The Librarian's Copyright Companion/Index

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Table of Cases

The Librarian's Copyright Companion
James S. Heller, Paul Hellyer, and Benjamin J. Keele

3650198The Librarian's Copyright CompanionJames S. Heller, Paul Hellyer, and Benjamin J. Keele

Index

abstracts, 23–24
Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions, see Classroom Guidelines
American Association of University Professors (AAUP), 59
American Library Association (ALA)
Model Policy Concerning College and University Photocopying for Classroom Research and Library Reserve Use, 59–62, 165
archival copying, 49–50
articles, 47–51, 60–61, 83–89, 178–79
Association of American Law Schools (AALS), 59
Association of American Publishers (AAP), 4, 52, 55, 58, 85, 93
Association of Research Libraries (ARL), 73, 180
audiovisual works, 29–30, 151–70
see Guidelines for Off-Air Recording of Copyrighted Works for Educational Institutions taping
author addenda, 178–79
Authors League of America, 58, 93
Berne Convention, 15, 19–20, 75
broadcast programs, see Guidelines for Off-Air Recording of Copyrighted Works for Educational Institutions and taping
circumvention, see Digital Millennium Copyright Act (DMCA)
classroom copying, see educational uses
Classroom Guidelines, 57–60
collective licensing agencies, 149–50
collective works, see compilations and collective works
compilations and collective works, 13–16, 47
definition of, 13–14
facts, 15
Computer Software Rental Amendment Act of 1990, 26–28
computer software, 6
copying of, 111–12
lending of, 26–28, 115
warnings, 27–28, 115
Conference on Fair Uses (CONFU)
Fair Use Guidelines for Electronic Reserve Systems, 62–63
Constitution of the United States, 3, 39
contracts, see licensing agreements
contributory infringement, 35–37
CONTU Guidelines, 99–103
copying, see reproduction
copying, systematic, see systematic copying and distribution
Copyright Act of 1909, 3
Copyright Act of 1976, 3, 6, 16, 42, 125
legislative history, 4, 6, 10, 26, 42–43, 46, 57–58, 71–72, 78–79, 81, 87, 92–93, 96, 100, 102, 106
Copyright Clearance Center (CCC), xi–xii, 1, 4, 52, 55, 63–64, 86, 150
Copyright Office, see Register of Copyrights
copyright owner’s rights, 21–31
attribution and integrity, 31–32
derivative works, right to create, 23–24
distribution, 24–29
public display, 29–30

public performance, 29–30, 156–59
reproduction, 22–23
transmission, 30–31
copyright,
definition of, 2
duration of, 16–18
notice of, 7–9, 75–77
originality, 5, 13
purpose, 4
copyrightable works, 5–7
fixation, 6
idea/expression dichotomy, 5
originality, 5
copyshops, 53–55
coursepacks, 53–55, 58–59, 63–64
Creative Commons, see open licenses
damaged or deteriorating work, see library exemption
damages, 33–35
databases, 112–13, 183
protection of, 15, 113–14
derivative works, 23–24
designated agent, 120
deteriorating works
replacement of, 80–82
digital information, 22, 77, 107–24
Digital Millennium Copyright Act (DMCA), 117–24
caching, 119
circumvention, 122–23
copyright management information, 124
educational institutions, 121–23
linking, 121
notice and takedown, 120–21
transitory communications, 118–19
digital sound recording transmission, 30–31
digital video recorders, 152
distance education, 168–70
distribution, 24–29
document delivery, 73–74, 83–89
see also interlibrary loan
document delivery guidelines, 88–89
downloading, 34, 113
e-books, 28–29, 123
e-mail, 22, 108–09
educational uses, 56–67
damages, remission of, see damages, 34
electronic reserve, see reserves, electronic
equipment, 36–37, 91–92
European Union, 15
face-to-face teaching, 163–66
facts, 15–16
fair use, 41–68
factors, 43–47, 49–52
see also library exemption, relationship to fair use
films, see motion pictures
first sale doctrine, 24–30, 115–17
fixation, 6
for-profit institutions, 49–56
foreign authors, 19–20
government immunity, 38–39
governmental works, 9–13, 113
state government works, 11–13
graphic works, see non-print works
Guidelines for Classroom Copying in Not-for-Profit Educational Institutions, see Classroom Guidelines
Guidelines for Off-Air Recording of Copyrighted Works for Educational Use, 152–56
Guidelines for the Proviso of Subsection 108(g)(2)
see also CONTU Guidelines
ideas, 5–6, 23
infringement, see liability and copyright owners’ rights
innocent infringer, 7, 34
interlibrary loan, 73, 83–89, 103
international agreements, 19–20
International Association of Scientific, Technical & Medical Publishers (STM), 85
liability, 33–37, 166–67
limitation of, 37–39
vicarious, 35–37
library exemption, 34, 69–106
articles or excerpts, 83–89
audiovisual works, 155–56
commercial advantage, 71–75, 77

