NISO Webinar: Copyright Decisions: Impact of Recent Cases on Libraries and Publishers
August 14, 2013
1:00 - 2:30 p.m. (Eastern Time)
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The Digital Age has spurred a number of disruptive innovations in information dissemination and access that rely on fair use and teaching exceptions in Copyright Law. Globalization has also provided means for exchange of content that had not existed before. In response to these innovations, publishers have filed several high profile lawsuits in an attempt to protect their business models and regain control by stemming the flow of these new delivery methods. This webinar will shed some light on these recent lawsuits and discuss the ramifications the decisions these cases have on information flow now and in the future.
Laura Quilter - Copyright and Information Policy Librarian, University of Massachusetts, Amherst
Quilter is the Copyright and Information Policy Librarian at the UMass Amherst Libraries, and has a M.S. in Library and Information Science (University of Kentucky, 1993) and a J.D. (UC Berkeley School of Law, 2003).
She has taught as an adjunct professor at Simmons College, and at the Samuelson Law, Technology and Public Policy Clinic at the UC Berkeley School of Law. She has consulted with libraries and non-profits on copyright, privacy, and other technology law concerns. She has also worked as a librarian and assistant professor at the University of Illinois at Chicago, and has lectured and taught courses to a wide variety of audiences.
Laura's research interests include copyright, tensions within teaching and scholarly communication, and more broadly, human rights concerns within information law and policy, including privacy, access to knowledge, and intellectual freedom.
Presentation Abstract: HathiTrust, Google, and the Future of Mass Digitization
HathiTrust and Google BookSearch, the marquee digital book collections, are both in litigation. While the publishers have settled in the Google BookSearch, the Authors Guild continues to press its case that digitized books are "digital risk" for the rightsholders. This fall, courts will weigh the key fair use questions at stake in these cases. What is the public interest in search, and is a changed "purpose" a transformative fair use? How should preservation of texts, and accessibility for persons with disabilities, be weighed? I will review the key decisions to date and upcoming decisions in these cases, as well as the larger legal environment on the issues.
Skott Klebe - Manager of Special Initiatives, Copyright Clearance Center
Klebe has worked in copyright and licensing technology for more than fifteen years, leading the development of some of the largest licensing systems in the world. Skott was the architect of RightsLink, Copyright Clearance Center’s point-of-content licensing system, and is the inventor on several patents in the fields of content and licensing. He speaks regularly at publishing industry events on topics including copyright, technology, and disruption in the ebook marketplace.
Presentation Abstract: Kirtsaeng, ReDigi, and the Future of First Sale
The Kirtsaeng case has rewritten the rules for first sale in the global marketplace, and these changes will reverberate for years. In order to understand the implications for libraries, we look at the Kirtsaeng case and First Sale in economic context, considering possible outcomes in the short and longer terms. Looking further forward, we discuss the future of First Sale as publishing goes digital.
Brandon Butler - Practitioner-in-Residence, Glushko Samuelson IP Clinic, Washington College of Law
Before joining WCL, Butler was the Director of Public Policy Initiatives at the Association of Research Libraries (ARL), an association of 125 academic and research libraries in North America. From September 2009 to July 2013 he worked on a host of issues ranging from fair use to network neutrality to the PATRIOT Act. Working primarily on copyright issues, Butler prepared analysis and commentary on the Google Books Settlement, the Georgia State University e-reserves case, the HathiTrust, orphan works, and a wide range of litigation and legislation. He is a co-facilitator, with Peter Jaszi and Patricia Aufderheide, of the ARL Code of Best Practices in Fair Use for Academic and Research Libraries, released in January 2012. Butler still collaborates with ARL in support of library issues.
Before coming to ARL, Butler was an associate in the Media and Information Technologies practice group at the Washington, D.C., law firm Dow Lohnes PLLC, where he worked on copyright issues, trademark prosecution, and corporate transactions involving intellectual property. He graduated from the University of Virginia School of Law where he was an editor at the Journal of Law and Politics, obtained an M.A. in philosophy from the University of Texas, and did his undergraduate degree at the University of Georgia.
Presentation Abstract: Georgia State and the Future of Fair Use
In 2008, after years of uncertainty and uneasy peace, three academic publishers brought the first lawsuit against a university library over the use of electronic reserves. In the case of Cambridge U. Press et al. v. Patton et al., also known as the Georgia State case, the publishers argued that libraries were using valuable content without paying, while GSU argued that the uses were within the professors' fair use rights. The district court sided with GSU, rejecting the analogy between the library and for-profit copy shops and describing a surprisingly clear process for assessing whether a particular course reserve posting is fair. Now the case is on appeal with the 11th Circuit in Atlanta, with stakeholders on both sides filing amicus briefs. I'll review the basic arguments on both sides as well as Judge Evans' rubric for determining whether a use is fair, then we can discuss the appeal.
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Registration closes on August 14, 2013 at 12:00 pm Eastern.
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- $149.00 (International)
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