[Bcma-l] Researching Copyright Answers
bcma-l@museumsassn.bc.ca
bcma-l@museumsassn.bc.ca
Thu, 12 Jul 2007 16:01:59 -0700
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Careful! Canada does not have the same fair use policy as the US. Much =
of this material and these links do not fit or apply to Canadian =
law.context. =20
There is an inexpensive guide book available from the National Archives =
of Canada that we used with public history students but note the =
copyright on the last edition I'd seen was in the previous century. The =
book is Wanda No=EBl. Staff Guide to Copyright: National Archives of =
Canada. National Archives of Canada 1999. They produced it to help =
their staff. Lorne Hammond RBCM
________________________________
From: bcma-l-admin@museumsassn.bc.ca =
[mailto:bcma-l-admin@museumsassn.bc.ca]=20
Sent: Thursday, July 12, 2007 10:59 AM
To: BCMA
Subject: [Bcma-l] Researching Copyright Answers
[Cross-posted please excuse duplication]
Lesley Ellen Harris has asked me to share her article on finding answers =
to copyright questions. It is set out below. Hope it's helpful!
Sincerely,
Amritha
amritha@copyrightlaws.com
=20
=20
Researching Copyright Answers
=20
We never stop investigating. We are never satisfied that we know enough =
to get by. Every question we answer leads on to another question. This =
has become the greatest survival trick of our species.
=20
Desmond Morris, British anthropologist, The Naked Ape, ch. 5 (1967)
=20
Most of us have more copyright questions than answers. And similar to =
British anthropologist Desmond Morris, each question often leads to yet =
another question. Even answers about copyright law seem to lead to =
other questions about copyright. So how do you go about the duties of =
your daily tasks when a question inevitably arises about the =
interpretation of a license agreement, what percent of a work may be =
used without permission, and, who owns a report prepared by a consultant =
(whether you hired that consultant, or you are that consultant!)?=20
=20
Part of copyright management is dealing with the multitude of questions =
without constant delays in work and large attorney bills. It means =
having a mechanism in place for dealing with repetitive copyright =
situations. Even those in enterprises with in-house attorneys may not =
obtain speedy responses and may require such mechanisms. Individuals =
and those who works in enterprises without in-house counsel often become =
adept at dealing with daily copyright questions. This article sets out =
various suggestions of incorporating a mechanism for dealing with =
repetitive copyright situations.
=20
Be Proactive
=20
Having a written copyright policy is a great way mechanism for keeping =
track of copyright issues. Even if you are a very small enterprise, =
having a document that sets out a consistent approach to copyright (or a =
summary of how you dealt with past copyright situations) will get you =
into the "proactive" category. Keeping your policy updated to reflect =
any amendments in the copyright law, new court decisions, and the =
application of copyright law to new technology is also important. =
Keeping summaries of how you have dealt with digital rights uses, =
permissions issues, and other ongoing copyright situations, will provide =
some consistency in your workplace, and also some confidence in dealing =
with re-occurring situations.=20
=20
One of the most useful parts of your written policy could be a section =
with questions and answers to basic and re-occurring questions on =
copyright law. For instance, are you covered by any exceptions to =
copyright law? (Libraries and educational institutions often are =
subject to certain exceptions.) Do you have a license with a copyright =
collective (such as the Copyright Clearance Center or Access Copyright) =
which allows for multiple copying of a periodical article in specified =
circumstances? How do you obtain the right to use an image you find on =
a Web site? By listing questions as they arise, and providing practical =
solutions, you will develop a consistent approach to handling copyright =
issues in your enterprise.
