Copyright in Cyberspace: Questions and Answers for Librarians

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Table of Contents

Editorial Reviews

Library Journal

With more libraries providing access to the Internet and World Wide Web, Hoffman (chief articles editor of Texas Intellectual Property Law Journal) offers an explanation of some of the laws and problems of copyright in an online environment. She divides her book into four sections. The first provides a generalized history of copyright law in the United States. The second section describes how copyright is applied to the online world. The third delves into library issues, specifically distance education and how copyright affects it. The fourth section contains some of the primary legal resources (such as Title 17 of the U.S. Code) referred to throughout the book. This section is interesting to those wanting to read the actual laws, but these resources are available elsewhere and take up almost half of the guide. Also, there are not many print materials cited beyond 1997. A nice feature is a series of Q&A boxes that explain aspects of copyright and how they relate to libraries. Recommended, especially for collections concentrating on distance learning. Rob Martindale, Dallas P.L. Copyright 2001 Cahners Business Information.

School Library Journal

This carefully researched volume provides a complete background on copyright and its implications for the library world. Organized chronologically, it cites the balance sought in American copyright law, its roots in British law, and the relationship between these laws. The remainder of the book is devoted to the intricacies "of what currently is and is not covered by copyright protection and what exactly that protection means." The writing style, although technically accurate, may present more detail than some librarians need in answering their questions. The "bottom line" information for the section on "Fair Use" is most readable and helps explain this complicated issue. The book is divided into: "Essential Background," "Applying Copyright to Cyberspace," "Specific Library Applications," and "Copyright Information Sourcebox." The latter section contains a variety of excerpts from the copyright act of 1976 and the ALA model policy concerning photocopying, and includes information about obtaining permission to use copyrighted material, fulfilling your responsibility as an information professional, and an extensive list of resources available from various organizations. As librarians assist patrons and staff to move through our litigious world, this volume will be indispensable for school districts and public libraries.-Mary Lankford, Texas Education Agency, Austin Copyright 2001 Cahners Business Information.

Product Details

ISBN-13: 9781555704100
Publisher: Neal-Schuman Publishers
Publication date: 6/28/2001
Series: Netguide Ser.
Edition description: Older Edition
Pages: 264
Product dimensions: 6.04 (w) x 9.14 (h) x 0.73 (d)

