AMERICAN LAW REVIEW

Copyright Summary

       Historic Statements

Copyright Management Center of the University of Texas System Administration Office of General Counsel.

The Copyright Website from Benedict O'Mahoney

Timeline: A History of Copyright in the U.S. from the Association of Research Libraries

FindLaw Internet Legal Resources Index

US Supreme Court Cases since 1893

US Constitution - Annotated with links to US Supreme Court cases

Opinion Samples

• Cyberspace Law and Intellectual Property Writings Of Marie A. D'Amico, Esq. A range of topics covered including copyright, trademarks and domain names, jurisdiction on the Internet, privacy, e-mail, the CDA.

• Art and Music Sampling: The Death of Creativity - transcript of KPFA radio panel that included Don Joyce of Negativeland (the band sued by U2's record company for putting out an album titled "U2"), Bruce Hartford of the National Writers' Union and Bob Haslam, an attorney. (December 1993)
• Basic Principles for Managing Intellectual Property in the Digital Environment from the National Humanities Alliance Document Available on NINCH Website
• Big Myths about copyright explained by Brad Templeton. This is a list of 10 misconceptions of about copyright rights (last change October 16, 1995).
• A Bill of Writes column by Nicholas Negroponte and Michael Hawley, originally published in Wired Magazine. Almost every book published in the United States during the last 15 years has been produced digitally. The Bill of Writes is a digital deposit act, requiring that each item submitted to the Library of Congress be accompanied by its digital source in order to obtain copyright. This will lead to the quicker building of digital libraries which will benefit future generations. (May 1995)
• Can Fair Use Survive our Information-based Future?- An Interactive Media Lab Technical Report by John S. Erickson. Abstract: The emerging information infrastructure has enabled an unprecedented degree of worldwide communication and information sharing. We are now seeing the beginnings of a new information-based commerce. While there is a tremendous amount of information which is freely available today through electronic means, many predict that these electronic pathways will become commercialized and access to knowledge in the future will be "pay-as-you-go." The framers of the constitution maintained that a free exchange of knowledge is essential for the good of society, and it is from this assertion that both copyright law and the fair use doctrine find their roots. This paper considers how fair use, so important to the flow of knowledge in our society, can be protected in our information future. (1995)
• Copyright and Authors' Rights by Mike Holderness for the International Federation of Journalists Freelance conference in Amsterdam. Statement urging a recognition of "authors' rights" by the United States and the UK. (December 1995).
• Copyright and Fair Use in the Digital Age: Q&A with Peter Lyman. Educom Review Jan/Feb'95
• Copyright and Fair Use: What You Need To Know Before Scanning Artwork by Dana King, UTCC. Article that explains copyright and fair use as applied to scanning. The bottom line is if you are considering scanning a copyrighted item, first contact the copyright holder and ask permission. (no date given)
• Copyright and Preservation: A Serious Problem in Need of a Thoughtful Solution by Robert L. Oakley. Abstract: "The Copyright Office is not prepared to support a broad new privilege allowing libraries largely unrestrained preservation copying rights with respect to published works, and permitting storage in machine-readable, computer-accessed systems....The Office...recognizes that libraries should be able to employ new preservation techniques, provided adequate copyright controls are legislated, both with respect to the preservation copying and information supplying functions of libraries. We recommend a thorough review of these issues by the library, user, author, and publishing communities with a view to developing a common legislative position." (September 1990)
• Copyright Law and the Musician by David Richards Abstract: This article describes the United States Copyright Law insofar as it relates to musicians (including singers) and members of organizations which utilize music, such as schools, churches, amateur and professional musical groups or clubs, etc. Information on the various licenses required to perform or record musical works is included, however this is not a step-by-step guide. (revision: June 1990)
• Copyright, Digital Data, And Fair Use In Digital Networked Environments by Pamela Samuelson, Professor of Law, University of Pittsburgh Law School. Looks at the copyright in the digital arena and some of the possible outcomes given different policy decisions. (1994)
• Copyright FAQ by Terry Carroll. Numerous questions about copyright answered. This is a good place to start for basic copyright knowledge. (January 1994)
• The Copyright Grab by Pamela Samuelson, a visiting professor of law at Cornell Law School and a Fellow of EFF. Published in Wired. Examines the White Paper on Intellectual Property and the National Information Infrastructure and how enactment of its views would rescinded traditional user rights to browse, share, or make private noncommercial copies of copyrighted works and lead to an invasion of user privacy. Argues that the White Paper is not a good idea from a user perspective. (January 1996)
• Copyright Legislation and Scholarly Communication: Basic Principles from the University of California, draft document
• Copyright in the New World of Electronic Publishing - by William S. Strong, presented at the workshop Electronic Publishing Issues II at the Association of American University Presses (AAUP) Annual Meeting June 17, 1994. Looks how copyright will, if it can, deal with the new world of electronic publishing and how digital publishing will effect publishers. (June 1994)
• Copyright Law, Libraries, and Universities: Overview, Recent Developments, and Future Issues by Kenneth D. Crews. This paper looks at the Kinko's and Texaco photocopying cases as well as other legal issues concerning copyright and fair use. It includes some strategies and options for libraries (this is a 1992 paper, so later decisions and laws should be looked as well). (For Presentation To: Association of Research Libraries, October 1992)
• Courts Now Confront Online Photograph Copying by Michael S. Oberman and Trebor Lloyd from National Law Journal (October 23, 1995). This article looks at how courts have dealt with photography and other new technologies. Includes an examination of some fair use issues.
• Cybercopyrights: Piracy and Fair Use on the Web by Carl Klein. Discusses and illustrates the gray areas that occur when copyright law confronts the Web.
• The Digital Imaging Revolution: Legal Implications and Possible Solutions by Kimberly Amaral (no date given)
• Designing a Web of Intellectual Property - article on intellectual property and the WWW. by Terje Norderhaug and Juliet M. Oberding, published in the conference proceedings of The Third International World-Wide Web Conference, Computer Networks and ISDN Systems, 27 (6), pp. 1037-46. (1995)
• The Economy of Ideas: A framework for rethinking patents and copyrights in the Digital Age (Everything you know about intellectual property is wrong) by John Perry Barlow, a retired cattle rancher, a lyricist for the Grateful Dead, and co-founder and executive chair of EFF. Published Wired magazine, March.
• Fair Use of Copyrighted Works, Electronic version of a pamphlet published by CETUS: Consortium for Educational Technology in University Systems. (1995) Includes information on fair use as it relates to higher education, illustrative scenarios, and information on obtaining permissions.
• Fair Use in the Electronic Age: Serving the Public Interest this Working Document (1/18/95) is an outgrowth of discussions among a number of library associations regarding intellectual property, and in particular, the concern that the interests and rights of copyright owners and users remain balanced in the digital environment.
• The 411 on Copyright for Net Photos in this paper Kathleen Brockel presents a sampling of opinions and predictions about the application of copyright law to Net photos in relation to contemporary photographers; stock photo agencies; publishers; and Net users. (1996)
• Franklin Pierce Law Center Publications on Intellectual Property an index to several discussions of intellectual property by Professor Thomas G. Field, Jr.
• Online Fair Use of Copyrighted Material: Issues and Concerns by Gerard Martin
• Plunderphonics or, Audio Piracy as a Compositional Prerogative by John Oswald, from the Cassette Mythos, Autonomedia 1990. Examines legal issues involved in audio recordings.
• Potential Pitfalls in Multimedia Product Development: Clearing the Necessary Content Rights by Paul Norris and Mark Bolender
• The property of the mind. Digital technology and the development of the Internet are making it easy to copy or alter all sorts of information and art, from music to databases to computer software. Can copyright still be protected? Article from the Economist magazine. (July 27, 1996)
• Readings on Information and Intellectual Property From an MIT course
• Report of the Joint Information Systems Committee & Publishers Association Working Party On Fair Dealing in an Electronic Environment UK academic and publishing representatives working to find agreement on electronic publishing.
• Revising the Copyright Law for Electronic Publishing by David Loundy. Published in the Volume 14 of the John Marshall Journal of Computer and Information Law, October, 1995.
• READI Guide (Rights for Electronic Access to and Delivery of Information) provides a paragraph-by-paragraph analysis of contractual language in the networked environment. It is designed to assist network vendors, suppliers, publishers, and buyers of networked information in their efforts to negotiate effective agreements. From the Coalition for Networked Information (CNI).(Draft November 15, 1994)
• Statutory Protection for Computer Software in the United States contains a discussion of fair use doctrine as applied to computer software. By Ladas and Parry. Last revised in March 1996.
• Technology Law Column by David Loundy
• Washington State University Copyrigt Office includes copyright fact sheets and articles.
• What Does the Future Hold for Copyright and Scholarly Publishing? articles from Science.
• Whom Do You Trust? Op Ed by Michigan Law's Roberta J. Morris and Jonathan Franklin
• Who Owns Digital Works? by Ann Okerson published in the July 1996 issue of Scientific American. Proposed changes to copyright law could regulate electronic browsing and make it illegal unless expressly permitted. Okerson asserts that even a partial ban would upset the current balance between the rights of readers and copyright holders.
• Whose article is it anyway? Copyright and intellectual property issues for researchers in the 90s, Notices of the AMS, January 1996. By Ann Okerson
• With Feathers: Effects of Ownership on Scholarly Publishing, College and Research Libraries (1991) 425-38. By Ann Okerson. Examines the effects of copyright on scholarly publications.