=20
Vetted Bibliography
=20
Another helpful thing to do is to have a vetted bibliography on =
copyright law which you refer your colleagues to for general reading and =
for on-going education on copyright. Keep the list short and only =
provide a list of those sources you have personally vetted and find easy =
to navigate (if online), and/or read and comprehend. This way, you or =
your colleagues are not on a "wild goose chase" finding copyright =
information, but rather have some reliable resources at their fingertip. =
=20
A favorite Web site on copyright issues in general, which has some =
interactive portions is www.benedict.com <http://www.benedict.com/> . =
An information-packed site on digital licensing is at: =
www.library.yale.edu/~llicense/index.shtml =
<http://www.library.yale.edu/%7Ellicense/index.shtml> . You may also =
join the discussion list serv at Liblicense, which is an excellent =
source for keeping up to date on licensing issues, and also a forum in =
which you may ask your licensing questions and share information with =
colleagues around the world. Understanding the complexities of fair use =
is never an easy task, and one very good resource for this purpose is =
the Copyright & Fair Use site at: fairuse.stanford.edu/ =
<http://fairuse.stanford.edu/> .=20
=20
This list is just a beginning. Take a look at these Web sites and =
search for your own sites, see what works for your enterprise, your =
colleagues and the types of copyright issues that arise in your daily =
work. Also, research print books that are relatively current and deal =
with copyright issues specific to your workplace. There are many =
copyright-related books so visit a library, do an online search, and get =
recommendations from others about their favorite resources.
=20
Do you belong to a professional association in your field? Many =
professional associations, including those for creators of all sorts, =
publishers, museums, archives, educational institutions and libraries, =
have extensive copyright resources, specific to your needs. If your =
association does not offer such resources, recommend that they develop a =
Web page devoted to copyright issues relevant to its members.
=20
Other up-to-date resources may be materials from conferences, seminars =
and the ever-growing online seminars on copyright and licensing. You =
may even hire a copyright lawyer to visit your enterprise and give an =
in-house seminar customized to your needs. Another idea is to hire a =
non-lawyer such as a licensing specialist, to have an informal talk with =
employees in your enterprise - a non-lawyer can often provide practical =
advice and may be less intimidating to those in your enterprise.=20
=20
International Copyright
=20
In accumulating your resources, keep in mind that copyright laws vary =
from country to country and there is no international copyright law. =
For specific copyright issues, ensure that you are using resources from =
your own country. However, for understanding the bigger picture, =
history and philosophy of copyright law, visiting the World Intellectual =
Property Organisation ("WIPO", www.wipo.org <http://www.wipo.org/> ) and =
reviewing copyright resources from other countries, can provide you with =
some interesting information. Also, your national copyright office =
likely has some valuable copyright publications to help educate you on =
copyright issues specific to your own country.
=20
On-Going Education
=20
The general press reports many copyright issues, especially ones =
relating to peer-to-peer sharing, Google activities, and other high =
profile cases. Try putting aside a couple hours once a month to search =
the Internet for new articles on copyright. In addition, join some news =
services that email you copyright news headlines.
=20
Attend sessions at conferences that deal with copyright, or specific =
copyright seminars offered by various associations and companies. The =
University of Texas crash course in copyright (which is free) is highly =
recommended. See: =
www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htm =
<http://www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htm> . =
Various online courses on copyright, licensing and managing content are =
offered by Copyrightlaws.com <http://copyrightlaws.com/> .
=20
Changes in Copyright Law
=20
Copyright statutes in all countries are amended from time-to-time and =
court cases change how we interpret those statutes, and apply the =
statutes to new and often digital media. Keeping abreast of new =
developments is key to finding appropriate answers to your copyright =
questions. With copyright a higher profile issue now, often reading =
general newspapers will lead you to copyright news. However, you can =
also regularly search various news sites for copyright updates, and =
register to receive updates and alerts on copyright news.=20
=20
Carving a Niche
=20
How do you, amongst your other busy work duties, have time to do all of =
the above? Make a case to your senior management for a full or =
part-time position as a Copyright Officer (or whatever name it is =
called). Copyright issues, and the application of copyright law, =
management of copyright issues and digital content, negotiating and =
interpreting license agreements, has grown tremendously in the past =
decade or more. Copyright is a serious and complex issue that requires =
attention and time. A Copyright Officer who can "manage" copyright =
issues in your enterprise (note: not provide legal advice), may be able =
to save you money at your lawyer's office by your enterprise already =
having practical information on re-occurring copyright questions, and as =
a way of avoiding copyright infringements.
