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Copyright Decisions: Impact of Recent Cases on Libraries and Publishers

Webinar

About the Webinar

The Digital Age has spurred a number of disruptive innovations in information dissemination and access that rely on fair use and teaching exceptions in Copyright Law. Globalization has also provided means for exchange of content that had not existed before. In response to these innovations, publishers have filed several high profile lawsuits in an attempt to protect their business models and regain control by stemming the flow of these new delivery methods. This webinar will shed some light on these recent lawsuits and discuss the ramifications the decisions these cases have on information flow now and in the future.

Event Sessions

Kirtsaeng, ReDigi, and the Future of First Sale

Speaker

Skott Klebe

Manager of Special Initiatives, Copyright Clearance Center
Copyright Clearance Center

The Kirtsaeng case has rewritten the rules for first sale in the global marketplace, and these changes will reverberate for years. In order to understand the implications for libraries, we look at the Kirtsaeng case and First Sale in economic context, considering possible outcomes in the short and longer terms. Looking further forward, we discuss the future of First Sale as publishing goes digital.

Georgia State and the Future of Fair Use

Speaker

Brandon Butler

Practitioner-in-Residence, Glushko Samuelson IP Clinic, Washington College of Law
Glushko Samuelson IP Clinic, Washington College of Law

In 2008, after years of uncertainty and uneasy peace, three academic publishers brought the first lawsuit against a university library over the use of electronic reserves. In the case of Cambridge U. Press et al. v. Patton et al., also known as the Georgia State case, the publishers argued that libraries were using valuable content without paying, while GSU argued that the uses were within the professors' fair use rights. The district court sided with GSU, rejecting the analogy between the library and for-profit copy shops and describing a surprisingly clear process for assessing whether a particular course reserve posting is fair. Now the case is on appeal with the 11th Circuit in Atlanta, with stakeholders on both sides filing amicus briefs. I'll review the basic arguments on both sides as well as Judge Evans' rubric for determining whether a use is fair, then we can discuss the appeal.

HathiTrust, Google, and the Future of Mass Digitization

Speaker

Laura Quilter

Copyright and Information Policy Librarian, University of Massachusetts, Amherst
University of Massachusetts, Amherst

HathiTrust and Google BookSearch, the marquee digital book collections, are both in litigation. While the publishers have settled in the Google BookSearch, the Authors Guild continues to press its case that digitized books are "digital risk" for the rightsholders. This fall, courts will weigh the key fair use questions at stake in these cases. What is the public interest in search, and is a changed "purpose" a transformative fair use? How should preservation of texts, and accessibility for persons with disabilities, be weighed? I will review the key decisions to date and upcoming decisions in these cases, as well as the larger legal environment on the issues.

Additional Information

  • Registration closes at 12:00 pm Eastern on August 14, 2013. Cancellations made by August 7, 2013 will receive a refund, less a $20 cancellation. After that date, there are no refunds.

  • Registrants will receive detailed instructions about accessing the webinar via e-mail the Monday prior to the event. (Anyone registering between Monday and the close of registration will receive the message shortly after the registration is received, within normal business hours.) Due to the widespread use of spam blockers, filters, out of office messages, etc., it is your responsibility to contact the NISO office if you do not receive login instructions before the start of the webinar.
  • If you have not received your Login Instruction email by Tuesday at 10AM (EST) please contact the NISO office or email Jill O'Neill, Educational Programs Manager at joneill@niso.org for immediate assistance.
  • Registration is per site (access for one computer) and includes access to the online recorded archive of the webinar. You may have as many people as you like from the registrant's organization view the webinar from that one connection. If you need additional connections, you will need to enter a separate registration for each connection needed.

  • If you are registering someone else from your organization, either use that person's e-mail address when registering or contact the NISO office to provide alternate contact information.

  • Library Standards Alliance (LSA) members receive one free webinar connection as part of their membership. You do not need to register for the event for this free connection. Your webinar contact will receive the login instructions the Monday before the event. You may have as many people as you like from the member's library view the webinar from that one connection. If you need additional connections beyond the free one, then you will need to enter a paid registration (at the member rate) for each additional connection required.

  • Webinar presentation slides and Q&A will be posted to the site following the live webinar.

  • Registrants and LSA member webinar contacts will receive an e-mail message containing access information to the archived webinar recording within 48 hours after the event. This recording access is only to be used by the registrant's or member's organization.

Event Dates

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Registration

Registration closes on

To register: To register using a credit card, click here.

/sites/default/files/events/2018-12/Aug14-2013_copyright_webinar_regform.pdf

Fees

Registration Costs

  • NISO Member

    • $95.00 (US and Canada)

    • $109.00 (International)

  • NASIG Member

    • $95.00

  • Non-Member

    • $125.00 (US and Canada)

    • $149.00 (International)

  • Student

    • $49.00

Location

  • NISO has developed a quick tutorial, How to Participate in a NISO Web Event. Please view the recording, which is an overview of the web conferencing system and will help to answer the most commonly asked questions regarding participating in an online Webex event.
  • You will need a computer for the presentation and Q&A.
  • Audio is available through the computer (broadcast) and by telephone. We recommend you have a set-up for telephone audio as back-up even if you plan to use the broadcast audio as the voice over Internet isn't always 100% reliable.
  • Please check your system in advance to make sure it meets the Cisco WebEx requirements. It is your responsibility to ensure that your system is properly set up before each webinar begins.