Posted by: ksmith
March 20, 2009 @ 11:10am
I am not aware of any legal precedent here, but I can say one thing about the law and assert one opinion.
The law, of course, is that the forum members who write posts retain copyright in those posts, unless there is a contractual... Read more...
Replies: 1Posted by: ksmith
March 18, 2009 @ 1:30pm
Remember that copyright protection is automatic. It is not necessary to register to get copyright protection, although it is necessary if you need to defend your copyright in court. So registration of a second edition would be necessary if you wanted to... Read more...
Replies: 1Posted by: williamsonl
March 9, 2009 @ 10:49am
Yes, I believe this would be legal. Whether you are scanning the books or downloading from the Internet it should be fair.
Replies: 1Posted by: williamsonl
March 6, 2009 @ 10:42am
I'm not familiar with Dial A Story, but making an audio recording of a book is most likely infringing on the author's right to control derivative works. Circulating the tapes or putting them on YouTube just exacerbates the violation.
Replies: 1Posted by: ksmith
February 27, 2009 @ 6:15am
If the statement about not using anything is just that -- a mere statement in the front of the book -- it does not have any effect on the rights under copyright. So fair use would still be available. There was a Supreme Court decision back around 1908... Read more...
Replies: 1Posted by: RuthDukelow
February 25, 2009 @ 11:53am
There are a lot of issues here. The questions relating to the agreement between the society and the individuals (and perhaps the granting agencies) seem to me to be a matter of contract law and not copyright law (so outside of the scope of this Forum). ... Read more...
Replies: 2Posted by: dan
February 23, 2009 @ 4:41pm
These are definitely protected by copyright. Making copies for face-to-face instruction can be justified as fair use in a non-profit educational setting. Once you start charging, you should think about what you are charging for. If charges are for copying... Read more...
Replies: 4Posted by: dan
February 23, 2009 @ 2:56pm
Wouldn't the comparable market be for a streamed version rather than a substitute technology? There might be copies available in a wide variety of technologies. But if I can't get one in a mode that meets my educational need, it isn't useful to me. So... Read more...
Replies: 3Posted by: ksmith
February 20, 2009 @ 6:52am
There is nothing illegal here. It is perfectly acceptable to override the ordinary provisions of the copyright law by contract between private parties. As long as parties will agree to give up the right of first sale in order to gain access to the... Read more...
Replies: 1Posted by: williamsonl
February 18, 2009 @ 5:06pm
Do you have an upper limit as to how much you will pay for permissions before you deny the request?
Can you share that limit?
We have a limit of $100 per item and $250 per class. I do exceed this limit at times, but I personally feel that... Read more...
Replies: 1Posted by: COvalle
February 18, 2009 @ 9:10am
This is something of a difficult question, because e-reserves policies are generally based on fair use and vary wildly. Currently, I don't know of a consensus practice on this issue. It's dependent on how comfortable your institution is with fair use.
Replies: 3Posted by: COvalle
February 18, 2009 @ 9:08am
We can't give legal advice about a specific situation.
Looking at your issue, you don't lose copyright protection by registering. Once your program is out there, people can attempt to use ideas you've had (because ideas are not protected... Read more...
Replies: 2Posted by: COvalle
February 18, 2009 @ 9:02am
We can't give you specific legal advice about a particular situation.
In my opinion, I think that he's got a decent fair use argument. He's doing it for educational, non commercial purposes and he's not competing with existing products....
Replies: 1Posted by: JanetCroft
February 17, 2009 @ 1:26pm
Looks like it was written in 1953, so it will still be under copyright. You'll need to contact the copyright holders before undertaking this project.
Replies: 1Posted by: JanetCroft
February 17, 2009 @ 1:20pm
The question's a bit vague, but it sounds like what you want to do is make this item from a book available for a certain class to use. Provided you use library reserves or course-ware to limit access to that class for that semester, it sounds like it fits... Read more...
Replies: 1Posted by: COvalle
February 11, 2009 @ 10:35pm
Does the public performance right apply to something that wasn't initially fixed?
Replies: 7Posted by: JanetCroft
February 11, 2009 @ 1:22pm
That sounds reasonable to me, but it's more of a trademark question than a copyright question.
Replies: 1Posted by: JanetCroft
February 11, 2009 @ 1:18pm
Not really, but on the other hand, it's no different from the student borrowing a book and photocopying part of it. More importantly, the library is NOT responsible for anything the STUDENT does with the item they borrow, so it doesn't really matter!
Replies: 2Posted by: ksmith
January 31, 2009 @ 12:04pm
Remember that the section 109 "first sale" right is an exception to the display right, not the reproduction right. An ELMO, as I recall, does not make a copy of the object being projected, so 109 applies nicely. But scanning into PowerPoint does require... Read more...
Replies: 4Posted by: ksmith
January 30, 2009 @ 12:07pm
Simply providing the links that students can put into a browser and follow if they choose to creates no copyright problem at all. All that is happening here is that the websites are being used as they were intended to be used by their owners. There is... Read more...
Replies: 1Posted by: ksmith
January 30, 2009 @ 11:59am
You must be kidding! This is exactly the situation publishers like to use to suggest that the same strict rule about permissions that apply to coursepacks should also apply to electronic reserves. Frankly, I would try never to allow this situation to... Read more...
Replies: 1Posted by: ksmith
January 30, 2009 @ 11:40am
Let me call your attention to section 109(c) of the copyright act, which is a portion of the so-called first sale exceptions to the exclusive rights:
"Notwithstanding the provisions of section 106(5) [the exclusive right of public... Read more...
Replies: 1Posted by: ksmith
January 27, 2009 @ 4:12am
Perhaps I am misreading this rather cryptic question, but I think lmclaugh is asking if these interlibrary loan transactions should count against the "rule of five" suggested in the CONTU guidelines for ILL. Here, students borrowed material from within a... Read more...
Replies: 4Posted by: Freya Anderson
January 26, 2009 @ 5:42pm
You can find an answer that I think would be helpful on this forum at http://librarycopyright.net/wordpress/punbb/viewtopic.php?id=95.
Replies: 2Posted by: JanetCroft
January 22, 2009 @ 12:24pm
Yes, I would say it is -- the first time. For subsequent semesters, your institution should have a policy in place.
Replies: 1