=20
Conclusions
=20
Copyright law is not straight-forward and there are many gray areas, =
including the interpretation of fair use/dealing. It is impossible to =
have answers to all of your copyright questions but guidance in finding =
answers and appropriate reference materials can lead you to practical =
advice. Keep a record of questions and answers that arise in your =
enterprise and if possible, at least occasionally consult a lawyer to =
review the questions (which you then incorporate into your written =
Copyright Policy.)
=20
As a bottom line and best way to learn more about copyright law: keep =
asking questions!
=20
=20
To be published in The Copyright & New Media Law Newsletter, 2007, Issue =
2. (http://copyrightlaws.com <http://copyrightlaws.com/> )
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<META http-equiv=3DContent-Type content=3D"text/html; =
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<DIV dir=3Dltr align=3Dleft><SPAN class=3D054055622-12072007><FONT =
face=3DArial=20
color=3D#0000ff size=3D2>Careful! Canada does not have the same =
fair use=20
policy as the US. Much of this material and these links do =
not fit or=20
apply to Canadian law.context. </FONT></SPAN></DIV>
<DIV dir=3Dltr align=3Dleft><SPAN class=3D054055622-12072007><FONT =
face=3DArial=20
color=3D#0000ff><FONT size=3D2>There is an inexpensive guide=20
book available from the National Archives of Canada that we used =
with=20
public history students but note the copyright on the last edition I'd =
seen was=20
in the previous century. <FONT color=3D#000000>The book is <SPAN =
lang=3DEN-GB=20
style=3D"FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: =
10.0pt; mso-fareast-font-family: 'Times New Roman'; =
mso-bidi-font-family: 'Times New Roman'; mso-ansi-language: EN-GB; =
mso-fareast-language: EN-US; mso-bidi-language: AR-SA">Wanda=20
No</SPAN><SPAN lang=3DEN-GB=20
style=3D"FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: =
10.0pt; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: =
EN-GB; mso-fareast-language: EN-US; mso-bidi-language: =
AR-SA">=EB</SPAN><SPAN=20
lang=3DEN-GB=20
style=3D"FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: =
10.0pt; mso-fareast-font-family: 'Times New Roman'; =
mso-bidi-font-family: 'Times New Roman'; mso-ansi-language: EN-GB; =
mso-fareast-language: EN-US; mso-bidi-language: AR-SA">l.<SPAN=20
style=3D"mso-spacerun: yes"> </SPAN><U>Staff Guide to =
Copyright:<SPAN=20
style=3D"mso-spacerun: yes"> </SPAN>National Archives of =
<?xml:namespace=20
prefix =3D st1 ns =3D "urn:schemas-microsoft-com:office:smarttags"=20
/><st1:country-region w:st=3D"on"><st1:place=20
w:st=3D"on">Canada</st1:place></st1:country-region></U>.<SPAN=20
style=3D"mso-spacerun: yes"> </SPAN>National Archives of =
<st1:country-region=20
w:st=3D"on"><st1:place =
w:st=3D"on">Canada</st1:place></st1:country-region>=20
1999. They produced it to help their staff. Lorne Hammond=20
RBCM</SPAN></FONT></FONT></FONT></SPAN></DIV><BR>
<DIV class=3DOutlookMessageHeader lang=3Den-us dir=3Dltr align=3Dleft>
<HR tabIndex=3D-1>
<FONT face=3DTahoma size=3D2><B>From:</B> bcma-l-admin@museumsassn.bc.ca =
[mailto:bcma-l-admin@museumsassn.bc.ca] <BR><B>Sent:</B> Thursday, July =
12, 2007=20
10:59 AM<BR><B>To:</B> BCMA<BR><B>Subject:</B> [Bcma-l] Researching =
Copyright=20
Answers<BR></FONT><BR></DIV>
<DIV></DIV>
<DIV style=3D"MARGIN: 0px">[Cross-posted please excuse =
duplication]</DIV>
<DIV style=3D"MARGIN: 0px">Lesley Ellen Harris has asked me to share her =
article=20
on finding answers to copyright questions. It is set out =
below. Hope=20
it's helpful!</DIV>
<DIV style=3D"MIN-HEIGHT: 14px; MARGIN: 0px; FONT: 12px Helvetica"><FONT =
face=3DArial color=3D#0000ff size=3D2></FONT><FONT face=3DArial =
color=3D#0000ff=20
size=3D2></FONT><BR></DIV>
<DIV style=3D"MARGIN: 0px">Sincerely,</DIV>
<DIV style=3D"MIN-HEIGHT: 14px; MARGIN: 0px; FONT: 12px Helvetica"><FONT =
face=3DArial color=3D#0000ff size=3D2></FONT><FONT face=3DArial =
color=3D#0000ff=20
size=3D2></FONT><BR></DIV>
<DIV style=3D"MARGIN: 0px">Amritha</DIV>
<DIV style=3D"MARGIN: 0px"><A=20
href=3D"mailto:amritha@copyrightlaws.com">amritha@copyrightlaws.com</A></=
DIV>
<P style=3D"MARGIN: 0px"><FONT face=3DArial color=3D#0000ff =
