Library, allows Google to publish the full text of works that are
not subject to copyright, and to make short excerpts of
copyright-protected works available online.

GERMAN NATIONAL LIBRARY ALLOWED TO COPY ELECTRONIC MATERIALS.  The German
Federation of the Phonographic Industry and the German Booksellers and
Publishers Association have agreed to allow the German national library
(Deutsche Bibliothek) to legally circumvent copy protection mechanisms on
electronic materials. The agreement, which covers CD-ROMs, videos,
software and e-books, was made to allow the library to fulfill its legal
obligation to collect and make available material for long-term archiving
purposes.

APRIL 26 IS WORLD IP DAY. The World Intellectual Property Organization
(WIPO) has designated April 26, 2005 as World IP Day as part of its
educational and public awareness activities. For more information, see
http://www.wipo.int/

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4. PUBLICATIONS AND SEMINARS:

SPRING 2005 ONLINE COURSES.  Need to learn more about copyright law and
licensing but never seem to have the time to attend a course or read an
entire book on the topic? Copyrightlaws.com is offering online courses to
guide you through the �copyright maze� to provide you with a strong
understanding of copyright basics and managing your copyright and
licensing issues. In spring 2005, there are four courses: 

Managing Copyright Issues 
U.S. Copyright Law
Digital Licensing
Canadian and International Copyright Law 

Courses last for eight weeks, and comprise 16 lessons, which are e-mailed
directly to you. (Digital Licensing is 9 weeks, with 27 e-lessons). For
more information, visit http://copyrightlaws.com or e-mail
seminars@copyrightlaws.com. To register, go to
http://www.acteva.com/go/copyright.

THE COPYRIGHT & NEW MEDIA LAW NEWSLETTER:  FOR LIBRARIES, ARCHIVES &
MUSEUMS.  This unique newsletter is entering into its ninth year of
publication in 2005. This is a print newsletter published four times per
year, with contributors and authors from around the world. If you would
like to see a sample copy of this newsletter, email:
libraries@copyrightlaws.com.  Subscription information is at:
http://copyrightlaws.com.

CERTIFIED SOFTWARE MANAGER SEMINAR AND EXAM. This 6-hour in-person seminar
covers compliance with copyright law, negotiating and managing software
licenses, and managing software assets more efficiently. Completing the
course and the final exam earns you a Certified Software Manager
certificate from the Software & Information Industry Association. For
upcoming dates and cities, email servicelogic@licenselogic.com, call
1-800-731-7023, or visit www.licenselogic.com (enter the promotion code
CR05 for $50 off the seminar).

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This newsletter is prepared by Lesley Ellen Harris, a Copyright Lawyer and
Consultant. Lesley is the author of the books Canadian Copyright Law
(McGrawHill), Digital Property: Currency of the 21st Century, and
Licensing Digital Content (ALA Editions).  Lesley can be reached at
lesley@copyrightlaws.com, and at http://copyrightlaws.com.

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This LEH-Letter issue was prepared with the help of Beth Davies.