	Foreword
	Preface
	Acknowledgments
1	History and Purpose	3
	When Did Copyright Begin?	4
	How Does That British History Relate to American Copyright Law?	6
	When Did Modern Copyright Law Actually Begin?	7
	What Is Our Current Source of Copyright Law?	8
	What Significant Statutory Changes Have Occurred Since 1976?	11
2	Overview	15
	What Can Be Copyrighted?	15
	How Do I Get Copyright Protection?	18
	What Rights Do I Get by Copyrighting My Work?	19
	Are There Limitations and Exceptions to These Rights?	20
	How Do I Avoid Getting in Trouble?	21
	What Happens to Me or My Library If We are Found Guilty of Infringement?	22
3	Fair Use and Statutory Exceptions for Libraries	25
	What Is the Fair Use Doctrine?	25
	How Are Fair Use Judgments Made?	27
	What Is the Case-By-Case Analysis Based On?	27
	What Other Statutory Protections Are Available for Librarians?	34
	What Is the Bottom Line?	39
4	Internet Basics	41
	How Does Information Travel over the Internet?	41
	What Is the Significance of Copyright in This Process?	44
	What About Specific Web Functions?	47
5	Recent Legislation	49
	How Does the Sonny Bono Copyright Term Extension Act Change Copyright Duration?	50
	What Exactly Does the Digital Millennium Copyright Act Do?	52
	Anticircumvention Rules and Copyright Management Information	54
	What Is the Uniform Computer Information Transaction Act?	54
6	Hyperlinking and Framing	59
	How Does Hyperlinking Work?	59
	How Do Inline Linking and Framing Work?	65
	What Should I Do About Using Deep Links and Frames?	67
	Can These Activities Really Infringe Copyright?	67
7	Browsing	71
	How Is the Reproduction Right Implicated by Browsing?	72
	How Is the Derivative Works Right Implicated by Browsing?	78
	How Are the Public Display and Performance Rights Implicated by Browsing?	81
	Isn't There Some Kind of Protection for Browsers?	82
	What Does This Mean for Our Libraries?	84
8	Using Digital Images	87
	How Do I Know When I Can Legally Download or Copy an Image from the Web?	87
	When I Legally Download an Image, Am I Limited in What I Can Do with It?	89
	Does the Right to Copy an Image from a Web Page Include the Right to Put It on My Web Page?	92
	Does the Right to Copy and Place an Image on My Web Page Include Other Rights?	93
	What Uses Can I Make of Information I Find on the Web?	94
	Can I Place Images of Works in My Collection on My Web Pages?	94
	The Bottom Line	95
9	Understanding Noncopyright Issues	97
	How Does Trademark Law Compare to Copyright Law?	97
	What Does This Mean for a Librarian Creating Web Pages?	99
10	Realizing Legal Liabilities	105
	I'm the Good Guy: What Can They Do to Me?	105
	What Kind of Damages Could a Court Assess to Me or My Library?	106
	Are There Exceptions for the "Good Guys"?	107
	How Likely Is It That a Library Would Be Sued for Infringement?	108
11	Liability and Libraries as Content and Internet Access Providers	113
	Why Is It Important to Understand the Various Types of Infringement?	113
	Can My Institution Be Liable for Someone Else's Actions on Our Computers?	113
	How Do Different Types of Infringement Apply to Library Activities?	114
	What Are the Liability Implications for Libraries as Internet Access Providers?	115
	What Do I Have to Do to Be Covered by the Entire Section 512?	118
12	Interlibrary Loan and Resource Sharing	121
	What Does the Copyright Act Say About Interlibrary Loan?	121
	CONTU Guidelines	123
	How Does This Apply to the Internet?	123
	What Is the Bottom Line About Using the Internet for Interlibrary Loan Activities?	125
13	Electronic Reserve Systems and Class-Based Web Pages	127
	How Does Fair Use Apply to Reserves and Classroom Copying?	128
	What Are the Limitations on the Performance and Display Rights?	130
	Are There Any Guidelines to Help Us Determine What Is Allowed?	130
	ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use	133
	When All Else Fails, Read the Directions	135
14	Library Instruction and Distance Education	137
	Are There Problems with Giving Live Demonstrations in the Classroom?	138
	Is There a Problem with Using "Canned" Presentation of Web Pages?	138
	Is There a Problem with Enhancing Electronic Presentations?	140
	What Are the Copyright Implications for Distance Learning?	141
	Do Vendor Licenses Address Uses Made for Instructional or Distance Education Purposes?	142
15	Taking a Stand for Libraries and Library Users	145
	Why Should Librarians Get Involved in What Is Essentially a Political Issue?	145
	How Should Librarians Go About Being Aggressive and Prevent Being Co-opted?	148
Source 1	Selected Excerpts From the Copyright Act of 1976 (17 U.S.C. 101 Et Seq.)	153
Source 2	Copyright Term Duration	181
Source 3	The Conference on Fair Use: Educational Fair Use Guidelines for Digital Images	183
Source 4	The Conference on Fair Use: Fair Use Guidelines for Electronic Reserve Systems	197
Source 5	The Conference on Fair Use: Educational Fair Use Guidelines for Distance Learning	201
Source 6	The Conference on Fair Use: Fair Use Guidelines for Educational Multimedia	211
Source 7	Final Report of the National Commission on New Technological Uses of Copyrighted Works	223
Source 8	American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use	229
Source 9	Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions (from the House Committee on the Judiciary Report on the Copyright Act of 1976)	239
Source 10	How to Get Permission to Use Copyrighted Material	243
Source 11	How to Protect Your Work	245
Source 12	How to Fulfill Your Responsibility as an Information Professional to Represent the Needs of Your Library and Your Users	251
	Source 13: Resources: Organizations	255
	Source 14: Resources: Publications	257
	Source 15: Resources: Web Pages	259
	Index	261
	About the Author	264

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