size=3D2></FONT> </P>
<P style=3D"MARGIN: 0px"><FONT face=3DArial color=3D#0000ff =
size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: center"><B>Researching Copyright=20
Answers</B></DIV>
<P style=3D"MARGIN: 0px"><FONT face=3DArial color=3D#0000ff =
size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px"><I>We never stop investigating. We are =
never=20
satisfied that we know enough to get by. Every question we answer =
leads on=20
to another question. This has become the greatest survival trick =
of our=20
species.</I></DIV>
<P style=3D"MARGIN: 0px"><FONT face=3DArial color=3D#0000ff =
size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px">Desmond Morris, British anthropologist, The =
Naked Ape,=20
ch. 5 (1967)</DIV>
<P style=3D"MARGIN: 0px"><FONT face=3DArial color=3D#0000ff =
size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Most of us have more =
copyright=20
questions than answers. And similar to British anthropologist =
Desmond=20
Morris, each question often leads to yet another question. Even =
answers=20
about copyright law seem to lead to other questions about =
copyright. So=20
how do you go about the duties of your daily tasks when a question =
inevitably=20
arises about the interpretation of a license agreement, what percent of =
a work=20
may be used without permission, and, who owns a report prepared by a =
consultant=20
(whether you hired that consultant, or you are that =
consultant!)? </DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Part of copyright =
management is=20
dealing with the multitude of questions without constant delays in work =
and=20
large attorney bills. It means having a mechanism in place for =
dealing=20
with repetitive copyright situations. Even those in enterprises =
with=20
in-house attorneys may not obtain speedy responses and may require such=20
mechanisms. Individuals and those who works in enterprises without =
in-house counsel often become adept at dealing with daily copyright=20
questions. This article sets out various suggestions of =
incorporating a=20
mechanism for dealing with repetitive copyright situations.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><B>Be =
Proactive</B></DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Having a written =
copyright policy=20
is a great way mechanism for keeping track of copyright issues. =
Even if=20
you are a very small enterprise, having a document that sets out a =
consistent=20
approach to copyright (or a summary of how you dealt with past copyright =
situations) will get you into the "proactive" category. Keeping =
your=20
policy updated to reflect any amendments in the copyright law, new court =
decisions, and the application of copyright law to new technology is =
also=20
important. Keeping summaries of how you have dealt with digital =
rights=20
uses, permissions issues, and other ongoing copyright situations, will =
provide=20
some consistency in your workplace, and also some confidence in dealing =
with=20
re-occurring situations. </DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">One of the most useful =
parts of=20
your written policy could be a section with questions and answers to =
basic and=20
re-occurring questions on copyright law. For instance, are you =
covered by=20
any exceptions to copyright law? (Libraries and educational =
institutions=20
often are subject to certain exceptions.) Do you have a license =
with a=20
copyright collective (such as the Copyright Clearance Center or Access=20
Copyright) which allows for multiple copying of a periodical article in=20
specified circumstances? How do you obtain the right to use an =
image you=20
find on a Web site? By listing questions as they arise, and =
providing=20
practical solutions, you will develop a consistent approach to handling=20
copyright issues in your enterprise.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><B>Vetted =
Bibliography</B></DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Another helpful thing to =
do is to=20
have a vetted bibliography on copyright law which you refer your =
colleagues to=20
for general reading and for on-going education on copyright. Keep =
the list=20
short and only provide a list of those sources you have personally =
