Cases and Controversies Current issues in intellectual property

Cases and Controversies: Current issues in intellectual property law for libraries and librarians Anne Gilliland, MLS, JD Health Sciences Copyright Management Office copyright@osumc. edu http: //go. osu. edu/copyright This presentation is not legal advice, nor is the CMO legal counsel to the university or any members of the university community

A Little Bit About Me Photo by Eric Conrad n n n Background in technical services & systems 15 years at Ohio. LINK Went to law school in mid-life Hosted by ALCTS The Association for Library Collections and Technical Services

Why IP Issues Matter to Libraries n n n Operate within the exceptions of copyright law Content dissemination and production Libraries are interested bystanders and sometimes defendants Hosted by ALCTS The Association for Library Collections and Technical Services

A Role for Library Associations Library Copyright Alliance n Amicus Briefs n Even if Reasonable People Disagree… n

First, A Poll For You…

Some Current Cases and Controversies Bain News Service, http: //hdl. loc. gov/loc. pnp/ggbain. 12766 ¨ ¨ ¨ ¨ Georgia State Litigation UCLA Litigation Golan v. Holder Pre-1972 Sound Recordings Google Book Search Statement on Copyright Reform Costco v. Omega Fair Use Best Practices

Cambridge v. Patton (Georgia State) Litigation Photo courtesy of total. Aldo Gonzalez http: //www. flickr. com/photos/totalaldo/811180047/ n n n Electronic Reserves at Georgia State Definitions ¨ Sovereign Immunity ¨ Injunction Three years of pre-trial activity

Georgia State: The Saga Continues Photo courtesy of Michael Jessen http: //www. flickr. com/photos/michaeljessen/3412084873/ n n n Trial began May 16 The Copyright Clearance Center’s role Publishers are asking for: Extreme brevity ¨ Very great oversight ¨ Stringent limits on re-use across classes ¨

Worst Case Scenario Image by voxphoto http: //www. flickr. com/photos/vox/4003874628/in/photostream/ Attribution-Non. Commercial-No. Derivs 2. 0 Generic (CC BY-NC-ND 2. 0) Hosted by ALCTS The Association for Library Collections and Technical Services

UCLA Streaming Video Litigation Hosted by ALCTS The Association for Library Collections and Technical Services

Golan v. Holder Hosted by ALCTS The Association for Library Collections and Technical Services

Implications for Libraries Hosted by ALCTS The Association for Library Collections and Technical Services

Questions?

Pre-1972 Sound Recordings Not covered by Federal copyright law n Hard to clear rights for digitization n Hosted by ALCTS The Association for Library Collections and Technical Services

Google Book Search Litigation Photo courtesy of manfrys, Antonio Manfredonio, http: //www. flickr. com/photos/manfrys/2226178289/ How it Began—in 2004 n Definitions n ¨ Class action ¨ Orphan works ¨ Injunction n Settlement Rejected in March

Whither Google Book Search Litigation? Status conference June 1 n Parties’ alternatives n Calls for Copyright Reform n

Copyright Reform: Is the Time Right? Legal Scholars n ARL’s Statement n Some Basic Features: n Hosted by ALCTS The Association for Library Collections and Technical Services

Costco v. Omega Image courtesy of C. B. Castro, Christina B. Castro, http: //www. flickr. com/photos/cbcastro/294210692/ First Sale Doctrine n Lawsuit Proceeds to the Supreme Court n Amicus Brief from Library Copyright Alliance n

Costco v. Omega: Implications for Libraries Hosted by ALCTS The Association for Library Collections and Technical Services

Best Practices in Fair Use for Academic & Research Libraries Image courtesy of Steve Rhodes http: //www. flickr. com/photos/ari/173696571/ n n ARL & American University The Best Practices Model A Multi-Year Process ¨ April 2010 -March 2013 Resource: ARL’s Page on the project: http: //www. arl. org/pp/ppco pyright/codefairuse/index. s html

What Happens Next at the Copyright Office? I mage from http: //www. copyright. gov/about. html n Register of Copyrights Has Retired

Questions?

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Hosted by ALCTS The Association for Library Collections and Technical Services