damaged or deteriorating work, replacement of, 80–82
fair use, relationship to, 69, 92–93, 106
lost or stolen work(s), 80–82
qualifying for, 70–75, 77
library reserve, see reserves, library
licensing agreements, 20, 93, 112, 125–50, 182–83
Licensingmodels.com, 135
linking, 22, 121
Marx Brothers, 185
Model Policy Concerning College and University Photocopying for Classroom Research and Library Reserve Use, 59–62
moral rights, 20, 31–32
motion pictures, 5, 29–30, 150
streaming and rental, 161
musical works, 5, 26–28, 149–50
National Commission on New Technological Uses of Copyrighted Work (CONTU), see CONTU Guidelines
newsletters, 47–49, 53
non-print works, 5–7, 105–06, 170–71
sculptural work, 5
notice of copyright, 7–9, 19, 75–77
off-air taping, see Guidelines for Off-Air Recording of Copyrighted Works for Educational Use
open licenses, 181–82
originality, 5, 13
orphan works, 175–77
out-of-print works, see unpublished or out-of-print works
parody, 44–45
patents, 2
Patriot Act, 103
performances and displays, 116–17, 179–80
educational purposes, for, 163–66, 168–70
for-profit institutions, 166
guidelines, 167
in libraries, 159–61
licenses for, 159
section 110 exemptions, 162–66, 168–70
periodicals, 47–53, 81, 97–102
permission to copy, 67–68, 149–50, 174–80
perpetual access, 107–08
photographs, 13, 150, 170–71, 176
pictorial works, 5, 179–80
public domain works, 9–13
public performances, see performances and displays
published works
lost, stolen, damaged, or deteriorating copies, 80–82
publishing, library, 173–74, 182–83
Record Rental Amendment Act of 1984, 26–27
Register of Copyrights, 17, 69, 79, 93, 176, 177
related or concerted copying or distribution, 94–95
remedies, 33–35
repositories, institutional, 173, 178
reproduction, 22–23, 46–56
reserves, library, 60–62
reserves, electronic, 61–67
rights of copyright owners, see copyright owners’ rights
routing, 47–53
sculptural work, see non-print work
Section 108 Study Group, xi, 69, 79
shrinkwrap license, 28, 110–11
single user license, 112
site license, 112
software, see computer software
sound recordings
lending of, 26–28
sovereign immunity, see government immunity
speeches, 7
state government works, see government works
statute of limitations, 25–26, 37–38
STM, see International Association of Scientific, Technical & Medical Publishers
stolen works, see library exemption, lost or stolen works

systematic copying or distribution, 85, 95–103, 153
taping, 151–56
Technology, Education, and Harmonization Act (TEACH Act), 168–70
term of copyright, see copyright, duration of
term extension, 16, 104
trademarks, 2
treaties, 19–20
UNESCO, 19
Uniform Computer Information Transactions Act (UCITA), 126
United States Copyright Office, see Register of Copyrights
Universal Copyright Convention (UCC), 19–20
unpublished or out-of-print work(s), 45–46, 78–80, 89–90, 178
videotapes, see audiovisual work
visual art, 32
Visual Artists Rights Act of 1990, 32
Visual Resources Association, 171
warning(s), 27–28, 37, 84, 91, 167
works made for hire, 16, 56, 180
World Intellectual Property Organization (WIPO), 19