Copyright, Legal Issues and Policy, Fall 2007, H72.1804
Fridays 10:00 AM – 12:00 PM (2 hours per week for 13 weeks)
Faculty
- Rina Elster Pantalony
- Principal Legal Counsel to the Library and Archives of Canada, Department of Justice, Canada, New York, NY.
Educational Objectives
- Basic conceptual understanding of copyright law.
- Knowledge of copyright issues affecting preservation, restoration, exhibition, and repurposing.
- Familiarity with both professional and legal rights and responsibilities around preservation and restoration.
- Comprehension of copyright management as a function of collections management
- Understanding of the kind of policy and intellectual property management issues facing moving image repositories.
Grade based on research paper and group copyright audit and risk assessment project:
- Class participation 10%
- Audit Project and Summary of Issues 90%
Course Schedule
September 7 - Week 1
Introduction to Copyright: The Social Contract - Ownership, Control and Progress
September 14 - Week 2
Introduction to Copyright: A Bundle of Rights and a Handful of Rights Holders
September 21 - Week 3
Examining the layers of Copyright in Film, Video, Film Ephemera and Electronic Media
September 28 - Week 4
AMIA Conference - no class
October 5 - Week 5
Exceptions to Copyright, and Fair Use - What are They and How do They Work
October 13 - Week 6
How To Manage IP in A Collecting Institution: Performing the Copyright Audit
October 19 - Week 7
Obtaining the Legal Rights to carry out preservation, restoration, exhibition and repurposing of film, video, ephemera and new media content
October 26 - Week 8
A Review of Advocacy in the Digital Environment - Copyright, Creativity, Education and Access
November 2 - Week 9
DRMs and TPMs: What are They and Do They Work?
November 9 - Week 10
The Value Added - Value-Based Decision Making in Managing Copyrights as part of a Collection - Speaker TBD
November 16 - Week 11
Copyright Policy Development and Implementation in Collecting Institutions
November 23 - Thanksgiving Weekend
No class
November 30 - Week 12
Copyright Policy Development and Implementation in Collecting Institutions
December 7 - Week 13
Student project presentations - Double Class
Required Reading
Books
Carrie Russell. Complete Copyright: An Everyday Guide for Librarians. Washington: American Library Association, 2004.
Mark Litwak. Dealmaking for the Film and Television Industry, 2nd ed. Los Angeles: Silman-James Press, 2002.
Rina Elster Pantalony. The WIPO Guide on Managing Intellectual Property for Museums. Geneva: World Intellectual Property Organization, 2007. (Print version available shortly.)
Articles on Reserve/Online
Practical How-To Publications
Laura Gassaway's Copyright Chart, "When Works Pass Into the Public Domain."
Cornell University Checklist for Conducting Fair Use Analysis.
Linda Tadic, "Copyright in a Digital World, A Practical Workshop: The Permissions Process," OCLC Copyright Online Resource Kit, IMLS Webwise Conference, OCLC/AMIA Annual Meeting, November 17, 2003.
Rachelle Brown, What Can I Do and How Safe Is It?", OCLC Copyright Online Resource Kit, IMLS Webwise Conference, OCLC/AMIA Annual Meeting, November 17, 2003.
Articles
Sharon Connelly; "Authorship, Ownership, And Control: Balancing The Economic and Artistic Issues Raised by the Martha Graham Copyright Case", Fordham Intellectual Property, Media & Entertainment Law Journal 15 (Spring 2005): 837-891.
Howard Besser, "The Commodification of Culture Harms Creators," The Information Commons 1 (June 2002).
Rick Prelinger, "Beyond Copyright Consciousness", November 2000.
Paul M. Current, "Scholarship in Academic Libraries (And their Kin) in the World of Google", July 2006.
Rina Elster Pantalony, "Museums and Digital Rights Management Technologies", Museum International: Heritage Issues in the Information Society (2): 54.4, UNESCO, Paris, 2002, pp.13-19.
Christine Steiner, "The Double Edged Sword: Museums and the Fair Use Doctrine", Museum News, American Association of Museums (September/October 1997): 32.
Stephen E. Weil, "Not Money, Control", Museum News: American Association of Museums (September/October 1997): 36.
Michael Shapiro, "Not Control, Progress", Museum News: American Association of Museums (September/October 1997): 37.
Jorgen Svensson and Frank Bannister. "Pirates, Sharks and Moral Crusaders: Social Control in Peer-to-Peer Networks" First Monday (June 2004).
Pamela Samuelson, Samuelson Law, Technology and Public Policy Clinic, University of California at Berkeley School of Law (Boalt Hall), "Brief Amici Curiae of 40 Intellectual Property and Technology Law Professor Supporting Affirmance in Metro-Goldwyn-Mayer Studios v. Grokster, filed before the Court of Appeals for the Ninth Circuit, September 26, 2003"
METRO-GOLDWYN-MAYER V GROKSTER, LTD. 03-55894 (uscourts.gov) (9th Circuit Court of Appeals Decision)
METRO-GOLDWYN-MAYER V. GROKSTER (United States Supreme Court Decision) June 27, 2005.
Update and position of the American Library Association on Grokster Decision.
Richard Lanham, "The Electronic Word: Democracy, Technology and the Arts."
Patricia Aufderheide and Peter Jaszi, "Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers" Center for Social Media, School of Communication and Program on Intellectual Property and the Public Interest, American University, Washington College of Law, November 2004.
Nancy Kranich, "The Information Commons, A Public Policy Report"; The Free Expression Policy Project, Brennan Center for Justice at NYU Law School; 2004
The Copyright Office's Study on Orphan Works
Burt Helm, "Google's Escalating Book Battle", BusinessWeek OnLine, October 20, 2005.
Additional Reading/Resources
Historic Review
Laura Gassaway, "America's Cultural Record, A Thing of the Past?"
Matthew Rimmer, "The Dead Poets Society: Copyight Term and the Public Domain", 2003.
Center for Social Media FAQs.
Siva Vaidhyanathan. Copyrights and Copywrongs. New York: NYU Press, 2001.
Georgia Harper's Copyright Crash Course
Stephen E. Weil, "Fair Use and the Visual Arts, Please Leave Some Room for Robin Hood", Making Museums Matter. Washington: Smithsonian Institution Press, 2002. pp. 239-252
World Intellectual Property Organization
The Motion Picture Association of America