Copyright, e-Licensing and The Future of Librarianship

1784 Words4 Pages
bulb-icon

Recommended: Copyright laws united states

There are several laws in place that involve copyright and libraries. These laws each affect public libraries and the resources they provide to community members in distinctive ways. The Digital Millennium Copyright Act (DMCA) was signed into law by President Bill Clinton on October 28, 1998. There are five titles included in the DMCA. Title one enacts the WIPO Treaties in the United States. Title two creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities. Title three provides an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair. Title four contains six miscellaneous provisions relating to the functions of the Copyright Office, distance education, the exemptions in the Copyright Act for libraries and for making ephemeral recordings, “webcasting” of sound recordings on the Internet, and the applicability of collective bargaining agreements obligations in the case of transfers of rights in motion pictures. Title five is the Vessel Hull Design Protection Act which is a new form of protection for the design of vessel hulls. (http://www.copyright.gov/legislation/dmca.pdf)
The six exemptions to section 1201 of the DMCA are described as follows. The first exemption is a nonprofit library, archive and educational institution exception that permits nonprofit libraries, archives, and educational institutions to circumvent solely for the purpose of making a good faith determination as to whether they wish to obtain authorized access to the work. The second exemption pertains to reverse engineering. This permits circumvention, by a person who has lawfully obtained a right to use a copy of a computer...

... middle of paper ...

...of the physical world, and off the shelves, into the digital realm, librarians need to do their part to ensure legislation is aligned with this new reality. If we do not, our profession may suffer first, but it will not be the last casualty of the copyright wars.” (p. 17)

Works Cited

http://www.copyright.gov/legislation/dmca.pdf http://www.copyright.gov/legislation/s505.pdf http://www.copyright.gov/fls/fl102.html
McDermott, A. J. (2012). Copyright: regulation out of line with our digital reality? Information technology and libraries. March 2012
Cross, W. M. (2012). Restoring the public library ethos: copyright, e-licensing, and the future of librarianship. Law Library journal, Vol. 104:2 195-
Butler, B. (2010). Challenges in employing fair use in academic and research libraries. Research Library Issues: A Bimonthly Report from ARL, CNI, AND SPARC. December 2010

Show More
Related

  • Features Of Copyright Laws That Affect Researching Information

    722 Words  | 2 Pages

    Many countries have adopted a fair usage policy within their copyright laws, ‘Fair dealing’ in United Kingdom law, ‘fair dealing’ in Canada and the ‘United States doctrine of fair use’ to name just a few. The purpose of these policies is to give exception to copyright infringement laws when information has been copied for the purposes of non-commercial research or study, or for the reporting of current events. A document published by the UK intellectual property office: ‘Exceptions to Copyright Law - Research’, states: “The law already permitted limited copying of some types of copyright material, such as books, for non-commercial research or genuine private study. The law has now changed so that all types of copyright works are covered.” The document explains that the amount being copied is limited by the legal application of “fair dealing” and copying the whole work would not constitute as ‘fair dealing’ in this case a licence or paid subscription would be needed. However, according to Section 108 of the Copyright Act, in The USA, it is possible to obtain a whole piece of work from your library, however, certain conditions apply.

    Read More

  • Do Copyright Laws Stifle Creativity?

    936 Words  | 2 Pages

    The central message of this text is that increasingly, outdated copyright laws are being manipulated and put to use in a ludicrous manner. This is resulting in the suppression of people’s ability to generate and share their own creative expressions.

    Read More

  • The Digital Millennium Copyright Act and DeCSS

    2734 Words  | 6 Pages

    In 1998, the United States Congress passed the Digital Millennium Copyright Act (DMCA).  Congress intended the bill to update US copyright laws to deal with digital media.  They believed that digital media such as DVDs would be pirated in large numbers due to the fact that digital copies should appear exactly as the original.  The solution was encryption and the DMCA was enacted to protect the copyright on digital media that is encrypted.  A year later a program called DeCSS emerged, capable of decrypting the encryption of DVDs.  The first challenge of the DMCA began, as the Motion Picture Association of America (MPAA) brought suit against individuals who were trafficking the software on the Internet.  The ongoing court case raised serious issue about the Internet and the digital age, including topics such as HTML linking, source code as protected free speech, and the consumer's right to fair use.

    Read More

  • Trends In Copyright Infringement: A Review of Two Predictive Articles

    1963 Words  | 4 Pages

    Abstract: In 1995 Lance Rose and Esther Dyson wrote articles in Wired Magazine expressing polarized views on the future of copyright law and copyright infringement.  This essay reviews those articles, analyzes each article's accuracy as defined by current trends years later.

