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Foreword | ||
Preface | ||
Acknowledgments | ||
1 | History and Purpose | 3 |
When Did Copyright Begin? | 4 | |
How Does That British History Relate to American Copyright Law? | 6 | |
When Did Modern Copyright Law Actually Begin? | 7 | |
What Is Our Current Source of Copyright Law? | 8 | |
What Significant Statutory Changes Have Occurred Since 1976? | 11 | |
2 | Overview | 15 |
What Can Be Copyrighted? | 15 | |
How Do I Get Copyright Protection? | 18 | |
What Rights Do I Get by Copyrighting My Work? | 19 | |
Are There Limitations and Exceptions to These Rights? | 20 | |
How Do I Avoid Getting in Trouble? | 21 | |
What Happens to Me or My Library If We are Found Guilty of Infringement? | 22 | |
3 | Fair Use and Statutory Exceptions for Libraries | 25 |
What Is the Fair Use Doctrine? | 25 | |
How Are Fair Use Judgments Made? | 27 | |
What Is the Case-By-Case Analysis Based On? | 27 | |
What Other Statutory Protections Are Available for Librarians? | 34 | |
What Is the Bottom Line? | 39 | |
4 | Internet Basics | 41 |
How Does Information Travel over the Internet? | 41 | |
What Is the Significance of Copyright in This Process? | 44 | |
What About Specific Web Functions? | 47 | |
5 | Recent Legislation | 49 |
How Does the Sonny Bono Copyright Term Extension Act Change Copyright Duration? | 50 | |
What Exactly Does the Digital Millennium Copyright Act Do? | 52 | |
Anticircumvention Rules and Copyright Management Information | 54 | |
What Is the Uniform Computer Information Transaction Act? | 54 | |
6 | Hyperlinking and Framing | 59 |
How Does Hyperlinking Work? | 59 | |
How Do Inline Linking and Framing Work? | 65 | |
What Should I Do About Using Deep Links and Frames? | 67 | |
Can These Activities Really Infringe Copyright? | 67 | |
7 | Browsing | 71 |
How Is the Reproduction Right Implicated by Browsing? | 72 | |
How Is the Derivative Works Right Implicated by Browsing? | 78 | |
How Are the Public Display and Performance Rights Implicated by Browsing? | 81 | |
Isn't There Some Kind of Protection for Browsers? | 82 | |
What Does This Mean for Our Libraries? | 84 | |
8 | Using Digital Images | 87 |
How Do I Know When I Can Legally Download or Copy an Image from the Web? | 87 | |
When I Legally Download an Image, Am I Limited in What I Can Do with It? | 89 | |
Does the Right to Copy an Image from a Web Page Include the Right to Put It on My Web Page? | 92 | |
Does the Right to Copy and Place an Image on My Web Page Include Other Rights? | 93 | |
What Uses Can I Make of Information I Find on the Web? | 94 | |
Can I Place Images of Works in My Collection on My Web Pages? | 94 | |
The Bottom Line | 95 | |
9 | Understanding Noncopyright Issues | 97 |
How Does Trademark Law Compare to Copyright Law? | 97 | |
What Does This Mean for a Librarian Creating Web Pages? | 99 | |
10 | Realizing Legal Liabilities | 105 |
I'm the Good Guy: What Can They Do to Me? | 105 | |
What Kind of Damages Could a Court Assess to Me or My Library? | 106 | |
Are There Exceptions for the "Good Guys"? | 107 | |
How Likely Is It That a Library Would Be Sued for Infringement? | 108 | |
11 | Liability and Libraries as Content and Internet Access Providers | 113 |
Why Is It Important to Understand the Various Types of Infringement? | 113 | |
Can My Institution Be Liable for Someone Else's Actions on Our Computers? | 113 | |
How Do Different Types of Infringement Apply to Library Activities? | 114 | |
What Are the Liability Implications for Libraries as Internet Access Providers? | 115 | |
What Do I Have to Do to Be Covered by the Entire Section 512? | 118 | |
12 | Interlibrary Loan and Resource Sharing | 121 |
What Does the Copyright Act Say About Interlibrary Loan? | 121 | |
CONTU Guidelines | 123 | |
How Does This Apply to the Internet? | 123 | |
What Is the Bottom Line About Using the Internet for Interlibrary Loan Activities? | 125 | |
13 | Electronic Reserve Systems and Class-Based Web Pages | 127 |
How Does Fair Use Apply to Reserves and Classroom Copying? | 128 | |
What Are the Limitations on the Performance and Display Rights? | 130 | |
Are There Any Guidelines to Help Us Determine What Is Allowed? | 130 | |
ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use | 133 | |
When All Else Fails, Read the Directions | 135 | |
14 | Library Instruction and Distance Education | 137 |
Are There Problems with Giving Live Demonstrations in the Classroom? | 138 | |
Is There a Problem with Using "Canned" Presentation of Web Pages? | 138 | |
Is There a Problem with Enhancing Electronic Presentations? | 140 | |
What Are the Copyright Implications for Distance Learning? | 141 | |
Do Vendor Licenses Address Uses Made for Instructional or Distance Education Purposes? | 142 | |
15 | Taking a Stand for Libraries and Library Users | 145 |
Why Should Librarians Get Involved in What Is Essentially a Political Issue? | 145 | |
How Should Librarians Go About Being Aggressive and Prevent Being Co-opted? | 148 | |
Source 1 | Selected Excerpts From the Copyright Act of 1976 (17 U.S.C. 101 Et Seq.) | 153 |
Source 2 | Copyright Term Duration | 181 |
Source 3 | The Conference on Fair Use: Educational Fair Use Guidelines for Digital Images | 183 |
Source 4 | The Conference on Fair Use: Fair Use Guidelines for Electronic Reserve Systems | 197 |
Source 5 | The Conference on Fair Use: Educational Fair Use Guidelines for Distance Learning | 201 |
Source 6 | The Conference on Fair Use: Fair Use Guidelines for Educational Multimedia | 211 |
Source 7 | Final Report of the National Commission on New Technological Uses of Copyrighted Works | 223 |
Source 8 | American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use | 229 |
Source 9 | Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions (from the House Committee on the Judiciary Report on the Copyright Act of 1976) | 239 |
Source 10 | How to Get Permission to Use Copyrighted Material | 243 |
Source 11 | How to Protect Your Work | 245 |
Source 12 | How to Fulfill Your Responsibility as an Information Professional to Represent the Needs of Your Library and Your Users | 251 |
Source 13: Resources: Organizations | 255 | |
Source 14: Resources: Publications | 257 | |
Source 15: Resources: Web Pages | 259 | |
Index | 261 | |
About the Author | 264 |
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