Access the Copyrighted: Integration Correspondence from the James H. Meredith Collection

The violence surrounding the 1962 desegregation of Ole Miss inherently links the University of Mississippi (UM) with the history of the Civil Rights Movement. Thus, the Department of Archives & Special Collections at UM holds extensive civil rights related collections, ranking amongst our more frequently researched topics. Aside from contributing to a statewide grant-funded initiative in 2003, the UM Archives & Special Collections has shied away from prioritizing Civil Rights materials in our digital collections; however, this decision does not stem from emotion. Historically, we have focused on 19th century materials, clearly in the public realm, in an attempt to evade the complexities of contemporary copyright law. This focus has shifted recently. Taking advantage of digital rights management, UM has expanded digital focus to include 20th-century items, notably civil rights materials, in order to meet user needs. In the past year, UM’s Archives & Special Collections has mounted two civil rights digital collections: The Integration of the University of Mississippi & the United States v. Mississippi Interrogatory Answers. Using CONTENTdm, UM’s content management system, these two digital projects feature images and unsolicited correspondence concerning integration in education as well as court documentation concerning African American voting rights, respectively. To further broaden access to materials on this subject, we have more civil rights and race relations materials in the planning phase of digitization

Approximation and DRM: can digital locks respect copyright exceptions?

Technological Protection Measures (TPMs) are the hard core of Digital Right Management (DRM) systems, which enforce the rights of the copyright owner in the digital environment. Copyright scholars expressed concerns that TPMs do not comply with copyright exceptions and limits (Hugenholtz 2000; Koelman 2000; Dusollier 2003; Westkamp 2004).\ud A few solutions to this problem have been proposed in the field of internet services (Mulligan and Burstein 2002; Erickson 2003; Cohen and Burk 2001; Sobel 2003). However, none of these proposals is tailored to optical disks (CDs and DVDs). Yet, the report ‘Digital Broadband Content: Music’ of the OECD (2005) states that TPMs implemented on optical disks hinder copyright exceptions more often than those applied to internet services. Moreover, in Europe the Copyright Directive exempts TPMs implemented on internet services from compliance with copyright exceptions. This paper therefore outlines possible ways to implement TPMs on optical disks in Europe, in order to achieve their compliance with a list of fundamental copyright exceptions, as identified by previous research (Favale 2008

Planning for PARADISEC

PARADISEC is a collaborative digital research resource set up by the University of Sydney, the University of Melbourne and the Australian National University in 2003, with funding from the Australia Research Council's Linkage Infrastructure Equipment and Facilities scheme. Conceived and created in cyberspace, the project locates its digitisation equipment at the University of Sydney, its website at ANU, and metadata database at the University of Melbourne, with researcher contributions from all three Universities. Current planning issues concern provision of appropriate levels of digital rights management and access for the many stakeholder communities located throughout the Asia-Pacific region. This presentation outlines the principles that have guided us in planning and implementation of PARADISEC.Department of Communications, Information Technology and the Arts Australian Research Counci

Planning for PARADISEC

PARADISEC is a collaborative digital research resource set up by the University of Sydney, the University of Melbourne and the Australian National University in 2003, with funding from the Australia Research Council's Linkage Infrastructure Equipment and Facilities scheme. Conceived and created in cyberspace, the project locates its digitisation equipment at the University of Sydney, its website at ANU, and metadata database at the University of Melbourne, with researcher contributions from all three Universities. Current planning issues concern provision of appropriate levels of digital rights management and access for the many stakeholder communities located throughout the Asia-Pacific region. This presentation outlines the principles that have guided us in planning and implementation of PARADISEC.Department of Communications, Information Technology and the Arts Australian Research Counci