    Read More

  • Public Libraries Should Not Block Internet Pornography

    1800 Words  | 4 Pages

    In 1998, a district court in Virginia made a ruling on the use of filtering software in public libraries that set a precedent for the unconstitutionality of internet filters. Todd Anten’s article, “Please Disable the Entire Filter: Why Non-Removable Filters on Public Library Computers Violate the First Amendment gives an account of the ruling. The Loudoun County Library had instituted restrictions to internet access on all library computers with software that would block sites that “displayed obscene material, child pornog...

    Read More

  • Napster and Intellectual Property

    1145 Words  | 3 Pages

    The Internet. It is a vast network of millions of users, surfing and sharing billions of files, all day, every day. To individuals holding copyrights on intellectual property, this is a frightening proposition. After all, there is virtually no protection for these copyright holders from the misuse of their property. But, as Scott Sullivan, writer for The FBI Law Enforcement Bulletin stated, “as history has proven, technological and societal advances usually come with a price.” The price society is paying for the Internet is a loss of copyright protection by laws for their intellectual material.

    Read More

  • Copyright Issues in the Digital Age

    3085 Words  | 7 Pages

    The Statute of Anne (the first modern form of copyright law) was introduced after the printing press was invented. Before this time, books would have to be hand written and for this reason they were ve...

    Read More

  • DMCA and Russia

    1920 Words  | 4 Pages

    Traditionally, book authors have had the Copyright Law to protect their creations. That changed, however, since their books have become available in electronic format. In short, the creations had been turned into information – one that can effortlessly be copied and distributed thanks to invent of computers, Internet, and (lately), cheap data storage devices. Adobe Corporation’s eBook was meant to fix that problem for the copyright owners, while letting the readers keep their rights to their copy of the book.

    Read More

  • The Napster and Grokster Cases: Differences and Similarities

    883 Words  | 2 Pages

    ...entertainment industry is saying that intellectual property is just as real as physical property. The digital age faces a true balancing act a digital dilemma if you will- the right to freedom of expression while protecting intellectual property.

    Read More

  • Data Management and Metadata

    2233 Words  | 5 Pages

    In the world of preservation and library science the common focus is on preserving content, ensuring its longevity, findability, and a stable consistent metadata and technology solution, However we live in an age where everyone is a publisher of some form, and more consistently the content they produce will be in a digital rather than analogue form. Within that content there will always be varying amounts of metadata, some will be populated with an immense detail and granularity, some content will have been created with no human intervention to add additional information to it. In fact much of the digital material produced will have been done so by people who have no concept of metadata, and no inclination to know about it or time to use it. The question raised by Smiths statement highlights many of the issues around data preservation and digital content, with metadata only being a part of those issues, but integral to the ongoing management of the massive influx of digital content being produced.

    Read More

  • Ethics and Information Security

    1140 Words  | 3 Pages

    One of the most recent examples of ethics and technology conflicts in the United States are privacy issues and how we cite, distribute and publish intellectual property on the internet. For instance, many corporations and people take advantage of the open access of the internet and the lack of legislation governing the right to post and upload information to the internet. Today, nearly every household in the United States has a computer with int...

    Read More

  • Copyrights in the Music Industry

    2344 Words  | 5 Pages

    Copyright Law of the United States of America. (2013). Retrieved from Copyright United States Copyright Office.

    Read More

  • Internet Piracy: Theft of Intellectual Property

    1757 Words  | 4 Pages

    We have to remind legislators that intellectual property rights are a socially-conferred privilege rather than an inalienable right, that copying is not always evil (and in some cases is actually socially beneficial) and that there is a huge difference between wholesale ‘piracy'—the mass-production and sale of illegal copies of protected works—and the filesharing that most internet users go in for.

    Read More

  • Importance And Importance Of Copyright Law

    882 Words  | 2 Pages

    These laws work to differentiate the works that require protection, what needs to be protected and what form of usage can be permitted without a license. Proper enforcement of laws to combat piracy is required so that all stakeholders, regardless of them being the user or the creator can benefit from this protection.

    Read More

  • The Future of Printed Books in the Digital Age

    714 Words  | 2 Pages

    ...igitization.” This does not necessarily imply that printed books will altogether disappear, but that their appearance, usage and milieu will be repurposed. Therefore, it is only rational for stakeholders such as academicians, authors and publishers to envision the future of printed books in the digital age, so as to better anticipate the changes that are, without a doubt, destined to occur.

    Read More

More about Copyright, e-Licensing and The Future of Librarianship

Open Document