vetted and=20
find easy to navigate (if online), and/or read and comprehend. =
This way,=20
you or your colleagues are not on a "wild goose chase" finding copyright =
information, but rather have some reliable resources at their=20
fingertip. </DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">A favorite Web site on =
copyright=20
issues in general, which has some interactive portions is <A=20
href=3D"http://www.benedict.com/"><FONT class=3DApple-style-span=20
color=3D#0000e9>www.benedict.com</FONT></A>. An information-packed =
site on=20
digital licensing is at: <A=20
href=3D"http://www.library.yale.edu/%7Ellicense/index.shtml"><FONT=20
class=3DApple-style-span=20
color=3D#0000e9>www.library.yale.edu/~llicense/index.shtml</FONT></A>.&nb=
sp; You=20
may also join the discussion list serv at Liblicense, which is an =
excellent=20
source for keeping up to date on licensing issues, and also a forum in =
which you=20
may ask your licensing questions and share information with colleagues =
around=20
the world. Understanding the complexities of fair use is never an =
easy=20
task, and one very good resource for this purpose is the Copyright & =
Fair=20
Use site at: <A href=3D"http://fairuse.stanford.edu/"><FONT=20
class=3DApple-style-span=20
color=3D#0000e9>fairuse.stanford.edu/</FONT></A>. </DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">This list is just a=20
beginning. Take a look at these Web sites and search for your own =
sites,=20
see what works for your enterprise, your colleagues and the types of =
copyright=20
issues that arise in your daily work. Also, research print books =
that are=20
relatively current and deal with copyright issues specific to your=20
workplace. There are many copyright-related books so visit a =
library, do=20
an online search, and get recommendations from others about their =
favorite=20
resources.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Do you belong to a =
professional=20
association in your field? Many professional associations, =
including those=20
for creators of all sorts, publishers, museums, archives, educational=20
institutions and libraries, have extensive copyright resources, specific =
to your=20
needs. If your association does not offer such resources, =
recommend that=20
they develop a Web page devoted to copyright issues relevant to its=20
members.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Other up-to-date =
resources may be=20
materials from conferences, seminars and the ever-growing online =
seminars on=20
copyright and licensing. You may even hire a copyright lawyer to =
visit=20
your enterprise and give an in-house seminar customized to your =
needs. =20
Another idea is to hire a non-lawyer such as a licensing specialist, to =
have an=20
informal talk with employees in your enterprise =96 a non-lawyer can =
often provide=20
practical advice and may be less intimidating to those in your=20
enterprise. </DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><B>International=20
Copyright</B></DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">In accumulating your =
resources,=20
keep in mind that copyright laws vary from country to country and there =
is no=20
international copyright law. For specific copyright issues, ensure =
that=20
you are using resources from your own country. However, for =
understanding=20
the bigger picture, history and philosophy of copyright law, visiting =
the World=20
Intellectual Property Organisation ("WIPO", <A =
href=3D"http://www.wipo.org/"><FONT=20
class=3DApple-style-span color=3D#0000e9>www.wipo.org</FONT></A>) and =
reviewing=20
copyright resources from other countries, can provide you with some =
interesting=20
information. Also, your national copyright office likely has some =
valuable=20
copyright publications to help educate you on copyright issues specific =
to your=20
own country.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify><FONT =
face=3DArial=20
color=3D#0000ff size=3D2></FONT> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><B>On-Going =
Education</B></DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">The general press =
reports many=20
copyright issues, especially ones relating to peer-to-peer sharing,=20