Moral Rights in the US: Still in Need of a Guardian \u3ci\u3eAd Litem\u3c/i\u3e

Over ten years ago in the Cardozo Arts and Entertainment Law Journal, I inquired whether authors’ “moral rights” had come of (digital) age in the US. Ever-hopeful at that time, I suggested that then-recent legislation enacted to enable the copyright law to respond to the challenges of digital media might, in addition to its principal goal of securing digital markets for works of authorship, also provide new means to protect authors’ interests in receiving attribution for their works and in safeguarding their integrity. The intervening years’ developments, however, indicate that, far from achieving their majority, US authors’ moral rights remain in their infancy, still in need of a guardian ad litem. Nor is it clear what legal institution can assume that role. Judicial interpretation of the Digital Millennium Copyright Act underscores that text’s limited utility as a legal basis for attribution rights. Moreover, the US Supreme Court’s 2003 decision in Dastar v Twentieth-Century Fox has probably left authors worse off, because the Court removed recourse to the Lanham Trademarks Act as a source of attribution (and perhaps, integrity) rights. If statutes and caselaw afford no general basis of moral rights, might the convergence of contract law and digital communications yield agreements, private in form but public in impact, that collectively approximate attribution and integrity rights? This assessment of developments in moral rights in the U.S. since 2001 will first analyze the caselaw construing section 1202 of the DMCA, which prohibits removal or alteration of “copyright management information.” It will next summarize the damage Dastar has done to the development of moral rights. Finally, I will consider the extent to which online contracts and practices may supply an effective basis for the assertion of attribution and integrity rights. De facto implementation of attribution rights through digital watermarking and other means of incorporating authorship information in connection with the communication of digital copies or performances of work make possible the recognition of many levels of creative contributions, but without a legal obligation to credit creators, it is unclear whether authorship information will remain connected to the copies of their works. Regarding integrity rights, respect for the work as the author created it may, in the absence of enforceable legal or contract norms, yield to online users’ preference for “remix.” In that light, an alternative moral right of the author, proposed by Prof. Jessica Litman, and recounted in the previous AELJ essay, to compel comparison of the altered version with the original by obliging the modifying user to link back to it, is better than nothing. But, without a legal obligation to disclose alterations or link back to the original, the prospects for even this weakened integrity right do not presage imminent adolescence, much less a vigorous adulthood, for moral rights in the US

The Information Commons: a public policy report

This report describes the history of the information commons, presents examples of online commons that provide new ways to store and deliver information, and concludes with policy recommendations. Available in PDF and HTML versions.BRENNAN CENTER FOR JUSTICE at NYU SCHOOL OF LAW Democracy Program, Free Expression Policy Project 161 Avenue of the Americas, 12th floor New York NY 10013 Phone: (212) 998-6730 Web site: www.brennancenter.org Free Expression Policy Project: www.fepproject.or

The evolution of anti-circumvention law

Countries around the world have since 1996 updated copyright laws to prohibit the circumvention of "Technological Protection Measures", technologies that restrict the use of copyright works with the aim of reducing infringement and enforcing contractual restrictions. This article traces the legislative and treaty history that lies behind these new legal provisions, and examines their interaction with a wide range of other areas of law: from international exhaustion of rights, through competition law, anti-discrimination measures, regulation of computer security research, constitutional rights to freedom of expression and privacy, and consumer protection measures. The article finds that anti-circumvention law as promoted by US trade policy has interfered with public policy objectives in all of these areas. It picks out key themes from the free trade agreements, legislation and jurisprudence of the World Trade Organization, World Intellectual Property Organization, USA, EU member states, and South American, Asian and Australasian nations. There is now a significant movement in treaty negotiations and in legislatures to reduce the scope of anti-circumvention provisions to ensure their compatibility with other important policy objectives

The Information Commons: a public policy report

This report describes the history of the information commons, presents examples of online commons that provide new ways to store and deliver information, and concludes with policy recommendations. Available in PDF and HTML versions.BRENNAN CENTER FOR JUSTICE at NYU SCHOOL OF LAW Democracy Program, Free Expression Policy Project 161 Avenue of the Americas, 12th floor New York NY 10013 Phone: (212) 998-6730 Web site: www.brennancenter.org Free Expression Policy Project: www.fepproject.or

Ideas, Artifacts, and Facilities: Information as a Common-Pool Resource

The goal of this paper is to summarize the lessons learned from a large body of international, interdisciplinary research on common-pool resources (CPRs) in the past 25 years and consider its usefulness in the analysis of scholarly information as a resource. We will suggest ways in which the study of the governance and management of common-pool resources can be applied to the analysis of information and \u27the intellectual public domain.\u27 The complexity of the issues is enormous for many reasons: the vast number of players, multiple conflicting interests, rapid changes of technology, the general lack of understanding of digital technologies, local versus global arenas, and a chronic lack of precision about the information resource at hand. We suggest, in the tradition of Hayek, that the combination of time and place analysis with general scientific knowledge is necessary for sufficient understanding of policy and action. In addition, the careful development of an unambiguous language and agreed-upon definitions is imperative. As one of the framing papers for the Conference on the Public Domain, we focus on the language, the methodology, and outcomes of research on common-pool resources in order to better understand how various types of property regimes affect the provision, production, distribution, appropriation, and consumption of scholarly information. Our analysis will suggest that collective action and new institutional design play as large a part in the shaping of scholarly information as do legal restrictions and market forces