This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
Copyright is meant to do something-several things-to accomplish socially desirable ends. One of those ends is to create a space for a free exchange of ideas that allows us to build upon a universe of expression that came before. How can I tell if something is in the public domain? This is the central question addressed daily by the Copyright Review Management System (CRMS) project. It is a special question and one essential to the social bargain that society has struck with authors and rights holders. It is also a deceptively simple question. There should be a straightforward answer, especially for books. It should be easy to know when something is-or is not-subject to copyright. And yet, in an age of absolute fluidity of media and medium, even plain old books can be highly complex embodiments of copyright. We need to make it easier to ascertain whether a work is in the public domain. If the rights of copyright holders are to be respected and valued as part of the social bargain, the public domain as a matter of copyright law should be ascertainable and enjoyed. Given this complexity, consider the determination of the copyright status of a given creative work as a design problem. How do we move the copyright status of works in the collections of our libraries, museums, and archives from confusion and uncertainty to clarity and opportunity? Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. The Toolkit is a resource that aims to allow others to understand and replicate the work done by CRMS.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
"This reference is a comprehensive collection of recent case studies, theories, research on digital rights management, and its place in the world today"--
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
In a world of users that routinely click “I Agree” buttons, librarians may be the lone voice raising an alert to the privacy, use, and ownership issues arising in connection with the design and implementation of digital rights management (DRM) technologies. DRM reflects the efforts of copyright owners to prevent the illegal distribution of copyrighted material – an admirable goal on its face. A common misunderstanding is that DRM is copyright law. It is not. Rather it is a method of preventing copyright infringement; however, if unchecked, DRM has the potential to violate privacy, limit ownership rights, and undermine the delicate balance of rights and policies established by our current system of copyright. All three of these arenas are critical for both librarians and their users. Reflecting the shift from ownership to access, libraries are increasingly providing access to rights-protected digital content. Libraries strive to provide access to rights-protected content in a manner that protects both the content creator and the privacy of the user. DRM encompasses a variety of technologies and strategies utilized by content owners and managers to limit access to and the use of rights-protected content. Librarians need to understand DRM to effectively enable users to access and use rights-protected digital content while at the same time protecting the privacy of the user. Designed to address the practical operational and planning issues related to DRM, this guide explores the critical issues and challenges faced by librarians. After reading it, librarians will better understand: the digital content rights protection scheme; the various DRM technologies and how they are used; how to use authentication and authorization standards, strategies, and technologies; and, the privacy and security issues related to DRM. Edited by two librarians who also hold law degrees, this is a best practices guide for front-line librarians on how to best respond to the impact of DRM schemes on collection development, staffing, budget, service, and other library concerns.
"This book highlights innovative technologies used for the design and implementation of advanced e-commerce systems facilitating digital rights management and protection"--Provided by publisher.
In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a "universal" copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization's role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today's fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.
The content industries consider Digital Rights Management (DRM) to contend with unauthorized downloading of copyrighted material, a practice that costs artists and distributors massively in lost revenue. Based on two conferences that brought together high-profile specialists in this area - scientists, lawyers, academics, and business practitioners - this book presents a broad, well-balanced, and objective approach that covers the entire DRM spectrum. Reflecting the interdisciplinary nature of the field, the book is structured using three different perspectives that cover the technical, legal, and business issues. This monograph-like anthology is the first consolidated book on this young topic.
This book constitutes the thoroughly refereed post-proceedings of the Second International Workshop on Digital Rights Management, DRM 2002, held in Washington, DC, USA, in November 2002, in conjunction with ACM CCS-9. The 13 revised full papers presented were carefully reviewed and selected for inclusion in the book. Among the topics addressed are DES implementation for DRM applications, cryptographic attacks, industrial challenges, public key broadcast encryption, fingerprinting, copy-prevention techniques, copyright limitations, content protection, watermarking systems, and theft-protected proprietary certificates.
