11 research outputs found

    Review of \u3cem\u3eInterpreting and Negotiating Licensing Agreements\u3c/em\u3e by Arlene Bielefield and Lawrence Cheeseman

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    This review was published in College and Research Libraries

    <国際学会ē™ŗč”Ø Conference papers>Historical Development of Confidentiality of Library Records in the United States

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    It has been widely recognized in the United States that protecting the confidentiality of user records is the priority for libraries in promoting good library services. Although the American Library Association recognized the importance of protecting users' library records according to the "Code of Ethics for Librarians" back in 1938, the issue of confidentiality did not become crucial until the 1970s. Confidentiality is becoming increasingly more important in the 21st Century in the new digital society due to vigorous increase in the amount of information. This paper presents an overview of the historical development of the confidentiality of library records in the United States

    Remix and Rebalance: Copyright and Fair Use Issues in the Digital Age and English Studies

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    This thesis examines the current state of intellectual property in the digital age and provides specific suggestions on increasing conversations on copyright, fair use, and intellectual property in the first-year composition classroom

    Censoring the Student: A Bibliography

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    This thesis project includes a comprehensive bibliography that is centered on the topic of censorship as it applies to literature within the school and library setting. It also highlights the rights of students to read, write, and experience potentially controversial topics within the classroom and library. The Introduction examines the reasoning for the ongoing concern with censorship and cites several landmark legal cases and their outcomes. It briefly discusses the intersection of censorship, student rights, and the First Amendment. The successive chapters incorporate the bibliography itself and are organized by specific topics which include: the censorship debate, author and book censorship, court mandated censorship, school board censorship, students First Amendment rights, effects of censorship on librarians and school professionals, parents and students as instigators and/or victims, censorship effects on students

    The Developing Legal Infrastructure and the Globalization of Information: Constructing a Framework for Critical Choices in the New Millennium Internet -- Character, Content and Confusion

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    This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a model of limited property rights, which assumes an implied license to trespass or move within that space, e.g., to visit or to link to another website. Others believe that private ordering systems, like contract law, should dominate the negotiation of information boundaries. Still, others see the Internet as the last open frontier, or at least, as the last green space or commons. This debate is assessed in light of several implications for information in the new millennium, i.e.,the post-national era, as it is naive to assume that simply because borders may dissolve or boundaries may expand through technology, that information access and equity will also naturally increase

    Copyright and digital music collections in South Africa.

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    Thesis (M.I.S.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.The crux of the research problem for this study pertains to the fact that, as the world moves towards a digital age, it is imperative that we gain insight into the current copyright laws which govern the transferring of music from the old analogue form to the new digital formats. In terms of the research problem, this study explores the South African Copyright Act No. 98 of 1978 as it pertains to the transferring of sound recordings from analogue to digital format. The study also examined digital copyright laws for sound recordings in the United States, the United Kingdom and Australia as well as major copyright conventions and treaties as these international copyright laws impact on the South African situation, especially in terms of reciprocity. Furthermore, the study addressed the issue of balancing the rights between copyright holders and the public good in the preservation and dissemination of knowledge in the digital age. The study employed methodological triangulation which included a literature search, a questionnaire and informal interviews. The population constituted 16 music librarians and two legal librarians who were surveyed. Quantitative and qualitative techniques were employed. Considering the size of the population (18) the results of a self-administered questionnaire were analysed using a calculator. Data collected for the informal interviews was analysed qualitatively. The study revealed that music librarians in South Africa are not well-versed in South African copyright law, especially as it applies to sound recordings. Guidelines, based on the South African Copyright Act No. 98 of 1978, and specifically for South African music librarians, have been formulated concerning both print and the actual sound recordings. It is important for the music librarian to take note that the composition of songs in a sound recording has an individual copyright that is separate from the copyright of the sound recording. Further copyrights can also exist in, for example, the sleeve of an album. It is anticipated that the guidelines will give clarity to music librarians on South African digital copyright legislation with regard to sound recordings

    From Little Acorns Great Oaks Grow: The Constitutionality of Protecting Minors from Harmful Internet Material in Public Libraries Comment.

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    Congress should focus on the receiver\u27s end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minorsā€™ access to the accumulating number of controversial texts in the library. The Internetā€™s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that the ā€œsenderā€™s endā€ method of regulation was too vague. In particular, the Supreme Court found that Congressā€™ attempt to balance the speech rights of adults and the protection of minors went too far and infringed upon First Amendment guarantees. Congress has again enacted a blanket senderā€™s end Internet regulation, the CDA II, which penalizes the knowing communication of ā€œharmfulā€ materials to minors. Likely, CDA II will be short lived due to its vagueness. A combination of Supreme Court precedent and Internet technology can surpass the weaknesses of CDA and can reconcile adultsā€™ First Amendment rights with the vulnerability of exposing minors to harmful Internet material. Three components must be added to the proposed statute: (1) precise definitions; (2) a single computer library provisionā€™ and (3) a safety valve provision. Addition of these components will correct the likely deficiencies of the legislation and is a technologically advanced solution to the challenges that the Internet poses in light of the First Amendment

    The Librarianā€™s Copyright Companion

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    The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g. YouTube) in the classroom

    ON AND ON WE GO WITH COPYRIGHT:THE ROLE OF THE ASSOCIATION OF RESEARCH LIBRARIES IN THE DEVELOPMENT OF THE COPYRIGHT ACT OF 1976.

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    The 1976 Act was the last general revision of U.S. copyright law and still forms the basis for our copyright law. The public policy development process that led to the Act lasted twenty one years, from 1955 until 1976. Librarians, including those involved with the Association of Research Libraries (ARL), were one group amongst many that sought to influence the final form of the legislation. This is a historical analysis of the ARL's role in this process based on archival sources, the primary government documents, and the contemporary professional literature. I address four research questions. 1) How and why did the ARL develop the positions it took during this copyright law revision? What were those positions and how and why did they change over time? 2) How did ARL positions on copyright revision differ from those of other interest groups, both within librarianship and in the academic research community, and how did the Association work and conflict with those other interests to further its goals in the revision process? 3) How did the ARL, its members, and active representatives articulate their policy positions? 4) How effective was the Association in achieving its policy goals? Which goals were achieved fully, partially, or not at all? The role of the ARL in this effort changed over time as the context in which it occurred changed, and in turn this lobbying effort affected the ARL. The narrative is in three periods; 1955-1960 in which research librarians worked with the Copyright Office to organize themselves to be able to participate in revision, studied the issue of photocopying in libraries and arrived at a policy position; 1961-67 in which research librarians proposed and reacted to various forms of legislative language, and moved away from a specific library exemption towards a reliance on fair use; and finally 1968-1976 in which three interrelated strands of legislative, judicial, and interest group negotiation resulted in the drafting of Ā§108 and final passage of the Act. Working in concert with other library associations and with other interest groups in education, the ARL was partially successful in influencing the final legislation
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