Showing posts with label Copyright Act. Show all posts
Showing posts with label Copyright Act. Show all posts

Wednesday, February 24, 2010

Issue Brief on Streaming of Films for Educational Purposes; ACRL Insider, 2/22/10

Kara Malenfant, ACRL Insider; Issue Brief on Streaming of Films for Educational Purposes:

"Last Friday, the Library Copyright Alliance (LCA) released an issue brief that reviews the legal status of streaming entire films to students located outside of physical classrooms. The discussion was prompted by recent news of a disagreement between the University of California, Los Angeles (UCLA) and a media equipment trade association over the streaming of films to students as part of an online courseware system. Innovations in secure streaming and online courseware systems hold significant promise for institutions serving faculty and students who demand increased access to institutional and library holdings. Many questions have been raised concerning the use of these technologies and copyright law, and the LCA issue brief aims to dispel some of the mystery and uncertainty that surround this issue, and to foster a balanced discussion.

The LCA issue brief explains characteristics that could increase the likelihood that a particular use will be allowed as well as the arguments that could lead a court to find in favor of educational uses. It also explains how these statutory provisions interact, and, most importantly, how the scope of fair use is affected by the other provisions in the Act.

The Copyright Act includes several provisions that allow users to copy, perform, distribute, or display works without permission from a rightsholder. The LCA issue brief surveys three provisions of the Copyright Act—Sections 107, 110(1), and 110(2)—that could arguably support streaming entire films. The strongest argument is grounded in Section 107—the fair use provision. Fair use is a flexible, evolving doctrine that is often helpful to scholarly and educational users and users of new technology. Section 110(1) and (2) specifically address the issue of educational use of films, but they are less flexible. Whether these provisions will allow for a particular use will depend on the details of the use as well as how a court chooses to interpret certain key parts of the Act. View the full issue brief online.

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The Library Copyright Alliance is a coalition of library associations made up of the Association of Research Libraries, the American Library Association, and the Association of College and Research Libraries. Read more about LCA."

http://www.acrl.ala.org/acrlinsider/2010/02/22/issue-brief-on-streaming-of-films-for-educational-purposes/

Saturday, July 4, 2009

Phone ringtones a "public performance"? EFF, AT&T say no; Ars Technica, 7/2/09

Matthew Lasar via Ars Technica; Phone ringtones a "public performance"? EFF, AT&T say no: ASCAP argues that ringtones are "public performances" of music under the Copyright Act and need to have a license. EFF, AT&T, Verizon and others tell a federal court that the idea is ridiculous; after all, you don't need a public performance license to drive around town in a convertible with the radio on:

"Needless to say, EFF et al's amicus filing calls ASCAP's arguments specious and dangerous, potentially making every consumer a copyright violator whenever they receive a mobile call on the street. Section 110(4) of the Copyright Act, EFF contends, makes it clear that a consumer does not engage in a public performance when, for example, she:

• Rolls down the window of her car while the stereo is playing;

• Sings "Happy Birthday" at a private gathering in a public park;
• Hums a tune while walking on a public sidewalk; or
• Listens to music on the radio while sitting on the beach.

"ASCAP has attempted to mollify consumers with press statements that its members would never pursue individuals for these everyday activities," EFF concludes. "But ASCAP's forbearance is hardly an adequate substitute for the absolute statutory privilege enjoyed by consumers pursuant to Section 110(4)." And even if cell phone users are never dinged for "public ringing," they'll surely pay higher prices for ringtones if ASCAP wins this case.

Similarly, CTIA takes issue with the public performance argument. "The playing of a ringtone does not involve a transmission," the trade group says, "is not at all akin to a public concert or dance, and is no more a public performance than the commonplace act of playing a CD in a car with the windows (or top) down."

So now it's up to the "rate court," aka the Southern District of New York, to sift through all these takes on "performance" and come up with a wireless fee policy for ringtones. In the meantime, savor the momentone of the few when you'll find AT&T and these public interest groups on the same legal page."

http://arstechnica.com/tech-policy/news/2009/07/telcos-and-reform-groups-slam-ascap-on-ringtone-grab.ars

Friday, October 3, 2008

Canadian election Copyright Pledge gains steam - Boing.Boing.net, 10/2/08

Canadian election Copyright Pledge gains steam:
"...The pledge again: Will you commit to a balanced approach to copyright reform that reflects the views of all Canadians by pledging:
1. To respect the rights of creators and consumers.
2. Not to support any copyright bill that undermines or weakens the Copyright Act’s users rights.
3. To fully consult with Canadians before introducing any copyright reform bill and to conduct inclusive, national hearings on any tabled bill."
http://www.boingboing.net/2008/10/02/canadian-election-co.html