       Publications: Journals, Magazines and Newletters

• Cardozo Arts and Entertainment Law Journal
• Computer Law News from Law Journal EXTRA!
• The Copyright and New Media Newsletter online newsletter for librarians and information specialists. Table of contents and editorial are online.
• CyberLaw - CyberLaw is a collection of useful and interesting articles, focusing on legal issues concerning computer technology.
• CyberLex - CyberLex is a sister publication to CyberLaw, and addresses legal developments touching the computer industry.
• Cyber News Information Technology Law Newsletter - Cyber News is a newsletter aimed at providing its readership with pertinent legal information relating to the information superhighway. From UniversitÈ de MontrÈal
• D-Lib Magazine, a single site with monthly stories, commentary, and briefings and a collection of resources for digital library research.
• Fordham Intellectual Property, Media & Entertainment Law Journal
• Harvard Journal of Law & Technology
• High Technology Law Journal - University of California. at Berkeley
• The Intellectual Property Bulletin information about Franklin Pierce Law Center
• Intellectual Property Magazine by The Recorder, a daily legal newspaper in San Francisco
• Intellectual Property News from Law Journal EXTRA!
• Journal of Law & Information Science
• Ladas & Parry Newsletters - Online newsletters from the law firm of Ladas & Parry describing international and domestic developments in intellectual property law.
• LegaLink Technology Law Newsletter
• Media Law News from Law Journal EXTRA!
• Michigan Telecom & Technology Law Review
• Net Watchers Magazine - online magazine about the law, technology and the Internet.
• Oppedahl & Larson News - An online newsletter concerning developments in patent, copyright, and trademark law.
• RAND Journal of Economics
• Richmond Journal of Law and Technology
• Rutgers Computer & Technology Law Journal
• Villanova Information Law Chronicle

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