<I>Google</I> activities, and other high profile cases. Try =
putting aside=20
a couple hours once a month to search the Internet for new articles on=20
copyright. In addition, join some news services that email you =
copyright=20
news headlines.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Attend sessions at =
conferences=20
that deal with copyright, or specific copyright seminars offered by =
various=20
associations and companies. The University of Texas crash course =
in=20
copyright (which is free) is highly recommended. See: <A=20
href=3D"http://www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htm"><F=
ONT=20
class=3DApple-style-span=20
color=3D#0000e9>www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htm</F=
ONT></A>. =20
Various online courses on copyright, licensing and managing content are =
offered=20
by <A href=3D"http://copyrightlaws.com/"><FONT class=3DApple-style-span=20
color=3D#0000e9>Copyrightlaws.com</FONT></A>.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><B>Changes in Copyright=20
Law</B></DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Copyright statutes in =
all=20
countries are amended from time-to-time and court cases change how we =
interpret=20
those statutes, and apply the statutes to new and often digital =
media. =20
Keeping abreast of new developments is key to finding appropriate =
answers to=20
your copyright questions. With copyright a higher profile issue =
now, often=20
reading general newspapers will lead you to copyright news. =
However, you=20
can also regularly search various news sites for copyright updates, and =
register=20
to receive updates and alerts on copyright news. </DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><B>Carving a =
Niche</B></DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">How do you, amongst your =
other=20
busy work duties, have time to do all of the above? Make a case to =
your=20
senior management for a full or part-time position as a Copyright =
Officer (or=20
whatever name it is called). Copyright issues, and the application =
of=20
copyright law, management of copyright issues and digital content, =
negotiating=20
and interpreting license agreements, has grown tremendously in the past =
decade=20
or more. Copyright is a serious and complex issue that requires =
attention=20
and time. A Copyright Officer who can "manage" copyright issues in =
your=20
enterprise (note: not provide legal advice), may be able to save =
you money=20
at your lawyer's office by your enterprise already having practical =
information=20
on re-occurring copyright questions, and as a way of avoiding =
copyright=20
infringements.</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><B>Conclusions</B></DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">Copyright law is not=20
straight-forward and there are many gray areas, including the =
interpretation of=20
fair use/dealing. It is impossible to have answers to all of your=20
copyright questions but guidance in finding answers and appropriate =
reference=20
materials can lead you to practical advice. Keep a record of =
questions and=20
answers that arise in your enterprise and if possible, at least =
occasionally=20
consult a lawyer to review the questions (which you then incorporate =
into your=20
written Copyright Policy.)</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify">As a bottom line and =
best way to=20
learn more about copyright law: keep asking questions!</DIV>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<P style=3D"MARGIN: 0px; TEXT-ALIGN: justify" align=3Djustify> </P>
<DIV style=3D"MARGIN: 0px; TEXT-ALIGN: justify"><FONT =
class=3DApple-style-span=20
size=3D2><SPAN class=3DApple-style-span style=3D"FONT-SIZE: 10px">To be =
published in=20
The Copyright & New Media Law Newsletter, 2007, Issue 2. =20
(</SPAN></FONT><A href=3D"http://copyrightlaws.com/"><FONT =
class=3DApple-style-span=20
size=3D2><SPAN class=3DApple-style-span style=3D"FONT-SIZE: 10px"><FONT=20
class=3DApple-style-span=20
color=3D#0000e9>http://copyrightlaws.com</FONT></SPAN></FONT></A><FONT=20
class=3DApple-style-span size=3D2><SPAN class=3DApple-style-span=20
style=3D"FONT-SIZE: 10px">)</SPAN></FONT></DIV></BODY></HTML>
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